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HomeMy WebLinkAboutCreekside Arbour Phase II RZ 99-005}~ "r`~ HUB OF TREASURE VALLEY `.°~ Mayor ~ LEGAL DEPARTMENT KOBERT D. CORRIE A Good Place to Live ('08) 884 4'64 Un~~I Mzmeer~ CITY OF MERIDIAN PUBLIC w~o KS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 ~ ~ aos) 8a7-") ~ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-48~~~ NNING AND ZONING KEITH BIRD ~ ~ DEPARTMENT ~~;1 (?08) 884-~>33 ~~ ~ ~~ PI~A-~~ 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, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 4, 1999 TRANSMITTAL DATE: April 5, 1999 HEARING DATE: Mav 11, 1999 FILE NUMBER: RZ-99-005 REQUEST: REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II BY: WILLIAM AND LUCILE LEAVELL LOCATION OF PROPERTY OR PROJECT: END OF 5T" NORTH OF CREEKSIDE ARBOUR PHASE I TAMMY DE WEERD, PIZ MALCOLM MACCOY, P/Z TOM BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, 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) YOUR CONCISE REMARKS: (?/-e~lCSi cl~' ~7~'bour° - /'f1a'.S~ Tl" /~ eZv.~@, ~ - _ RiCOfSIJC,~' KcuJEST C ~, "~" rr,it~i v ~CrCnrtr-r r, u H ~, v - - T ~ c, v tt i, ;: , t ~ ~ ~1 -r:~ 4L~ PAC'^`~~i,- 1 V L! N 2flOL ~~ 2 ~ ~~~~ ~~~ e ~ ~~ i ~ 0 ~ 317 Z 3t, _ R,EcE,~ 1J MAY t 0 ~ 2000 .~~I~ ®F NfERIDi~ ~tNG ~'ZONiNG CITY OF MERIDIAN ORDINANCE NO. G~ ~~ AN ORDINANCE FINDING .THAT THE OWNER OF'CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONINGS . CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE. CITY OF .1VIERIDIAN FROM R-8 (MEDIUM DENSITY RESIDENTIAL) } ZONING DISTRICT TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER X11-2-408B(5) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: .. t SECTION 1. FINDINGS: W 1 2. ~r ... j; ~z y4, ~~ ( EE ~iI k The owner of the following described property has made a written request for a re-zone` of the zoning classification for . the subject Real Property herein described from R-8 (Medium Density Residential) District to R-15 (Medium High Density Residential) District as defined under X11-2-408B(5) of the Municipal Code of the City of Meridian; ..and ~. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and -_ • conclusions. of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as: A parcel of -land as described in Warranty Deed Instrument No. - 9227732 and shown on Record of Survey No. 4621 situated in -the NE 1%4 of the NW 1/4 of Section 7,:T.3N., R.1E., Boise Meridian; Ada County, Idaho and described as follows: . ~ Commencing at a Brass Cap Monument marking the North 1/4 , corner of said Section 7, thence along the East-line of theaNW 1/4 of said Section S 00°34'39" W (S 00°00'00" W) a distance of 673.74 feet to'a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00°34'39" W a distance of 21$.76 feet to a 5/8" rebar; Thence leaving said East line S 38°43'20" W a distance of 192.36 . feet to a point; ' Thence N 89°29'10" W (S 89°56'20" W) a distance of 510.80 (5103.67) feet to a point; ~ - Thence N 00°33' 16" E a distance of 351.65' feet to a` point; Thence N 88°49'42" E a distance of~239.87 feet to~a'/z" rebar; Thence N 00°36' 1~7" E a distance of 590.03 feet to a point;;from which a 5/8" rebar on the southerly right-of-way of Fairview - Avenue bears N 00°36'17" E a distance of 34.06 feet; Thence N 61°04'07" E a distance of 73.66 feet to a point on the centerline of Five Mile Creek and the southerly right-of-way of Fairview Avenue; Thence along the centerline of said Five-Mile Creek the following ycourses; , CREEI~SIDE ARBOUR PHASE II SUBDIVISION RE-ZONE ORDINANCE - 2 3~ • • Thence S 00°44'24" E a distance of 305.75 feet to a point; Thence along the arc of a .curve to the left having a~radius of 30.00 feet, a central° angle of 61 °32'59", an arc length of 32.23 feet, and a long chord bearing S 31°32'36_ " E a distance of 30.70 feet to a point; . Thence S 62°20'48" E a distancey of 322.40.feet to a point; Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 1~7°52'43", an arc length of 18.72 `'rt feet, and a long chord bearing S 53°25'31" E a distance of 18.65 4 feet to a point on said East line of the NW 1/4; Thence leaving said centerline and along the said East line S' @ 00°34'39" W~a distance of 125.31 feet to the POINT OF BEGINNING. ~ ~ ~. s Said parcel contains 7.55 acres more or less and is subject to all existing'easements and rights-of-way of record or implied. ~_ SECTION 2. That -the above-described real Property be, and the same is hereby re-zoned and designed (R-15) Medium High Density Residential District. SECTION 3~. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: The zoning designation set forth in Section 2 of this ordinance is subject to the terms, and conditions of that certain Development Agreement by and fi between the City of Meridian and the owner of the land described in Section 1 and entered into°and dated the ~ l ~ day of h2~-G~-- , 2000. SECTION 5. All'ordinances, resolutions, orders or parts thereof in conflict CREEKSIDE ARBOUR PHASE II SUBDIVISION RE-ZONE ORDINANCE - 3 ~ ~ , • • herewith are hereby repealed, rescinded and`annulled. SECTION 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ~ , PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, , thisZ~ day of ~c1 ~lv , 2000. '" .APPROVED BY THE MAYOR OF THE CITY OF MERIDIAlV,{IDAHO, 5~ this ~ day of f ~'~~it, ~ , ZO~~ ATT T: ~~ .~ r,~ ... City Cleric F /, 1 STATE OF IDAHO,) f'%,; . ss. n _ r n i ~ ~,~U~<<y ~~ nud. J On this day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G: BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho; and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. k _. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal 6~~yi~ Aear first above written. ®v'~' O T'~' '`, e ~.. - a (SEAL) ecn; ' ~' ~' ;,7>a NO Y~PUBLIC FOR IDAHO a ® ~, m RESIDING AT: `"Y~~i Get Gt~vt ~ S> :® j,~.~JBL1G%O,~ Mfr COMMISSION EXPIRES: ~~-cTD msg/Z:\Worlc\MWte~~reekside Arbor\RZOrdinance BOO^~a a CREEKSID~E ARBOUR PHASE II SUBDIVISION RE-ZONE ORDINANCE - 4 r' ~ p; I• CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Ta,Y Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerlc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ~b passed by the City Council of the City of Meridian, on the ~~ s~ day of 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerlc of the City of Meridian. ,~-~f~~, WILLIAM G. BERG, STATE OF IDAHO, ) SS. County of Ada, ) ~. ~~ G! ~~~TFO ~ ~. ~~`~L ~M ` ~' '!l~rr;,aa to ~iK~~~~~ On this ~~ br day of , in the year 2000, before me, ~~~ ~.- h 2~L- , a Notary Public, appeared WILLIAM G. ERG, J ., known or identified to me to be the City Clerlc of the City F ~of Meridian, Idaho .that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. `st®voaaeopo i ~ (SF,AI) y '~'~ v k ~, ;® ~, ;~,LG r ~ q °m®~ OF 19 ~9~ Notary Pub is for Idaho Commission Expires: ~~~ $ msg\Z:\Worlc\M\Meridian 15360M\Cree(cside Arbor\CertificationOfClerkOrd x CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN E ~. r e 4 ! .~ 'h ~ ~ ~ CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECKLIST City of Meridian Project• C~~~ ~,~~`~~- Contact: ~ . ~~~ .~ ~~ Review Date: S"/~/~ Zone : ~ ~..1 ~ Required Aunlication Items: ^ 3 copies of site plan and landscape plan ^ Calculations table, including asphalt area, parking (standard and handicap), landscaping, and building s.f. ^ Copy of ACHD approval letter or ACRD-stamped copy of Site Plan (if applicable') Site Review/Conforming Elements Comments- Complete ,~ ~` Project must comply with all approved permits, plats or Development. Agreements associated with the lot or arcel. 1. Zoning District (permitted use, CUP, AUP, variance, etc. V 2. Flood lain District 0. 3. Landsca in a) # of Trees (1, 3" cal. per 1,500 s.f. of as halt) {~ $~ ~ ~ / ~1/ b) Plant S ecies Listed c) Re uired Stri s/Screens ~/" 3.Off-Street Parkin a) # of Stalls (dimensions, etc) t~$ •~-1 ~~~ b) Handicap Stalls (van accessible, aisles, si ns) c) Aisles width, location ~/ 4. Trash Areas a) Location b) 3-Side Screenin ~/ S..Underground Irrigation 6. Sidewalks/Paths ~~_~ 7. St3eets (R/W dedications, etc. ~~ ~~ ~,~ / ~/ 8. Lot Requirements a) Lot Area (note restrictions on use o undevelo ed ortion o lot ~ b) Street Frontage ~' -t~ c) Set-backs ,~ d) Coverage -,/ ~~ QQ~ .~ ~~~o ~ 'U_ _ ,,~~ J ~~- ~~ ~~ ~~~ ;~ `~.Q~.oQ- ~~~°~ ~- ~~-~ ~." ~~.~ .~. . C~,.1` ~ , ,~~~~ =., z-oS..~-~-,~- c~t.~ . ' ACHD approval letter required for curb cuts, road widening, any new projects. a Pressurized irrigation can be waived only if no water rights exist to subject property or developer deeds to City land for' a well. ~ Ciry permits a 1-time hook-up to municipal water for irrigation per site. z Trees must not be planted in Ciry water or sewer easements. s Applicant must submit a copy of recorded warranty deed or plat as evidence of the road dedication prior to CZC issuance. C:\P&Zadmin\Forms\CZC Checklist _...~ a .~. _,~ ~... _ .. _ ., ., ~ • • 1.6. WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning and 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 ~~ S~ day of ~T ~- ~~ 2000, 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 the rezoning designation; and I.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 that 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. 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. DEVELOPMENT AGREEMENT, Page 2. FV S/srb/03/ 13/00(LeavelVDevelopAgm) (6861-01) .. - • ~ 6 4. 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 la~v of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2. "DEVELOPER" means and refers to William D. and Lucile M. Leaven, husband and wife, whose address is 2720 South Ariel, Meridian, Idaho, 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)(5) Meridian City Code which are herein specified as follows: Construction and development of four multi-family dwellings, a total of sixteen fourplexes with a swimming pool, clubhouse, ten garages and 42 storage sheds. 4.2. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"s" approval thereof, in accordance with the "City"'s Zoning and Development Ordinance criteria, therein provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. DEVELOPMENT AGREEMENT, Page 3. FVS/srb/03/ I3/00(Leavell/DevelopAgm)(6861-01) 1 -~ • • 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 6.2. Run-off is not to create a mosquito breeding problem. 6.3. stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 6.4. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 6.5. All municipal surface drainage shall be retained on site. 6.6. Dedicate 60 feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits) whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 6.7. Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property as agreed to per attached drawing. 6.8. Provide a public roadway from Fairview Avenue to a point between 300 and 460 feet south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37-foot Street section plus 12- DEVELOPMENT AGREEMENT, Page 4. FVS/srb/03/13/00(LeaveiVDevelopAgm)(6861-01) • • g feet of additional pavement with curb, gutter and sidewalk on the east side of the road within 42-feet right-Oof-way. Provided a paved temporary turnaround' with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 6.9. Construct a 5-foot wide detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located two feet within the new right-of- way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. 6.10. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6.11. Other than the public road specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 6.12. That the subject property shall be developed in accordance with the revised site plan, dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE AUGUST, 1999, DRAWN BY OES, Sheet No. AI, Creekside Arbour Apartments, Phase Two, Meridian, Idaho, LARRY I~NOPP, ARCHITECT. 7. COMPLIANCE PERIOD /CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors or 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 Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 8. 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: DEVELOPMENT AGREEMENT, Page S. F V S/srb/03/ 13/00(LeavelVDevelopAgm) (686 l -O 1) ((~ `(~ 4 ~ l+> 8.1. That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such default within six (6)-months of such notice. 9. 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. 10. DEFAULT: 10.1. 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. ' 10.2. 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 or any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the exhibits, at "Developer's" cost and submit proof of such recording to "Developer" prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" or by any successor or successors in title DEVELOPMENT AGREEMENT, Page 6. FV S/srb/03/ l 3/00(Leavel]/DevelopAgm) (6861-01) or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at la~v or in equity to secure the specific performance of the covenants, agreements, conditions and obligations contained herein. 13.1. In the event of a material breach of this Agreement, the parties agree that "City" and "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 wine with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2. In the event the performance of any covenant to be 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 such of such delay. 14. SURETY OF PERFOF:MANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. 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 development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed and completed by the "Developer" and accepted by the "City" unless the Developer has also posted a letter of credit or cash equal to 110% of the estimated cost of the uncompleted utilities, roads, sidewalks and other public infrastructure improvements for the future phases of the development as outlined in the addendum. DEVELOPMENT AGREEMENT, Page 7. FV S/srb/03/ 13/00(LeavelUDevelopAgm) (686 I -O l ) 16. 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. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered of three (3) days after deposit in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: do City Engineer City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 With copy to: City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 DEVELOPER: William D. and Lucile M. Leavell 2720 South Ariel Meridian, Idaho 83642 17.1. A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations DEVELOPMENT AGREEMENT, Page 8. FV S/srb/03/I 3/00(LeavelUDevelopAgm)(6861-01) hereunder shall constitute a beach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property" or portions thereof, except that ariy sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "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. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "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 their assigns, and pursuant, with respect to the "City", to a duly adopted ordinance or resolution of "City". 22.1. No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian DEVELOPMENT AGREEMENT, Page 9. FVS/srbl031I 3/00(LeavelVDevelopAgm)(6861-01) Zoning Ordinance in connection with the re-zone of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENT: IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. DEVELOPER: ATTEST: William G. Berg, City Cler By Resolution No.: ~~ ,~~' William D. Leavell ,,'~ - ~r ~''U`C'i'' ile M. Leave CITY OF MERIDIAN B Y Rob D. Corrie, Mayor `1,\\\ttr tl Ftllllfllr ~~ p~~i ~- w ~ ~d ~~;~~ ~ ~.~ '~ `~ `1 y ~c'~ ~ ~~ `~, mot` ,, ~_ jc.~ `~~t~~,, l~~lelt+i€i4iiElEti~,~ DEVELOPMENT AGREEMENT, Page 10. FV S/srb/03! 13100(Leavelf/DevelopAgm) (b861-O 1) STATE OF IDAHO ) County of Ada ) ss. On this 1 f Q day'of ,.2000, before me, the undersigned, a notary public in and for said state, personally appeared WILLIAM D. LEAVELL and LUCILE M. LEAVELL, husband and wife, known or represented to me to be the persons whose names are subscribed to the above and foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~t1IA R,~~ •,. G •• ZtOT,~~~ ~~': .* '. ~~~ • v- AUBLtC ~: ~- ~' •.....••'~ O .•`~ •. . 7TH OF ID ~'~••~ STATE OF IDAHO ~`'''~~••~~~~•''~~ ss. County of Ada ) Nota~b Public for ISYaho Residing at: ~'~`1.~ My Commission Expires: I ~~ ~ ij~to On this /~ day of ~ Gs~-C. , 2000, before me, the undersigned, a notary public in and for said stat , personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, known or represented to me to be the Mayor and City Clerk, respectively, and the persons whose names are subscribed to the above and foregoing instrument and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,•~~ G4 s~ ~~~ OT ~ cQ ~ Nota ublic for-Idaho ~ ~ ~ ~ '~° Residing at: ~~~ _ '. ~ AVB LIC : '• My Commission Expires: ~~/p~G~ ~- .' ~.` •.~•.y~~ OFT P~0 •,~~. DEVELOPMENT AGREEMENT, Page 11. FV S,~srb/03/ 13/00(Leavel UDevelopAgm) (6861-0 I ) EXHIBIT A LEGAL DESCRIPTION OF PROPERTY DEVELOPMENT AGREEMENT, Page 12. FVS/srb/03/I 3/00(LeavelUDevelopAgm)(6861-01) ~-~- a EXHIBIT A ~reekside ~xpor Phase ~2 t~evised i,egal description Fir .~~ne ~har~~e A Parcel of Iand as described in Warranty Deed Instrument Na. 922772 and shown an Re~oz'd of Survey No. X621 situated in the NE1/~ of the N~V 1/4 of Section 7, T.Q.N., R.i.E., Boise IvZeridiau, Ada County, ldaho and described as follaw`s: Conznaencing at a Eras Cap 1~lanument inaricing the Noz~th lf4 career of said Sectiaza 7, thence along the East Tine of the I~l W 1/4 of said Section S40°34'39"'W (S00°00'00"Vt~ a distance of G73.74 feet to a 5/$" rebar and the POINT OF BEGINNING: Thence continuing alan~ said East lizze SOt)°34'3.9"'SXr a distance af''18.76 feet to a 5I ~" rebar; Thence leaving said East Iine S38°43'?0"Vtr a distance of 13236 feet to a point; Thence I~I89°29' I O"W (S 89°56'20"~ a distance of ~ 10.80 {~ 10.67} feet to a paint; Thence N00°33' 16"E a distance of 3 ~ 1.65 feet tr a paint; Thence N88°49'42"E a distance of 239.97 feel, to a 1/2" rebar; Thence N00°36' 17"E a distance of 790.03 feet to a point fram which a 5/8" rebar an the southerly right-af--way ai Fairview A.vezzue hears 1'00°36' I'7"E a distance of 4.06 feet; Thence N6i °04'OT'~ a dxstazzce of 75.66 feet to a point an the centezline of Five mile Cz'ee~: and the southerly right-of-way oi`Fairview avenue; Thence along the centerline of said Five-1Vlile Creels the following courses. Thence S00°44'34"E' a distance of 305.75 feet to a paint; Thence along the arc of a curve to the Ieft havizzg a radius of 30.00 feet, a cezltral male of 61 °32'59", an arc Icns~th of 32.23 feet, and a lozzg chord hearing S~ 1 °32'36"E a distance of 30.70 feet to a point; Thence 562°20'4"E a distance of 3:2.40 feet to a paint; Thence along the arc of a curve to the right havizzg a radius of 60.00 r`cet, a central angle of 17°52'43°', an arc length of 18.72 feet, asad a Iong chord bearing S53a25'31"E a distance of 18.65 feet to a paint an said East Iine of the N'tX%I/4: Thence Ieaviz~g said centerline and aivng the said East line 500°34'39"W a distance of T25.3I f~:t to the P~ITvT QF BEGINNING. Said t~arcei contains 7.55 acres xzzoxe or. less and is subiect tc~ all eVssting e~~eznezzts and rights-of-way of record or implied. C;99603~1sr4~.bUct49 ~~ v EXHIBIT B FINDINGS OF FACT, CONCLUSIONS OF LAW / CONDITIONS OF APPROVAL DEVELOPMENT AGREEMENT, Page 13. FV S/srb/03/ 13/00(LeavelVDevelopAgm) (6861-01) • r BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 7.265 ACRES FOR PROPOSED CREEI~SIDE ARBOUR PHASE II SUBDIVISION WILLIAM AND LUCILE LEAVELL, Applicant. Case No: RZ-99-005 R~~~~~ MAR 1 5 2000 CITY OF ~iE~I~L~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 7.265 acres having come on for public hearing on September 7, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer, and Larry I~nopp, architect for the Applicant, appeared and testified, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI<SIDE ARBOUR PHASE II - I • FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning `vas published for two (2) consecutive weeps prior to said public hearing scheduled for September 7, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred. (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one ~veelc before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 7, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof; and the Comprehensive Plan of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI<SIDE ARBOUR PHASE II - 2 E. City of Meridian adopted December 21, 1993, Ordinance No. 629 -January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 7.265 acres in size and is generally located at the end of 5th Street north of Creekside Arbour Phase I, south of Fairvietiv Avenue, in Meridian. 5. The owner of record of the subject property is William D. and Lucile M. Leavell, of 2720 S. Ariel, Meridian, Idaho. 6. The Applicant is the owner of record. 7. The property is presently zoned as Medium Density Residential (R-8), and is currently vacant. 8. The Applicant requests the property be rezoned to Medium High Density Residential (R-15). 9. The proposed site is located south of Fairview Avenue north of, Creekside Arbour Phase I. The proposed site is surrounded to the east by vacant properties, to the south by Creekside Arbour Phase I, to the west by Elm Grove Trailer Park and across Fairview Avenue to the north is Jackson's Texaco. 10. The subject property is within city limits of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 3 • following manner: Construction and development of Eour multi-family dwellings, a total of sixteen fourplexes with a swimming pool, clubhouse, ten garages and 42 storage sheds. 13. The Applicant's requested rezoning of the subject real property as Medium High Density Residential R-15 is consistent with the designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 14. This project is consistent with the following policies and goals of the Meridian Comprehensive Plan: 14.1 To provide housing opportunities for all economic groups within the community. 14.2 To establish compatible and efficient use of land through the useof innovative and functional site design. 14.3 To encourage a balance of land use patterns to ensure that revenues pay for services. 14.4 Approve quality housing projects that meet the needs of all economic levels. 14.5 Encourage efforts to develop and maintain quality neighborhoods and housing... 14.6 Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 14.7 Encourage compatible infill development which will improve existing neighborhoods. 14.8 The development of housing for all income groups close to employment and shopping centers should be encouraged. 14.9 The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. 14.10 Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 14.11 High-density development, where possible, should be located near open space corridors or other permanent major open space and .park facilities, and near major access thoroughfares. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 4 15. Five Mile Creelc is the only significant or scenic feature of major importance that affect the consideration of this application. 16. In review of the application for rezone it is provided at Section 11-2-416I~ of the Municipal Code that the Commission and Council review particular facts and circumstances of this proposed zoning amendment and finds subject to the conditions herein Finding 16.11, imposed that: 16.1 The area included in the zoning amendment is not intended to be rezoned in the future; 16.2 The application intends to construct and develop four multi-family dwellings, a total of sixteen fourplexes with a swimming pool, clubhouse, ten garages and 42 storage sheds in accordance with the revised site plan, dated 9-7- 99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. A1, Creelcside Arbour Apartments Phase Two, Meridian, Idaho, LARRY I<NOPP, ARCHITECT; 16.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 16.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses; 16.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 16.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEL<SIDE ARBOUR PHASE II - 5 • 16.7 The proposed use will not involve a use, activity, process, material, equipment and condition of operation that ~~~ill be detrimental to any persons, property or the general welfare by reason of e:ccessive production of traffic, noise, smoke, fumes, glare or odors; 16.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 16.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 16.10 The proposed zoning amendment is in the best interest of the City of Meridian. I6. I 1 The following are reasonable conditions of rezone, which shall be the subject of the terms of a development agreement as a condition of rezone and which conditions are as follows: 16.11.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 16.11.2 Run-off is not to create a mosquito breeding problem. 16.11.3 Stormwater shall be pretreated through a grassy s~vale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 16.1 I.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storrn~vater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI<SIDE ARBOUR PHASE II - 6 f k • 16.11.5 All municipal surface drainage shall be retained on site. 16.11.6 Dedicate 60-feet of right-of-tivay from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to e~cisting right-of-~vay from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground; in accordance with Section 15 of ACHD Ordinance # 188. 16.11.7 Provide a paved pedestrian pathway in the alignment of Badley Street e,ctended from its current terminus to the west property line. 16.11.8 Provide a public roadway from Fairview Avenue to a point between 300 and 460-feet south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37-foot Street section plus 12- feet of additional pavement with curb, gutter, and sidewalk on the east side of the road within 42-feet of right-of-~vay. Provide a paved temporary turnaround with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 16.11.9 Construct a S-foot wide detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located t~vo feet within the ne~v right-of-~vay of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 7 ~..J 16.11.10 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 16.11.11 Other than the public. road specifically approved with this application, direct lot or parcel access to Fairview Avenue is ~ prohibited. 16.11.12 That a development agreement be entered into. including these conditions of re-zone. 16.11.13 That the subject property shall be developed in accordance with the revised site plan, dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. Al, Creelcside Arbour Apartments Phase Two, Meridian, Idaho, LARRY I<NOPP, ARCHITECT. 17. The legal description of the property that is the subject of this application for re-zone is as follows: A parcel of land as described in Warranty Deed Instrument No. _ 9227732 and shown on Record of Survey No. 4621 situated in the NE 1/4 of the NW 1/4 of Section 7, T.3N., R.lE., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a Brass Cap Monument marking the North I/4 corner of said Section 7, thence along the East line of the NW 1/4 of said Section S 00°34'39." W (S 00°00'00" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00°34'39" W a distance of 218.76 feet to a 518" rebar; Thence leaving said East line S 38°43'20" W a distance of 192.36 feet to a point; Thence N 89°29'10" W (S 89°56'20" W) a distance of 510.80 (510.67) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 8 feet to a point; Thence N 00°33' 16" E a distance of 351.65 feet to a point; Thence N 88°49'42" E a distance of 239.87 feet to a I/~" rebar; Thence N 00°36' 17" E a distance of 590.03 feet to a point from which a 5/8" rebar on the southerly right-of-~vay of Fairview Avenue bears N 00°36'17" E a distance of 34.06 feet; Thence N 61°04'07" E a distance of 73.66 feet to a point on the centerline of Five Mile Creelc and the southerly right-of-~vay of Fairview Avenue; Thence along the centerline of said Five-Mile Creelc the following courses; Thence S 00°44'24" E a distance of 305.75 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet, a central angle of 61°32'59", an arc length of 32.23 feet, and a long chord bearing S 31°32'36" E a distance of 30.70 feet to a point; Thence S 62°20'48" E a distance of 322.40 feet to a point; Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 17°52'43", an arc length of 18.72 feet, and a long chord bearing S 53°25'31" E a distance of 18.65 feet to a point on said East line of the NW 1/4; Thence leaving said centerline and along the said East line S 00°34'39" W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and is subject to all existing easements and rights-of-way of record or implied. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 9 ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found. to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: COMPREHENSIVE PLAN POLICIES: The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project. Goals Section Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for services. The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. Economic Development Chapter FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 10 M 3.1 U -Approve quality housing projects that meet the needs of all economic levels. 3.2U -Encourage efforts to develop and maintain quality neighborhoods and housing.. . Land Use Chapter Goal: All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.5U -Encourage compatible infill development which will improve existing neighborhoods. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial 5.18U Existing residential properties will be protected from incompatible land-use development in this area. Screening and buffers will be incorporated into all development requests in this area. Natural Resources and Hazardous Areas Chapter 1.1 U Identify and protect areas with special characteristics such as stream corridors, canals, and wetlands. Control and preserve the natural beauty of Ten Mile Creelc, South Slough, and Five Mile Creelc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEICSIDE ARBOUR PHASE II - I I i 2.1 U Development along major drainage ways wily be restricted to ensure that development does not cause additional ground or surface water contamination. Natural Waterways Goal Statement The community will protect natural waterway corridors from degradation and manage them as a valuable resource. 3.1 U Manage and prevent unsuitable uses along drainage~vays and protect the flood plain of creeks and drains. 4.1 U Developments contiguous to natural waterways, irrigation canals, laterals and drainage ditches must consider all available information concerning floodplain waterways. Transportation Chapter Local Streets: Serve primarily to provide direct access to abutting residential units and should be for local traffic movement. They are generally t~vo lanes with parking with aright-of--way width of about 50 feet. Service to through-traffic is discouraged. The remaining transportation corridors of the Meridian Urban Service Planning Area are recommended for local street status. Housing Chapter 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.9 The efficient use of land for public facilities, transportation systems, utilities, and the economic arrangement of buildings should be promoted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 12 r A 1.12 Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon e.~cisting adjacent development. Owners or remnant residential parcels or partially-developed residential parcels should be encouraged to consolidate these properties where possible to prevent the proliferation~of small parcels of vacant land within the city limits. 1.19 High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Community Design Chapter 1.8 The appearance of natural creeks (Five Mile, Nine Mile, Ten Mile and South Slough) throughout commercial activity centers, industrial review areas, residential areas and Old Town should be improved and harmonized with adjoining land uses in order to protect water quality of the streams for beneficial uses, as well as to enhance their environmental amenities. 2.2U Encourage area beautification through uniform sign design that enhances the community. 4. The requested zoning of Medium High Density Residential District, (R-15) is defined in the Zoning Ordinance at 11-2-408B(5) as follows: (R-15) Medium High Density Residential District: The purpose FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI<SIDE ARBOUR PHASE II - 13 of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not e:cceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 5. Section 11-2-409 of the Municipal Code, ZONING SCHEDULE OF USE CONTROL, A, Residential, lists residential uses allowed in the various zoning districts of the City which provide that multi-family dwelling uses are permitted uses in the (R-15) Medium High Density Residential District zone. 6. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 7. Idaho Code § 67-651 lA provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI~SIDE ARBOUR PHASE II - 14 t~ ~~ commitments. 8. The City of Meridian by the adoption of § 11-2-416L has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 9. § 11-2-407 A ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with'respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 9.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of--way lines;, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 9.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 9.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such_ district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 9.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 10. § 11-2-416 IC of the Municipal Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - IS The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 10.1 The new zoning will be harmonious `vith and in accordance with the Comprehensive Plan. 10.2 The area is not intended to be rezoned in the future. 10.3 The area is intended to be developed in the fashion that is allowed under the ne~v zoning. 10.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 10.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 10.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 10.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 10.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 10.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 16 10.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 10.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 10.12 The proposed zoning amendment is in the best interest of the City of Meridian. 11. § 11-2-417 A and C of the Municipal Code provides in part as follows: 2-417 A Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. 2-417 C No property shall be annexed and zoned if it is not within the Meridian Urban Service Planning Area as set forth in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 17 Comprehensive Plan. An application for annexation and zoning of land not within the Meridian Urban Service Planning Area may be submitted to the City if it is accompanied by an application to amend the Meridian Comprehensive Plan to change the Meridian urban Service Planning Area to have the land for which annexation has been applied for included in the Meridian Urban Service Planning Area. The application to amend the Comprehensive Plan and Meridian Urban Service Planning Area must be processed and granted either simultaneously or prior to the annexation application. If the application to amend the Comprehensive Plan and the Urban Service Planning Area is not granted, the annexation application shall not be granted. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real Property included in the application to (R-15) Medium High Density Residential District. 2. The Meridian City Council hereby approves the rezoning as requested by the Applicant for the property described in the application subject to the following conditions which shall be set out in a Development Agreement which shall be entered into by the owner as a condition of the granting of the ordinances referenced in part of this Order: 2.1 The application intends to construct and develop four multi- family dwellings, a total of sixteen fourplexes with a swimming pool, clubhouse, ten garages and 42 storage sheds in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI~SIDE ARBOUR PHASE II - 18 with the revised site plan, dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. A1, Creelcside Arbour Apartments Phase Two, Meridian, Idaho, LARRY I<NOPP, ARCHITECT. 2.2 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health ~ Welfare, Division of Environmental Quality. 2.3 Run-off is not to create a mosquito breeding problem. 2.4 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.5 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.6 All municipal surface drainage shall be retained on site. 2.7 Dedicate 60-feet of right-of-~vay from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance bf a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2.8 Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. 2.9 Provide a public roadway from Fairview Avenue to a point between 300 and 460-feet south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37-foot Street section plus 12-feet of additional pavement with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI~SIDE ARBOUR PHASE II - 19 • curb, gutter, and sidewalk on the east side of the road `vithin =12- feet of right-of-way. Provide a paved temporary turnaround tivith an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 2.10 Constrict a 5-foot wide detached sidewalk on Fairvietiv Avenue abutting the site. The sidewalk shall be located two feet within the new right-of-way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. 2.11 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.12 Other than the public road specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person ~vho has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on ~ f s% ~C~ c~ , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI<SIDE ARBOUR PHASE II - 20 EXHIBIT C MAP OF PROPERTY DEVELOPMENT AGREEMENT, Page 14. FVS/srb/03/I3/00(LeavelVDevelopAgm)(6861-01) .. ., x= r- ~--~ a? i c~; o~ Au f f _ ~., ~ • COUNCILMAN KEITH BIRD VOTED ` ~~ COUNCILPERSON TAMMY deWEERD VOTED_ ~~'~t`- COUNCILPERSON CHERIE Mc LANDLESS VOTED w MAYOR ROBERT CORRIE (TIE BREAKER) VOTED DATED: 3- Z~-Do MOTION: APPROVED. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. By: ` rty Cleric Dated: ~~ 2l'w msg/Z:\Work\M\Meridian 15360M\Creelcside Arbor\FfsClsOrderREZONE ``,l`,~1I1t1 tl:l!!!!~~l, ~V w ~ \~ ~ r w '~~ ~~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.265 ACRES CREEI<SIDE ARBOUR PHASE II - 21 ~~`~'~"' ~~~ q~~~~'- 5~~~ LfCENSE AGREEMENT ~~uz,6~aCe~ NMi~ -~,~.~`- -I.ICI~:NSf AGRI~:EMfNT, made and entered into-this ~~ day of _. 2000. h~' and ~in~~~n~~ NAMPA & ME~:RIDIAN IRRIGA~hION DISTRIC~~~. an irri~!ation disU~icl ~ ~~~anized ~tnd ~.~isting under and h~ ~-irtue oi~the la~~s ofthc State of Idaho. party of the first part. hrrcinai~ter referred to as the "Ui~tri~t". and CRE:EKSIDE ARBOUR II. LLC. an Idaho limited liability company. 2720 South Ariel Lane. Meridian. Idaho K ~6 l2 . ~7:?r~.~ ~7r part+es of the ,econd part. hereinafter collectively relerred so as thr "Licensee". W'1~I~N~ESSE~I~H: WHEREAS, Licensee +s the owner of real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and bya this reference made a part hereof: and; W!-If~:REAS. the District o~-vns the irri~~ation ditch ur canal known as f~IVL M1Lb DRAIN (hereinatt~r rcl~rred to as "ditch or canal"). an integral part of the District's irrigation works and svsiem. together ~~~ith the t~ascment therefor to convey irrigation water, operate, clean. maintain. and repair the ditch or canal. and access ~hc stitch or canal for those purposes: and. Wf-ILREAS. said ditch or canal and easement crosses and intersects ~.ICensce-~. real property as sho~~n ~~n L~hihit E3 attached hcreu~ and by this reference made a part hereof: and. WHt_:Rf_:AS, the licensee desires a license to en~~a~~c in consu~uction ~>r actiyit~ affcetim~ saiif ditch or canal or_the Di;n-ict's casement in its course across the lands of the ~.ICenscc in the manner and under the ~crn~ and cz~ndirions hereinafter set forth: and. WHE:REAS_ it is necessary that the District protect absolutely its ri~~ht to control an_~ modification or alicriuot~ of its ~~atercourses and its right of way along its watercourses: ivOW. ~hHk:Rk~.FORE, for and in consideration of the premises and of the covenants. agreements and Bondi(ions hereinafter ut fortll_ the parties a~~ree as fi~llo~~s:~ I. The Licensee shall have: the right to modify the said ditch or canal or encroach upon the' I )isirict's easement alone said ditcli or canal in the manner generally described in the "Purpose of License" attachcdhereto as L:xhibit C and by this reference made a part hcrc~~f: :~n~ nu~dilicat+on ofsaic{ ditch or canal h~ the ~.ICensee ur cncroachnient upon the District's easement alone said ditch or canal shah be pcri~~iincd an~i maintained in accordance ~~ith Chc "Special ~'onditions" stated in l~..yhih'i~ D_ <utached hcrciu and b~ ibis r~~l~~:rcnce nruic a part hereof. ?. phis agreement pertains only to the Licensee's mudil]cation of said ditch or canal ~>r cneroachii~ent to the Dish~ict's easement for the purposes and in the inanncr described herein. The I.ICell~ec' ;hell not chan~~e the location bf the ditch or canal. burn the ditch or canal in pipe. or othen~ isealter the ditch ur can~~l in any manner not described in Phis agreement ~yithout first obtaining the written permission of the Di;u~ict. i. ~ E:aeh facility ("facility" as used in this a~.!reen~ent means an~~ object or thin~> of nn~ nature installed in or on the District's casement by the Licensee or the Licensee's predecessor in interest) ;hall be constructed, installed. operated, maintained: end repaired at all times by the Licensee at the cost and expense of~the Licensee. ~4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct it, activities within or affecting the District's easement so as not to constitute or cause: a. ~a .hazard to any person or property; b. an interruption,or interference with the Clow of irrigation water in the ditch or canal ~x the delivery of irrigation water by the District c. an increase in seepage or any other increase in the loss o! water from the ditch o~~ canal: d. the subsidence of soil within or adjacent to the casement; e. any other dama~7e to the District's easement and irri~zation ~~~orks. >. The l_iccnsee a~~rees to indemnifi, hold harmless. and defend the DisU~ict-from aU claims t~~r dama~~~s arisin~~ out of an_v ot~the 1_.ieensee's consh~uction or ~~ctivit~~ which constitutes or causes an~~ ~~f th'~ circumstances enumerated in the preceding paragraph. ~4.a. throu~~h ~1.e.. or any other dama~~e to the easement and irri~~ation wrn~ks which may be caused by the consh~uction, inst~~llation. operation. maintenance. repair. and any use or condition ofanv facility. r 6. Licensee agreesthat the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's en~a.ineers_ and that final acceptance of the such work shall not he made until all such work and materials shall have been upressl~ approved by the District. Such approval h~ the District shall i~ot be unreasonably ~~ ithheld. 7. The District reserves the right. at the District's option. to remove any facility installed by' the Licensee and to repair an~° alteration by the Licensee of said ditch or canal and the easement therefor ~yhich does not comp)}~ with the terms of this agreement. and to remove any impediment to the ilo~~ z~f ~yatcr in said ditch or canal and am~~unsale condition or hazard caused h~ the L.iccnsee_ at any time. and the 1.icensec a~zrt~~ i~~ ~~ay to the District. on demand. the costs which shall be reasonably upended by the District for such purposes. If the I_.icensee shall fail in any respect to properly maintain and repair such facility. then the Disu~ict at its option: and ~~ithout impairing or in anywise af~icctin~~ its other ri~~hts ~tnd r~mcdic, hrr~un~lcr_ shall hays the right to pcrl~~rm the necessary maintenance and repair and the Licensee agrees to pad to the Disu~ict. on demand. the cost or expense which shall be reasonably expended or incurred h_y the Disu~ict fir such purposes. -I~hc Disu~ict shalt ~~iye reasonable notice to the I_icens~c prior to the District`; perforn~in;~ such mainten~~u~ce, repair or other work except that in cases of emer~~ency the District shall attempt to ~ziy~e such nonce as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of ttn~~ kind by Licensee or any third party against the District for failure to exercise the options stated in this para~~raph. and Licensee shall indemnify. hold harmless and defend the District from any claims made against LIc I:vSL-; nC;RII M[:NT - Pa~~e ~thr District arising out of or relating to the terms of this paragraph except for claims a`I~ising solely out of the nc~~li<zenccc of the District. K. Neither the terms of this agreement. the permission granted by the District to the l_icensce. the Licensee's activity ~rhich is the subject of this agreement. nor the p<trues exercise of any ri~ahts or perf~~.rmance ofany ohli~~ations of this agreement, shall b~ construed or asserted. to e.~tend the application cif un~ statute, rule. regulation, directive oro[her requirement or the juriuliction of any Icdcral. state'. or other a~~cnc~ or ofticial to the District's ownership, operation. and maintenance o1' its ditches. canals. drains. irri<~ation works and facilitieswhichthd not apply to the District's operations and activities prior to and ~yithout execution of this a~~reement. In the event the District is required to comply ~~ ith any such requirements or is ,object to the jurisdiction of any such agency as a result of execution of this a~~reement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated ~`ith the application of such laws or the assertion of such .jurisdiction or, at the option of the District, this agreementshafl be of no force and effect and the Licensee shall cease all activity and rcm~,ve any fiAcility authorized b}~ this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indcnu~iiw_ hold harmless and defend the District from any injury. danutges. claim. lien. coat and/or expense (includin~~ ~~easonable attorney's lees) incurred hv. or ass~rtcd a~~ainst_ the District b~ r~~t;on ol~lhc nezli~~rnt aCt~ or oniissii>ns of~ Licensee or its agent;, contractors ur subcontractors in perf~~rming the construction and activities authorized by this a~~reement. f U. ~fhe Licensee a~: rees that the District shall not be liable t~~r any damages which shall occurti> any Cacility. sn~ucture, plant. or any other improvement of any kind or nature whatsoever ~~hich the L.icenscc >hall install on the said easement area of the District in dte reasonable exercise oi~the ri~~hts of~the DisU~ict in the course o1 pcrfornrutcc of maintenance or repair of said ditch or canal. The I_iccnscc further a~~ree to ,uspend its use of the said easement area when the use of the easement area is required by the [~isU~ict for maintenance or repair under this or any other paragraph of this agreement. I I. Licensee shall place no structures or landscaping of any kind above within the District's casement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. I?. Should either party incur costs or attorney fees in connection ~~~ith ettorts to enforce the prop isions of this agreement. ~-vhether by institution of suit or not. the party rightfully enforcing or rightfully rc~itin~~ enforcement ol~th~ provisions of this agreement. or the pre~~~iiling party in case suit is instituted. shell he crrtitled to reintbursenicnt for its costs and reasonable attorney ices from th"~ other park. 4 3. The parties hereto understand and agree that-the District has no right in any respect to impair (hc uses and purposes ol~the irri~~ation works and system of the f)ist'rict b~~ this a~~ri:~nt~nt nor tc~ <arant any ri<~hls in its irri~~ation worla and system incompatible with the uses (o ~~~hich such irri~~ati<tn ~~urks and ~stcm arc devoted and dedicated and that this contract shall be at all times consu~ued accordin~~ to :uch principl~;_ l =~. Nothin~~ herein contained shall he construed to impair the right of way of the District in the ;aid ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor ;hall remain interior and subservient to the rights of the District to the use of said ditch or canal f~~r the LIC'(=:NSE AGREEMFN~I -Page 3 u~ansmission and delivery of irri<~ation water. I ~. In the event oti the failure. refusal or neglect oi~the I_icen>ee to comply ~~ ith all o1~the terin~ ~uuf conditions ul~this a~zrcement. the license of the Licensee under the terms hereof may be terminated b~ the Di~u~ict_ and any t~~cility. su~ucture_ plant. or any other improvement in or over said ditch or canal. and the right ol~~~ay therefor. ~~yhich may impede or resU~ict the maintenance and operation of such ditch or canal b~ the Disn~ict with its equipment 1~or the maintenance of~ its said ditch or canal may be renewed h~ the [)isu~ict. 16. The Licensee agrees to pay attorney tees or engineering fees charged by the attorney for the District or b~~ the engineers for the District in connection with the preparation of this License A~~reement or in connection with negotiations covering the terms and conditions of this License Agreement. 17: Nothing in •this agreement shall create or support a claim of estoppel. waiver, prescription or ad~crse possession by the Licensee or any third party against District. f8. ~[llis a~~reement is not intended for the benefit of an~~ third part~~ and is not cnli~rceable b~~ any third party. I~). li~an~ provision of this agreement is determined b~ a court of~compctent ~~uri,dictfon to he ins alid or othcr~~~ise unenl~arceable. all remainin~~ provisions oCthi, a~~reen~ent shall remain in frill ~~~rrr ~~nd cifcc[. ?0. The word "Licensee''. if used in the neuter in this agreement. includes the masculine and ~Cminlne ~~endcrs. the 5in~,ular number includes the plural and the plural~numher includes ~h~ sin~~ular. l~he covenants. conditions and agreements herein contained shall constitute covenants to run ~~ ith. and runnin~~ ~~~ith. all of the lands of the Licensee described in,said Exhibit A. and shall be bindin~~ on each of the parties hereto and on all parties and al( persons claiming under them or either of them. and the advanta~~es hercof~shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA <X MERIDIAN fRR1GA~TlON D1S~TRICT By ~~~ ~~Isfresid~ t ,;:. .~ ;~ r ~_ ~ .f It, ~eCll'tal'v - I.IC~I~:NSE AGREEMENI~ - Pa~~e ~ CREEKSIUE ARBOUR II. LLC. an Idaho limited liability company G Bv: ~ ~ J _ /7 C'~ ~ ~/~ /. /~ ~ ~; Ofd ~~~~~~~ Ss. County of Cannon On this ~~- day of _~~~_, ?000, before me, the undersigned, a Notaiv Public in and 1~>r said State. personally appeared Ralph B. Wissel and Daren R. Coon, known t~ me to be the President and Sccretar~. respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that e.~ccuted the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN W"I~INESS WHEREOF', I have hereunto set my hand and affixed my official seal: the day and ~~ru in this eertiticatc first above written. ~.•'•~1 ANN RP~ei, _ ~_ y~DD~-~- _ ~'~-OOl~1N,~ N .~•~v0 1Q~.~ Notary Public for Idaho ;' ~~t~r ~: Residing at~a~du~ldaho ~ HOj~ * ~~ # ~ My Commission Lxpires: 1 D~J L~wo ~ ~ ~ ~ ~ G sr;~1~E= <~~E~ u~nHO ~, s weL1G ~ ~~ ~~ ~~tC ~~~uint~. of ~ ) ~''~T~ OF 1~~•.•` q,~~~.u..a••' On this day of J(,Lh~ . 2000,~~efore me, the undersigned. a notai~~ public in anal for said state, personally appeared,(,~~/%~ ~(~__(.l~~~noti n to me to- be the ~/~Grp2rS of CIZI_:1~.KSIDE ARBOUR II_LLC, the entity that executed theforegoin« instrument, and acknowl~'Q~~ed to me thin such entity executed the same. IN WITNESS WHEREO>;, I have hereunto set my hand and affixed my official seal. the day and year in this certificate first above written. ~' _ `7~ ofary Public for ~, Q~tQ-= --- Residin~ at My Commission Expi es~.__~2$'~D ti ~O' ~~ I.1C1=~:NSE: AGREEMF_.NT -Page ~ ,r ~~ SCRI PT I ON A PARCEL OF LAND A8 DEBGRIBED fN WARRANTY DEED INSTRUI"IETJT NO. 9221'132 AND SITUATED IT` THE NE 1/4 OF THE NW 1/4 OF SECTION 1, T3N., RI.E., BOISE MERIDIAN, ADA COUNTY, IDAHO AND DESCRIBED AS FOLLOWS GOMMENGINCs AT A BRASS GAP MONUMENT 1'1ARKING THE NORTH 1/4 CORNER OF SAID SECTION 1, THENCE ALONG THE EAST LINE OF THE NUJ I/4 OF SAID BEGTION S 00'34`39" W (800'0Cd'00"W) A D18TANGE OF 613.14 FEET TO A 5/8" REBAR AND 7HE POINT OF BEGINNING THENCE CONTINUING ALONCs SAID EAST LINE 500'34'39" W, A DISTANCE OF 218.16 FEET TO A 518 REBAR, THENCE LEAVING SAID EAST LINES 38'43'20" W, A DISTANCE OF 19236 FEET TO A POINT, THENCE N 89'29'10"-W, (889'56'20" lU) A DISTANCE 01= 510.80 15i0b1) FEET TO A POINT, TF-4ENCE N 00'33'16" E, A DISTANCE OF 351b5 FEET TO A POINT, THENCE N 88'49'42" E, A DISTANCE OF 239.91 FEET TO A I/1" REBAR, THENCE N 00'36'11" E, A DISTANCE OF 624.09 FEET TO A 5/8" REBAR ON THE SOUHTERLY RICsHT-OF-WAY OF FAIRVIEW AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N 88'35'36" E, A DISTANCE OF 64.13 FEET , TO A POINT ON THE CENTERLINE OF FIVE-MILE CREEK, THENCE LEAVINCs SAfD RIGsHT-OF-WAY AND ALONCs THE CENTERLINE OF SAID FI~/E-MILE CREEK THE FOLLOWING COURSES, THENCE S 00'44'24" E, A DISTANCE OF 305.15 FEET TD A; POINT, THENCE ALONG THE ARG OF A CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 61'32'59", AN ARG LENGTH OF 3223 FEET, AND A LONCs CHORD BEARINCs S 31'32'36" E, A DISTANCE OF 30.10 FEET TO A POINT, THENCE S 62'20'48" E, A DISTANCE OF 322.40 FEET TO A POINT, THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET, A GENTR.4L ANGLE OF 1-1'52'43", AN ARG LENGTH OF 18.12 FEET, AND A LONG CHORD BEARING S 53'25 31 E, A DISTANCE OF 18b5 FEET TO A POINT ON SAID EAST LINE OF THE NW 1/4, THENCE LEAVING SAID CENTERLINE AND ALONG THE SAID EAST LINES 00'34'39" W, A DISTANCE OF 12531 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 158 ACRES MORE OR LESS AND IS SUBJECT TO ALL EXISTING EASEMENT AND RfGHT-OF-WAY OF RECORD OR IMPLIED. 350' PUBLIC STREET FIVE MILE GREEK j-' j, Exhibit A Exhibit B EXHIBIT C Purpose ofLicense I~he purpose of this License Agreement is to permit Licensee to: I . discharge storm ~1~ater at pre-development rates into the five Mile grain: ?. cunsh•uct and install landscaping within the Dish ict~s easci7~cnt for the Fi~~c Mile Drain: 3. construct and"install a retaining wall within the DisU~ict~s easement for the Five Mile Drain: ~. construct and encroach tive feet with three buildings ~~ ithin the Districts easement for the. five Mile Drain: >. consh~uct-and install a 6 foot w~irc 1~abric 1~ence within the Disu~ict~s easement: 6. ~~pprovc an existing sewer line within the District's easemeiiL and 7. construct and install a public street and side~~~alk within the District's easement for the Firc- Mile Drain. all ~~ithin or near Creekside Arbour Apartments, Phase If, located southwest of the intersection of Locust Grove Road and Fairview Avenue in Meridian. Ada Counri~. Idaho. EXHIBfT D Special Conditions ~i. Construction shall be in accordance ~a~ith certain plan; ccrosistin,~ of fourtecu sheets. sheet C I cntitlc<I "Civil Sitc Plan for Creek Side Arbour Phase II," b~arin~~ cn~~inccr~s ~taiup dal~d Jung `'. X000; sh«t C~~cnti~led "Draina~~e and Grading Plan for Creek Side Arbour Phase II.'~ bearin~~ en~~ineer~s st~~m~~ dated June ~. X000; sheet C> entitled "Drainage and Grading Plan for Creek Side Arbour Phase II.~~ bearin~~ engineers ;tamp dated June 2. 2000: sheet Cpl entitled "Drainage and Grading Plan for G~eek Side Arbour Phase II.~~ hearing cn~~ineer~s stamp dated June 2, ?000: sheet C~ entitled "C reek Side Arho~u~ Apartments Pha~z II.~~ h~arin~~ en~~ineer~s stamp dated June~2. ?000; sheet C6 entitled "Creek Side Arbour Apartments Phase II.~~ b~~~rin~~ en~~ineer~s stamp dated June 2. 2000: sheet C7 entitled "Creek Side Arbour Apartments Phase Il.~~ hea,~in~~, en~~ineer's stamp dated June?, 2000; sheet C8 entitled 'Sewer Plan and Profile for Creek Side Arbour Phase I[.~~ bearing en~?ineer~s stamp dated June 2, 2000; sheet C9 entitled '`Sewer Plan and Profile for Creek Side .Arbour Phase Il." bearing engineer's stamp dated June ?, 2000: sheet CIO entitled "Sewer Plan and I'rolile for Leek Side Arbour Phase fI," bearing engineers stamp dated June 2. 2000. sheet Cl I entitled ~~Crcek Side Arbour Apartments Phase Il,'' bearing engineer's stamp dated June 2. 2000: sheet C 12 entitled ~Crcck Side Arbour Apartments Phase II." bearing engineers stamp dated June 2. 2000_ sheet A I entitled ~~C'rcek Side Arbour Apartments Phase II, Site Plan.'' bearin<~ architect's stamp dated June 7. 2000: and sheet I,S I entitled "Creek Side Arbour Apartments Phase ll. Landscape and Sprinkler Plan.' bearing landscape archittct~s stamp dated May ~, 2000. These plans liave been delivered to the Dish~ict's water superintendent. ;uc in his possession in hisoffices. and are hereby incorporated by (his reference. b. There presently exists a difference behveen the District and the United States oi~ ilmerica. apccitically the Bureau of Reclamation thereof. conceri~in~~ ownership. possession. mana~~ement and control of certain drains includin~~ Five Mile Drain. The District requires parties such as licensee here to enter into <i I i~cnse A~~r~ement where a party's activities attest one of the drains in yucsli~~n. I.irensec is advi,ed h~ the Disu~ict to communicate Frith the Bureau o1~Reclamation before si~,nin~~ this license a~~reem~nt for inlormati~~n I,ICI_:NSE AGREEMEN~f -Page 6 ~~>ncerning the Bureau of Reclamation's position and to learn of anv requirements which may he imposed b~ the Bureau of Reclamation in connection with Licensee's activity which is the subject of this a~~reemen~. R~~~ardl~ss ofan~ requirements imposed b_y the Bureau ot~Reclamation, the District requires that this licci~s a~~rccment he signed before Licensee takes an_v action contemplated ~by this agreement or otherwise. which affect; the easemcnl alone Five Mile Drain. c. L+eensee shall notify the water superintendent of the District prior to and immediately after- consu~nction so that he or the District's engineers may inspect and approve construction. d. The Licensee agrees that the District shall not be liable for.anv dama~~es ~~~hich shall occur to any lacilities, includin~~ the tense. retainingwall or landscaping installed b~~ the Licensee in the reasonable c.~ercisc of the ri~~hts of the District in the course of performance of maintenance or repair of the Five Milc Drain. e. Licensee represents that Licensee has complied with all federal. Mate or other la~~s. rules. re~~ulations. directives or other requirements in anv form regardin~z environmental matters. and speciticall~ ih~~se relating to pullution control and water quality. as may be applicable under the subject matter. terms or perlormance ~~f this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements thatnow exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for anv impact upon or degradation of water quality or the environment resulting from the discharge or other activity by licensee which is the subject i~f phis a~~reement. - . f. Licensee hereby indemnifies, holds harmless and shad defend the District from anv and all penalties. sanctions. directives, claims or any action taken or requirement imposed by anv pamr or entity. public or private, with respect to enviromnental matters relating to the subject matter, terms~or performance ~~t~this a~~reement unless the District shall be solely responsible for the condition or activit_~~ which ~~ives rise t~~ anv such penalty, sanction, directive, claim .action or requirement. ~~ In the event the District is required by any ~~overnmental authority to acquire or conipl~~ ~~ith any, pe emit or other operational requirements associated ~~ ith Licensees discharge and other activity which is the subject ofthis a~~recment. Licensee shall indemnifi_. hold harmless and defend the District form all cu,ta and liabilities associated with such permit and other requirements. includin~~ but not liu~it~d tip all c~,t~ as;~~ciated with all permit acquisition, consh~uction, monitorin~~. U~eaU»enL administrativ~_ filing and other requirements. h. fhe parties to this a~~reement recognize; thi, license a~~reement is an ~i~commodation t<~ I.ieensee. The District by this agreement does not assume, create. or exercise le~~al or other authority. zither e.~press or implied. to re~~ulate control, or prohibit the discharge or contribution of pollutants or contaminants to the Districts facilities or to anv groundwater, waters of the State of Idaho or the united States. or anv other destination. Such authority, to the extent that it exists, is possessed and exercised b_v governmental ens ironmental agencies. i. The fence shall he constructed of wire fabric: The following shall apply if the fence erected i~ n~,~~ or in the future in whole or in part constructed of wood or plastic: Because of the location of the fence and she tact that the fence will be constructed wholly or partly of wood or plastic. the District shall not he I.I('I~VS1~: AGRLEMEN~I~ Page 7 r~•,punsible for wccd conU~ol in the area oi`thc fence. Without affecting the loregoing exemption ol~the l.)isvi~t t~r~nn ~~eed control obligations. Licensee hereb~~ indemnities, holds harmless and shall defend the District front any claims for damages to said fence because of weed-burning except ~~here the District intentionally burns the hence or is guilt~~of ~~ross ne~~li~ence in burning the fence. j. Licensee shall not excavate, discharge, place any structures ,nor plant any trees, shrubs or landscaping within the District's easei~ient, nor perform any-construction or activity within the Disu~ict~s casement for the 1=ive Mile Drain except as referred to' in this agreement or exhibits thereto without the prior ~~riucn consent of the District. The District's easement for the Five Mile Drain is 100 feet.~~0 feet to either side ol~the centerline. I:. Construction shall he completed no[ later that one ~~ear from the date of~this agreement. ~I~in~c is ~,t~thc csscncc. ~- I.ICI=:NSE: nC~REFMF:i~~~l~ - Pa~~e K ,. ~ . z , {~ i~~ was ,wa Ya .. zE~' ^o o , r v o r }a l.' +~ { a • J ~ ~ r ~-t--7' ..F rE ti~ ~#'.c.n~r; ~ ! °~f6 ~~,~~ E 1 ~i:. #b y~~ ¢ $ € ; ~ ~ ~ a tq~ ~ ~ 99 ~3 ~ ~ #~L ! 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D ~ ~: "" __ ~ 1 ' w f2 d R; ~ M t ill ~ ~ ~ ~ !~ . 5 @s"¢~, ~ w + t I i H_ IL, } ¢- miv~tf utrrvE~~ ~. f~~ tw'~,~E' ur+iTF•a ` i~,' :"'~ ~ ~ si, i ~ ~:L' ~r ``t _ ~ ~ t 9 ~ ~ _-~ _ , qq ~ !,J \ fYl$TT~f. 4 P'L%~. ,y 4t ~~$~ 3 ~~~ 5D Ih S ~ X!S!i'cC a-v~.f>: ~~=.:~.`1~ ~ ~~:. ~ 3 \; n ~c F xsd F <i ~ ;r' ~. P ~ w ~ ~ I ~ ~ '.~ n 5; 9 f ~, a~@ ~~c f ~3~ ~ 1 s s F -. ~ ." pt ~ v, ' ~ ~~ ~§~ r ~ t _ ~; ~ 1 I ; ~ {;ft~ li CREEKSIDE aR~~urz . ~''~~.~ , ~ _Af~RY !~ ~NOFf ~ j (~ ~~~„~ ~' o { ~i~~ii,~~~IC ,APARTMENTS PHASE TWO ` : ~yr ~~-rreM I'u{+Nex s+.c.A.e.e., ceritrF~a II I ` , ,I 1 1 ~i i~`I .~ ~~}yIf ~{~~~t~~~F, MERIDIAN; IDAHO ~ y'9,fjJ a~tawmeer.omc wm.maoa.r J * ~ 1~'.. ~ ~ L_I y_~ IS $13 ~ tit :~{{ t, -___ _ _- ~ .- %/ ~anu url su-tu~ w txat xs-a~i ~/ \ ;7 ~~ -~.~..\/ tmoli IlaWye aum,n.wl ___.1 % ,i ~ V n (:,, LETTER Or= TRANSMITTAL Newby-Wiggins Construction, Inc. 4465 N. Keldoon Ave. Boise, Id 83702 {208)345-4655 I U: i1lleridian t;ity Planning 8~ Zoning /, LETTER OF TRANSMITTAL DATE 5/10/00 JOB NO. 00-i ATT: Brad Hawkins Clark RE: Creekside Arbour Phase II r. WE ARE SENDING YOU: -Attached -Under Seperate Cover Va the following items. COPIES DATE NO. DESCRIPTION 2 Plans fora artments -Creekside Arbour Phase II 2 Plans for store a and recreation center -Creekside Arbour Phase II THESE ARE TRANSMITTED as checked below: -For approval _ Approved as submitted -Resubmit copies for approve! -For your use Approved as noted -Submit copies for distribufton ,As requested _Retumed for con'ections _Retum corrected prints For review and comment FOR BIDS DUE 19 PRINTS RETURNED AFTER LOAN TO US REMARKS We have already received a Conditional Use Permit approval for this project. We are submitting these for a building permit. Please call with any questions, you may have. 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SAE !' ~~~R 9 ,~ ~~~ ,~ f ' fl~~t ~~ ~ ~ !t ~ ~ ~, ~ ~ ~ ~~ ~ ~ { t ~~ #ab~ ~~(Fe; tj 9xig ~ ~~~ i 3gqi , ;N ~ ' ~+ 'Ae ~ ~ ~,i ~ j ~ ~ ~ ~ p~ ~~, ~( q ;~ ~~~~ b~4 P ~pF f9 y~ ~ i+~ ~~ ~ ! ` / ~ 3 i fa ~ep .n ~ i ~ ` ~f 7_ x ~ d ~., 1 ~ff adRS ~g' $ ¢~~ ! ~ ~ i~g ~,~ ~~A~~~ ~~ \un~yX y_ ~ ~ a f y~ Y 9 s ~ ` t ~$ d ~' c z~$ t2 ,. al . tai ~~ ~ ~~ ~ , . ~`~;;. ~ ~ i F , ~~~ ~ .. _ E E ~ z~ ~ ° '' ~ ~ v a b $~~a ~a ~ ~ gad a~ ~` ~~ ~ `~~f ,.z \ \ SYsS #i p. i~ ~ ~8a ~~ ,gip I r -' •r ( A l~fY~Y" b ~ ~z ldd~4 ~ e~ _ ~ t ~~ ~, y"' v~ , ~9 3 ~ q ~ r ~ / ~ ~ ~ , r'a ~~ z~ yy , -~ ,.. _ , i °. a ~, any, ~ ~ ~~ w~ ~ ~ ~ L ~ .. W ~~ > a , !`,; ~ ~~ ~ . ~~r ~ ,. rya E~ +y ~, _ ~~ ~ ; x~ I ., • i _" ~, } ~ - PRIVATE aRiV[ ~ , /~ lxlll '$' uNit q f~ • ~~ 1 , , i , l i .. f ~ ~ ~ , ~-/ _ _.._ a g$3c Vmrn h--- ~ ~ 1 ~ ~ llY~a. s~ b p~~ ~3'. )r~ - ~ ~ . x`s rf'[G ~-P•.Ei, Fc\S;(W. ~ P..Cx ~ ,y N ~a 4 ~r~ `S r ' 4AEp T i _ e3~ .. ( l B ApEJ 8 ~ ~ ' fi~t{t ~ $1( j^. ~~ ~~ ~$Q i ~ E g is dpi f .~ ' l^ '+{ ~~ i ;1~1;1tj 11. CF2EEKSIDE ARBOUR , , ~ ~A~. -i ~ _A~RY !~ KNOPS~ I ~~ i flit f III ~~ f ~~~,,,°~° , ARCHITER PUt7NER N.C.A. R.B., Ccrtihed J (~ ~,~~ ~ ~ 1 ~i~la,i1 APARTriENTS PHASE Two [ ~~, + __.._...._..•;.,_ .. ~ H_ ~1 1" ~ ~~s:~~l{'fI,I MERIDIAN; IDAH^ 1t ~f\\~9,1J arimmmar+omcww.muoaTa I}( ,`! ~ b~~ft 11 k. 'p (` arMi twN a••ul~ ru (aoq x•-sw ~_..= ~-.__L__.~r ~ _i_..r`.~~~-- - -- _ _/!-._ .,,_/ ` ~~ iw11 7bo/Y[ mis+en.s~l_ ___-// ~ - 4a -j _ .. +w was ,.~,5...,c:c.w.iea..,..- . a r._ t +~:.. \ !P , .~,M~ ~~ L cE~ f M GROVE TRAILEi~ CT. P.O. Box 155 • Meridian, ID 83680 ~° ' ' (~~~' ®9 Z®Q7 Loren D. Ross, Manager ~I~Y ~~ i >l~ 888-6668 or 888-5694 ~, March 8, 2001 e Mr. Brad Watson, P.E. REGISTERED RETURN !, City of Meridian - RECEIPT RE UESTED 200 E. Carlton, Ste. 100 Meridian, ID 83642 `~ RE: Creek Side Arbor Phase II -Road Drainage Dear Mr. Watson: On March 7, 2001, per our telephone conversation, I expressed concern about the drainage of Badley Street being transferred to my property. I sold property in Januakry 1993 to Bill & Lucille Leaven for the purpose of Badley Street being extended from 2'/z Street. Completion of Badley until the development of Creek Side Arbor Phase II, drainage was on Leaven's land. It is my understanding that part of Badley Streetlis private. Show me a law that supports road drainage without benefit of a drain bed' Per our conversation on the 7"', you said that testimony was given that I had been contacted and agreed to the road drainage to my property.. That is not correct. I would encourage disclosure of the individual that made that statement. The statement should have been a written document with my signature to give merit to the decision-making process. You made reference to a "historic drain ditch" that existed to remedy drainage. That drain ditch has been inactive for many years (approx. 20 yrs. since fill dirt was added to my property and surrounding property). In May of 1999 the Nampa & Meridian Irrigation District expressed no interest or concern about the ditch (see enclosure). The ditch has been partially backfilled for years. Suppose for a moment that the drain ditch was still active. Again, show me a law that supports street drainage into a ditch or canal. My concern is future development of my land. I will not accept responsibility for drainage of Badley Street or any other development. I anxiously await your response. k Sincerely, ~-® ~~ ~' Loren D. Ross cc: heri Stiles,, P,~ lanri ng &Zo~nin~g enc. No »a2 ©APTHUP THOMPSON • ST. OHAPLES, IL 6a1 ]6 ,r a i. . ~s , ~ f.>s 1~JZGAC~GC>tGL _/tD~,4~iL ~G~~'L+GC~` 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 46h-7661 4-May-99 ~ SHOP: Nampa 46h-0663 Loren Ross . Elm Grove Trailer Park P. O. Box 155.' ~ --.~ e .~ T ~ ' Meridian, +L., 83ti80 Dear Loren: .. ~" This letter is to follow up our meeting at the East 3rd and Gruber Avenue. Tlie'ditch in questlon is not a Nampa & Meridian Irrigation District facility but a private waste facility. It is the District's position that the operation and maintenance on any facility past the District's. point of delivery is the land owners responsibility. ' f Please feel free to contact me if you feel further discussion is required. Sincerely, Bill Menson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT 3 _ ~ BH:din a Cc: File . Each Director Secretary-Treasurer Water ~u~erintendect t :~ x ,~ c APPROXIMATE IRRIGARIE nCRF:S RIVER FLOW RIGHTS ?3,000 BOISE PROJECT RIGI I1S ~ ~ID,000 o ~~ ~~ t p~i ~~ ~, v fi .y ~` ' $ ~ ~ ~ ' ~ .. ,A1~.1~Tf"~BYs PIS T~;- t i ~ f l ~+e~. a~a .r~w~~s~er®u 4 ..ww" a. . c~ i~ gar ~t. ~., .~aaa~eoar•~oon x~aW,s.a.ra.t ~~~~a ~e ~~~~~ ~~~" yd ~ ~r ~ ~o y ~ C~~ ~~ o ~ `~~ - ~~ ~~ ~o ~ ~ G~ o ~' ~ cr ~ ~ • ~ o d c~ ~ o ~s ~ ~ ~ ~. ~ ~ ~ O C~ ~ N c¢u a~ ~ ¢-c~'u CD ° O~ y0 o. ~- ~ z ~.~~~ ~ ~ r~ ~~ ~ ~ ~ cu ~ ~ ~ tri ~ cn (~ ~ a N ~ ' a. ~, ~ ~ ~, n O .~ vi O ~~ '~ ~ r~~ ~ ¢ c o' ~ ~ tri r. o ~' o ~ ~ C7 ~, ~- a. a: ~ ~ ~ H :~ Q.. ~e.,~~s i?t~ fD _ ~ '~, N O Z fD Q~QF ~ ~~"' (~ ~ C1. j' ~~ "C (D ~s ~ ~ ~. ~• ~ ~'t: ~ ~ a { Y ~ ~ ~ ~ ~ ~ ~ ~ b '~' ~ ~ ~ ~ °~ ~ ~ ~ ~, o ~ , ~ ~ ' ~ ~.. ~ ~ ._ ., ~ ~ ,~~ ~ p- ~.: ~ ~' t.,~. ~ dray r >'r~ ~ F+ .. L y~'' ~ O 1 ~~~ ~ (D t]. ,. 7. ~ eM ~~,` ~ ~ ,~ ~ ~ ~ r'~i'7, t O a 1M ~ p,:f"~ . Ft ,~ ~ x Y~. ro~ w.,. i { a .~ T ;~.~. ~.~.~ ~~~~ ~ , BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE , APPLICATION OF WILLIAM D: LEAVELL AND LUCILE M. LEAVELL, FOR A CONDITIONAL USE PERMIT FOR FOUR MULTI- FAMILYDWELLING FOURPLEXES FOR A TOTAL OF SIXTEEN FOURPLEXES WITH AMENITIES OF SWIMMING POOL AND A CLUBHOUSE LOCATED ON THE SOUTH SIDE OF FAIRVIEW AVENUE APPROXIMATELY 600 FEET EAST OF THIRD STREET, MERIDIAN, IDAHO r. R,~c~~D MAY 1 8 2000 CITY OF MERIDIAN PLANNING ~ ZONING Case No. C~ U 99-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on September 7, 1999, and Shari Stiles, Planning and Zoning 9 Administrator, Gary Smith, City Engineer, acid Larry I<nopp, architect for the Applicant, appeared and~testified in favor of the application and no'one appearing in opposition, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised ri the premises, the Council finds and a~ concludes as follows: '~ FINDINGS OF FACT AND CONCLUSIONS OF LAW '. AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SU,~BJECT_ TO CONDITIONS ~CREEI~SIDE-ARBOUR'PHASE-II= i BY WILLIAM D. AND LUCILE M. LEAVELL -~~ I k `~ FINDINGS OF FACT • , 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for' - September 7;` 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration j more than fifteen (15) days prior to said hearing and with the notice of public hearing's ~ 4 having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said September 7, 1999, public hearing; and the..: Applicant, affected property owners, and government subdivisions providing services 9 within the planning jurisdiction of the City of Meridian, having,been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing { requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW .~1VD DECISION AND-ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ~ ' CREEI<SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 2 ,, o .,t ~ , ,_ ~, 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located on the south side of Fairview Avenue approximately 600 feet east of Third Street, Meridian, Idaho. , 5. The owners of record of the subject property are William and Lucile Leaven of 2720 S. Ariel, Meridian, Idaho. 6. Applicant is the owner of record. z ~ d. 7. The subject property is currently zoned Medium Density Residential (R-8) with a pending application for rezone to Medium High Density Residential (R-15). The zoning districts of R-8 and R-15 are defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(4) and (5). 8. That the Applicant, William D. Leaven and Lucile M. Leaven, y husband and wife, owner of the property is granted a conditional use permit for the development and use of four multi-family dwelling fourplexes for a total of sixteen (16) fourplexes with amenities of swimming pool and~a clubhouse located on the south side FINDINGS~OF FACT.AND=CONCLUSIONSOF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ~ ~ ; CREEKSIDE ARBOUR PHASE II ' BY WILLIAM D. AND LUCILE M. LEAVELL - 3 ,, 1 ,~ . • - ~ of Fairview Avenue appro~cimately 600 feet east of Third Street, Meridian, Idaho, as a described in the Revised Site Plan dated 9-7-99, REVISION SEWER EASEMENT, F ,. Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, `Sheet No. A1, k Creekside Arbour Apartments Phase Two, Meridian, Idaho, LARRY I<NOPP, ARTHITECT, for the development of the aforementioned projects and which property is described hereinbelow to-wit: A parceleof land as described in Warranty Deed Instrument No. 9227732 and shown on Record of Survey No. 4621 situated in the NE 1/4 of the, • NW ~1/4 of Section 7, T.3N., R.IE., Boise Meridian, Ada County, Idaho and described as follows: ~° Commencing at a Brass Cap Monument marking the North 1/4 corner of A ~ M said,Section 7, thence along the East line of the NW 1/4 of said Section S - 00°34'39" W (S 00°00'00" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00°34'39" W a distance of 218.76 feet to a 5/8" rebar; . Thence leaving said •East line S 38°43'20" W a distance of 192.36 feet to a point; Thence N 89°29'10" W (S 89°56'20" W) a distance of 510.80 (510.67) feet to a point; . k 4 . Thence N 00°33' 16" E a distance of 351.65 feet to a point; ` ~ Thence N 88°49'42" E-a `distance of 239.87 feet to a 1/2" rebar; .. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ~CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 4 k Thence N 00°36' 17" E a distance of 590.03 feet~to a point from which a 5/8" rebar on the southerly right=of-way of Fairview Avenue bears N 00°36' 17",E a distance of 34.06 feet; Thence N 61°04'07" E a distance of 73.66 feet to a point on the centerline of Five Mile Creelc and the southerly right-of-way of Fairview Avenue; Thence along the centerline of said~Five-Mile Creek the following courses; Thence. S 00°44'24" E a distance of 305.75 feet to a point; Thence along the arc of a curve to the left having a radius of 30.00 feet, a central angle of 61°32'59", an arc length of32.23 feet, and a-long chord bearing S 31°32'36" E a distance of 30.70 feet to a point; Thence S 62°20'48" E a distance of 322.40 feet to a point; k. Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 17°52'43", an arc length of 18.72 feet, and a long chord bearing S 53°25'31" E a distance of 18.65 feet to a point on said East line of the NW 1/4; _ Thence leaving said centerline and along the said East line S 00°34'39" W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and is subject to all existing easements and rights-of--way of record or implied. 9. The use proposed within the subject application will in fact, "constitute `a conditional use as determined by City Policy. FINDINGS OF FACT AND CONCLUSIONS OF LAW ~~ AND DECISION AND ORDER GRANTING CONDITIONAL USE~PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - S a A 10: Giving due consideration to the,~comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not F impose e~rpense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and .development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 10.A Conditions requested by the City of Meridian Planning and - Zoning Administrator and Assistant City Engineer within their ~" Memorandum dated August 5; 1999, be required as follows: Adopt the Central District Health Department's Recommendations as follows: ` 10.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 10.2 Run-off is not to create a mosquito breeding problem. 10.3 Storinwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 10.4 The Engineers and architects involved with the design of the subject project shall obtain current best management'practices for stormwater disposal and design a stormwater management system that prevents graundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL ` USE. PERMIT. SUBJECT TO CONDITIONS }, CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 6 r { Adopt the Meridian Fire Department's Recommendations as follows: 10.5 Applicants shall satisfy all City and State codes. ,10.6 The appropriate number of fire hydrants will need to be added throughout the complex. 10:7 Vehicles and trailers shall only be parked in designated spaces. No parking is permitted in the 25 foot driveway running through the, apartment complex. 10.8. The main access driveway and the 25 foot loop drive must be constructed before building is started.. 10.9 The main access drive'must be connected either to E. 5th Street or to Badley before building is started. . 10.10 The applicant shall work with the Fire Department and Building Department to ensure that the number of framed apartment buildings without sheetrock installed for fire stops not be exceeded. sA 10.11 All apartment buildings containing more than six (6)~apartments shall be provided with a fire sprinkler system. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 10.12 All municipal surface drainage shall be retained on site. Adopt the Ada County Highway District's Recommendations as follows: 10.13 Dedicate 60-feet of right-of--way from the centerline of Fairview . Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 7 • • .. revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #18'8. 10.14 Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. 10.15 Provide a public roadway from Fairview Avenue to a point between 300 and 460-feet south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37-foot Street section plus 12-feet of additional pavement. with curb, gutter, and side~vallc on the east side of the road within 42-feet of right-of-way. Provide a paved temporary turnaround with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 10.16 Construct a 5-foot~wide detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located two feet within the new right-of--way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. 10.17 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 10.18 Other than the public road specifically approved with this .. application, direct lot or parcel access to Fairview Avenue is prohibited. Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 10.19: Applicant should provide evidence to the City in the form of a license agreement or other formal approvals from all jurisdictions' involved in the oversight of Five Mile Creek for construction ` within the existing 50-foot easement. Approval should be required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE NI. LEAVELL - 8 ' . ~ ? `~ i 9 E from the Bureau of Reclamation, Corps of Engineers,: NMID and Idaho Dept. of Water Resources. ` ~. , 10.20 Applicant shall provide a letter from"ACRD approving a public roadway within an existing easement. w r ~ 10.21 Correct elevations need to be submitted and/or`clarified. ~ ' ` a . 10.22 The `plan'shall be revised to show all existing easements including existing sanitary sewer easements. No encroachments into the existing sanitary sewer easements is permitted. a r:` v' * Y 10.23 Sanitary~sewer service to this Site will be via an extension from the existing main that is adjacent to the proposed development. ,.,. Applicant will be responsible for construction. of~the sewer mains to and through this proposed development. Subdivision designer shall coordinate main'sizing~and routing with the Public Worlcs Department. Sewer manholes are to be provided,to keep"the sewer lines on the south and west sides of the centerline. 10.24 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicantfwill be responsible for construction of the water mains`to'tand'through this~'proposed development. Subdivision designer`shall`coordirate main sizing and routing with the Public Worlcs Depar`tment' Applicant shall be C required to complete looping of water mains into existing adjacent developments. ~ 10.25 Detailed signage plans shall be included as part of this application for review and approval. All signage is subject to design review approval. ~~ ~ ~ ' ~ r z 10.26 A minimum of 150 parking stalls must}~be provided on site. .. _ ~ ~ ' ~'I ~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW b AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ` ~ CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 9 F • y, . '10.27 Underground pressurized irrigation must be provided to all landscape areas on site. Hoolc-up and design details based on the proposed landscaping shall be submitted for approval. k 10.28 Non-combustible fencing is required. Details shall be submitted for approval. Staff recommend the fencing not continue beyond the northerly curve of Five Mile on the north end of the site and the fence be designed considering public safety and aesthetics that match the high quality of the development. 10.29 Applicant shall pay fees for water and sewer service which shall be determined during the building plan review process. 10.30 For the number of parking spaces shown, a minimum of seven handicapped accessible spaces would be required, with a minimum of one being van accessible (16-foot-wide). Apartments may require that each building have an accessible space and ramp. All F applicable Fair Housing and ADA requirements for multi-family F housing must be met. . a 10.31 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605:M.-Plans will need to be approved by the appropriate` irrigafion/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project.° 10.32 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- '- domestic purposes such as landscape irrigation. 10.33 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414~D.4 and 11-2-414.D.5 of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR`PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 10 .~ ~ ~ • ~ • Meridian Zoning and Development Ordinance and in accordance with~Americans`with Disabilities~Act (ADA) requirements. 10.34 A drainage plan designed by a State of Idaho licensed architect or' engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 10.35 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 10.36 All signage shall be in accordance with the standards set forth in Section 1 l; 2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 10.3 7 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. , n 10.38 All construction shall conform to the requirements of the Americans with Disabilities Act. A 10.39 A revised site plan shall be provided detailing all existing and ti proposed utilities for review by the Meridian Public Worlcs Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development. with the Public Works'Department. ' 10:40 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure ,from the ' existing mains should be monitored with °the Meridian Water Department to determine whether adequate fire protection exists. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND.ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 11 • 10.41 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. ,. 1'0.42 One three-inch (3") caliper tree is required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must be submitted. Provide detailed landscape plan for review and approval. ` 10.43 Particular attention will need to be paid to lighting.plans to~ensure adjacent residential properties is not impacted by glare, as determined. by the City of Meridian. 10.44 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal buildings/uses. 10.45 Applicant shall coordinate locations and construction requirements with Meridian Sanitary Service, Inc:, and provide a letter of approval from their office prior to applying for building permits. r: r 10.46 No City water will be allowed for landscape irrigation. 10.47 Five Mile Creelc is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and. maintained, provided it is in the best interests of the City of Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution`and to preserve the natural beauty of Five Mile Creelc. The Planning and Zoning Commission further advises: 10.48 Applicant shall assure that there is proper maintenance of any and all private. roads within the "development to ACRD Safety Standards. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II g BY WILLIAM D. AND LUCILE M. LEAVELL - 12 P • • Z F f 10.49 Applicant shall assure the water quality along Five Mile Creelc for runoff and/or: drainage. 10.50A11 signage shall be submitted for the approval of staff. 10.51 The applicant shall install pressurized irrigation or shall work with the Nainpa-Meridian Irrigation District to provide irrigation for landscaping. - 10.52 Applicant shall comply with ACHD Site Specific Comment No.2 by providng~a paved pedestrian pathway in the alignment of Badly Street extending from its current terminus to the west property line. - 11. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 12. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Fact no. 10 and will be designed, constructed, operated and maintained to be harmonious-and appropriate in appearance or intended .~ ~ >. ._~ character of the general vicinity and-that such uses will not change the intended essential character: of the same area. 13. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 14. The uses proposed within the subject application will be served FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT_SUBJEGT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - ,13 ,. a + ~ • adequately by central public facilities and services such as highways, streets, police and' fire protection, drainage structures, refuse disposal, water, and sewer. x I5. The applicant has agreed to pay any additional sewer, water or w trash fees or charges, if any associated with the use. 16. The. uses proposed within'the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 17. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: r (A) As part of a zoning ordinance the City. Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit maybe granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning _ ordinance, but may be allowed with conditions undex specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT 'I'O CONDITIONS CREEI~SIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 14 • for the proposed use, and when it is `not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be - attached to'a special use,permit, including, but not limited to, those: . 1) Minimizing adverse impact on other development; ~2) Controlling the sequence and timing of development; 3) Controlling the -duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of w effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. -2. The City of Meridian has exercised its~authority to provide for the processing of applications for Conditional. Use Permits by the enactment of § 11-2-418 Municipal Code. ~ . . 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. ,, The City of Meridian has enacted the Comprehensive Plan City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 15 Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.. ' k DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS . NOW,~THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant, William D. Leaven and Lucile M. Leaven, husband and wife, .owner of the property is granted a conditional use permit for the development and use of four multi-family dwelling fourplexes for. a total of sil~cteen (16) fourplexes with amenities of swimming pool and a clubhouse located on the south side of Fairview Avenue approximately 600 feet east of Third Street, Meridian, Idaho,. as described in the Revised Site Plan dated""9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. A1, Creelcside Arbour Apartments Phase Two, Meridian, Idaho, LARRY I<NOPP, ARTHITECT, for the development of the aforementioned projects and which property is described hereinbelow to-wit: ~: ,FINDINGS OF FACT AND CONCLUSIONS OF LAW ~~ AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II ' BY WILLIAM D. AND LUCILE M. LEAVELL - 16 ~. n • •. A A parcel of land as described in Warranty Deed Instrument No. 9227732 and shown on Record of Survey No. 4621 situated in the NE 1/4 of the NW 1/4 of Section 7, T.3N., R. l E., Boise Meridian, Ada County, Idaho and described as' follows: Commencing at a Brass Cap Monument marking the North 1/4 corner' of said Section 7, thence along the East line of the NW 1/4 of said Section S 00°34'39" W (S 00°00'00" W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S 00°34'39" W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line S 38°43'20" W a distance of 192.36 feet to a point; Thence N 89°29>10" W (S 89°56'20" W) a distance of 510.80 (5__10.67) feet to a point; Thence N 00°33'16" E a distance of 351.65 feet to a point; Thence N 88°49'42" E a distance of 239.87 feet to a 1/2" rebar; Thence N 00°36'17" E a distance of 590.03 feet to a point from which a 518" rebar on the southerly right-of-way of Fairview Avenue bears N 00°3 6' 17" E a distance of 34.06 feet; Thence N 61°04'07" E a distance of 73.66 feet to a point on the centerline of .Five Mile Creelc and the southerly right-of--way of Fairview Avenue; Thenceealong the centerline of said Five-Mile Creelc the following courses; Thence S 00°44'24" E a `distance of 305.75 feet to a point; Thence along the arc of a curve to..the left`having a radius of 30.00 feet, a central angle of 61°32'59", an arc length of 32.23 feet, and a long chord bearing S 31°32'36" E a distance of 30.70 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND. ORDER GRANTING CONDITIONAL 9' USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 17 `J '1 ,~; Thence S 62°20'48" E a distance of 322.40 feet to a point; er y. Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 17°52'43", an arc length of 18.72 feet, and a long chord bearing S 53°25'31" E a distance of 18.65 feet to a point on said East line of the NW 1/4; Thence leaving said centerline and along the said East line S 00°34'39" W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and is subject to all existing .. easements and rights-of-way of record or implied. ~ 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: 2.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.2 Run-off is not to create a mosquito breeding problem. 2.3 Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for Stormwater disposal and design a stormwater management system that prevents. groundwater and surface water degradation. 2.S Applicants shall satisfy all City and~State codes. 2.6 The appropriate number of fire hydrants will need to be added throughout the complex. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE I{I BY WILLIAM D. AND LUCILE M. LEAVELL - 18 • ~. a 6' 2.7 Vehicles and trailers shall only be parked in designated spaces. No parking is permitted in the 25 foot driveway running through the apartment complex. 2.8 The main access driveway and the 25 foot loop drive must be constructed before building is started. 2.9 The main access drive must be connected either to E. 5th Street or to a Badley before building is started. 2.10 The applicant shall work with the Fire Department and Building Department to ensure that the number of framed apartment buildings without sheetroclc installed for fire stops not be exceeded. 2.11 All apartment buildings containing more than six (6) apartments shall be . provided with a fire sprinkler system. ' 2.12 All municipal surface drainage shall be retained on site. 2.13. Dedicate 60-feet of right-of--way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed-prior to issuance of a building permit°(or other required permits), whichever. occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee, revenues in this benefit zone, if the owner submits a letter- of application to the impact fee administrator prior to breaking ground, in accordance with Section' 15 of ACHD Ordinance # 188. 2.14 ,Provide a paved pedestrianpathway in the alignment of Badley Street extended from its current terminus to the west property line. 2:15 Provide a public roadway from FairviewAvenue to a point between 300 and 460-feet''south of Fairview Avenue. Construct the roadway adjacent to the west property line as one-half of a 37-foot Street section plus I2-feet of .. additional pavement with curb, gutter, and sidewalk on the east side of the road within 42-feet of right-of--way. Provide a°paved temporary turnaround FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 19 ' i 3 ~V ~ ~ °,. for the proposed use, and when it is not in ,conflict with the plan; and i (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: ,~ 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery ' by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of § 11-2-418 Municipal Code. ~ , 3. Idaho Code § 67-6504 provides,that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local .-Land Use Planning Act of 1975." 4. ,The City of Meridian has enacted the Comprehensive Plan City of - R FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL ° USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - IS • A parcel of land as described in Warranty Deed Instrument No. 9227732 and shown on Record of Survey No. 4621 situated in the NE 114 of the NW °1/4 of Section 7, T.3N., R.1 E., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a Brass Cap Monument marking the North 1/4 corner of said ..Section 7, thence along the East line of the NW 1/4 of said Section S 00°34'39" W (S 00°00'00" W) a distance of b73.74 feet to a 5/8" rebar and the POINT OF BEGINNING; , Thence continuing along said East line S 00°34'39" W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line-S 38°43'20" W a distance of 192.36 feet to a point; Thence N 89°29:,.10" W (S 89°56'20" W) a distance of 510.80 (510.67) feet to a point; Thence N 00°33' 16" E a distance of 351.65 feet to a point; Thence N 88°49'42" E a distance of 239.87 feet to a I/2" rebar; Thence N 00°36'17" E a distance of 590.03 feet to a point from which a 5/8" rebar on the southerly right-of--way of Fairview Avenue bears N 00°36' 17" E a distance of 34.06 feet; Thence N 61°04'07" E a distance of 73.66 feet to a point on the centerline of Five Mile Creelc and the southerly right-of-way of Fairview Avenue; 1 Thence along the centerline of said Five-Mile Creelc the following courses; Thence S 00°44'24" E a distance of 305.75 feet to a point; Thence along the arc`of a curve to the left having a radius of 30.00 feet, a central angle of 61°32'59", an arc length of 32~2~3 feet, and a long chord bearing S 31°32'36" E a distance of 30.70 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND. ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 17 • ,, ,. 3 l with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 2.16 Construct a 5-foot wide detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located two feet within the new., right-of-way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. 2.17 ~As required by District policy, restrictions on the width, number -and locations of driveways, shall be placed on future development of this parcel. 2.18 Other than the public road specifically approved withr this application, direct lot or parcel access to Fairview Avenue is prohibited. .:2.19 Applicant should provide evidence to the City in the form of a license agreement or other formal approvals from all jurisdictions involved in the oversight of Five Mile Creek for construction within the existing 50-foot Feasement. Approval should be required from the Bureau of Reclamation, Corps of Engineers, NMID and Idaho Dept. of Water Resources. ,: . 2.20 Applicant shall provide a letter from ACRD approving a public roadway within an existing easement. 2.21 Correct elevations need to be submitted and/or clarified. 2.22 The plan shall be revised'to show all existing easements including existing sanitary sewer easements. No encroachments into the existing sanitary sewer easements is permitted. 2.23 Sanitary sewer service to this site will be via an-extension from the existing main that is adjacent to the proposed development. Applicant will be responsible for construction of the sewer mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be prrovided to keep the sewer lines on the south and west sides of the centerline. . FINDINGS OF FACT AND CONCLUSIONS,OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II ` BY WILLIAM D. AND LUCILE M. LEAVELL - 20 • • , ~~ 2.24 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible for construction of the "' - water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Worlcs Department. Applicant shall be required to complete looping•of water mains into existing adjacent developments. 2.25 Detailed signage plans shall be included as part. of this application for review and approval. All signage is subject to design review approval. 2:26 A minimum of 150 parking stalls must be provided on site. 2.27 Underground pressurized irrigation must be provided to all landscape areas on site: Hoolc-up and design details based on the proposed landscaping shall be submitted for approval. 2.28 Non=combustible fencing is required. Details shall be submitted for approval; Staff recommend the fencing not continue beyond the northerly curve of Five Mile on the north end of the site and the fence be designed , considering public safety and aesthetics that match 'the high quality of the development. ~ . 2.29 Applicant shall pay fees for water and sewer service which shall be determined during the building plan review process. 2.30 For the number of parking spaces shown, a minimum of seven handicapped accessible spaces would be required, with a minimum of one being van ..accessible (16-foot-wide) . Apartments may require that each building have an accessible space and ramp. All applicable Fair Housing and ADA requirements for multi-family housing, must be met. 2.31 Any existing irrigation/drainage ditches crossing the property to be included - in this project, shall be tiled per City Ordinance 11-9' 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL ~ ` USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II ~ r BY WILLIAM D. AND'LUCILE M. LEAVELL - 21 E ,~ • y the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 9 2.32 Any existing domestic wells and/or septic systems within this project will have to°be removed from their'domestic service per City Ordinance Seetion~ 5-7-517. Wells may be-used for non=domestic purposes such as landscape. b irrigation. a x } s } t 1r ~ ~. 2.33 Paving and striping shall be in accordance with the standards set forth~in~ Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and' Development Ordinance and in accordancewith Americans with Disabilities Act (ADA) requirements. 2.34 A'drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 55 7, 10-1-91) for all off-street parking' areas. All site drainage shall `be contained and ~ disposed of on-site. 2.35 Outside lighting shall be 'designed and 'placed so as °-not to ,direct illumination on any nearby` residential areas and in accordance with City Ordinance Section 11-2-14.D.3. r 2.36 All signage shall be'in accordance with`'the standards set forth`in Section 11-2-415 of the City`of Meridian Zoning and~Development Ordinance: No temporary signage or flashing signs will be permitted. ~: c 2.37 Applicants shall provide` five-foot-wide`s~idewallcs in accordance with City ~ Ordinance Section 11-9'-606.B. ~ , '' { k, 4. f 2.38 All construction shall conform to the requirements of the Americans with x: Disabilities Act. `~ 2.39 A revised site plan shall- be provided detailing all existing and proposed utilities for review~b the Meridian Public Worlcs De artmerit. Desi er~is y p to coordinate sizing and routing of sanitary sewer and water within th~ development with the Public Worlcs Department. ~' t ~ - ~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL a ~ USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 22 • ~ • P a ~, . ~ ~ i 2.40 Applicant shall provide the Public Worlcs Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow -and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection .exists. 2.41 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.42 One three-inch (3") caliper tree is required per 1,500 s.f. of asphalt on the site. Calculations showing total asphalt area and required number of trees must be submitted. Provide detailed landscape plan for review and approval. 2.43 Particula"r attention will need to be paid to lighting plans to ensure adjacent ' ~ residential properties is not impacted by glare, as determined by the City of Meridian. 2.44 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal buildings/uses. 2.45 Applicant shall coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 2.46 No City water will be allowed for landscape irrigation. 2.47 Five Mile Creelc is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of Meridian. Consideration should be .made for the land uses in these areas to minimize the risk of pollution and to preserve the natural '~ beauty of Five Mile Creelc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 23 ' ~„ • a °, y .2.48 Applicant.,shall assure that there is proper maintenance of any and all private roads within the development to ACHD Safety Standards. a 4 2.49 Applicant shall' assure the water quality along Five Mile Creels for runoff and/or drainage. ~ 2.50 All signage shall be submitted for the approval of staff. t: 2.51 The applicant shall install pressurized irrigation or shall work with the Nampa-Meridian IrrigationaDistrict to provide irrigation for landscaping. 2.52 Applicant shall comply with ACRD Site Specific Comment No.2 by providing a paved pedestrian pathway in the alignment of Badly Street extending from its current terminus to the west property'line. ,, 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by`the Mayor and City. Clerk and then a copy served by the Clerk upon then applicant, the Planning and Zoning Department, the Public Works Department and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 24 m N ~ ~ NOTICE OF FINAL ACTION ' °` Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an'interest in real property which maybe adversely affected by the issuance or denial of the conditional. use permit may within twenty-eight (28) days after the date of this decision andYorder seek a judicial review as provided~by Chapter 52, Title 67, Idaho k: f' Code. ~` By action of the City Council~at its regular meeting held on the ~~ day of -, _ 4. ~ . k. ROLL CALL a COUNCILMAN ANDERSON VOTED ``' ' `COUNCILMAN BENTLEY VOTED_~~~~-- COUNCILMAN BIRD VOTED-z~~~`~ COUNCILMAN ROUNTREE VOTED-~~~~c. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS ~ -~ CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 25 .. M1 • c r MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED M DATED: ~-" ~-~~ MOTION: 'APPROVED: \) ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department,and City Attorney. By: z-- + r Dated: ~~ ~~©~ City Cleric ,',~;,r~trltittlltlfyf~,~f,,r,~ msg~Z:\Worlc\NI\Meridian 15360M\Creelcside Arbor\CUPFfCIsOrdDec ~ ?,~. ~~N `O ". r SEAL i :/ 1~~ +_ 9 Qr~, ......, •'~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL - USE PERMIT SUBJECT TO CONDITIONS CREEKSIDE ARBOUR PHASE II BY WILLIAM D. AND LUCILE M. LEAVELL - 26 • 4 BEFORE THE MERIDIAN-CITY COUNCIL IN THE MATTER OF THE , APPLICATION OF WILLIAM D. LEAVELL AND L'UCILE M. LEAVELL, FOR A CONDITIONAL USE PERMIT FOR FOUR MULTI-FAMILY DWELLING: FOURPLEXES FORA TOTAL OF SIXTEEN FOURPLEXES WITH AMENITIES OF SWIMMING POOL AND A CLUBHOUSE ON THE SOUTH SIDE OF FAIRVIEW AVENUE APPROXIMATELY 600 FEET EAST OF THIRD STREET, MERIDIAN, IDAHO CUP-99-008 ORDER OF~CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT a. This matter coming before the. City Council on the ~ day of ~~,-Kurz;-y, ~©c~v . -x,39; for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, William D. Leavell and Lucile M. Leavell, husband and wife, owner of the property is granted a conditional use permit for the~development and use of four multi-family dwelling fourplexes for a total of sixteen (16) fourplexes with amenities of swimming pool and a clubhouse located on the south side of Fairview Avenue . approximately 600 feet east of Third Street, Meridian, Idaho, as described in the Revised Site Plan dated 9-7-99, REVISION SEWER EASEMENT, Project No. 99103, DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. A1, Creekside Arbour Apartments Phase Two, Meridian, Idaho, LARRY KNOPP, ARTHITECT, as conditionally approved by order of the City Council on the ¢~'` day of ~`tcc~ry , ?~o0,.~~399, for the development ~• of the aforementioned projects and which property is described hereinbelow to-wit: ORDER OF CONDITIONAL APPROVAL i OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL C~REEKSIDE ARBOUR PHASE II + ~ 1 .. '~~ A parcel of land as described in Warranty Deed Instrument No_. 9227732 and shown on Record of Survey No. 4621 "situated in the NE 1/4 of the NW 1/4 of Section 7, T.3N., R.1 E., Boise Meridian, Ada County, Idaho and described as follows: ` Commencing at a Brass Cap .Monument marking the North 1 /4 corner of said Section 7, thence along the East line of the NW 1 /4 of said Section S 00°34'39" W (S 00°00'00" W) a distance of 673.74 feet to a 5/8" rebar .and the POINT OF BEGINNING; Thence continuing along said East line S 00°34'39" W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line S 38°43'20" W a distance of 192.36 feet to a point;. Thence N 89°29'10" W (S 89°56'20" W) a distance of 510.80 (510.67) feet to a point; Thence N 00°33'16" E a distance of 351.65 feet to a point; Thence N;88°49'42" E a distance of 239.87 feet to a'/Z' rebar; ,Thence N 00°36'17." E a distance of 590.03~feet to a point from which a 5/8" rebar`on t the southerly right-of-way of Fairview Avenue bears N 00°36'17" E a distance of ;: 34.06 feet; i. Thence~N 6,1°04'07" E a distance of 73.66 feet to a point on the centerline of Five R Mile Creek and the southerly right-of--way of Fairview Avenue; 3 Thence along the centerline of said Five-Mile Creek the following courses; Thence S 00°44'24" E a distance of 305.75`feet to a point; Thence along the arc of a curve to~the left having a radius of 30.00 feet,. a central angle of 61 °32'59", an arc length of 32.23 feet, and a long chord bearing S 31°32'36" E.a distance of 30.70 feet to a point; Thence S 62°20'48" E a distance of 322.40 feet to a point; ,~ 'Thence along the arc of a curve to the right having a radius of 60.00 feet, a central `angle of 17°52'43", an arc length of 18.72 feet, and a long chord bearing S 53°25'31" E a distance of 18.65 feet to a point on said East line of the NW 1/4; ORDER OF CONDITIONAL APPROVAL 2 OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL_ CREEKSIDE ARBOUR PHASE II a { ~ ~,~ ` r a Thence leaving said centerline and along the said East line S 00°34'39" V1/ a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.55 acres more or less and is subject to all existing easements and rights-of-way of record or implied. 2" ~' °This permit is subject to the following terms and conditions: u, That the' above named applicant is granted a conditional use permit to use the property for the development and use of four multi-family dwelling fourplexes for a total of sixteen (16) fourplexes with amenities of swimming pool and a clubhouse, subject to the following conditions of use and development: 2.1 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. i2.2~ Run-off is not to create a mosquito breeding problem. 2.3 stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.4 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and.. design a stormwater management system that prevents groundwater and surface water degradation. ~. 2.5 Applicants shall satisfy all City and State codes. 2.6~ The appropriate number of fire hydrants will need to be added throughout the complex. . g 2.7 Vehicles and trailers shall only'be parked in designated spaces. No parking is permitted in the 25 foot driveway running through the apartment complex. 2.8 .The main access driveway and the 25 foot loop drive must be constructed before building is started. . 2.9 The main access drive must be connected either to E. 5th Street or to Badley before building is started. ORDER OF CONDITIONAL APPROVAL 3 OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II 2.10 The applicant shall work with the Fire Department and Building Department to ensure that the number of framed apartment buildings without sheetrock installed for fire stops not be exceeded. 2.11 All apartment buildings containing more than six (6) apartments shall be provided with a fire sprinkler system. 2.12 AH municipal surface drainage shalllbe retained on site. 2.13 Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel _by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The•owner will. be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a fetter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. t 2.14 Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. 2.15 Provide a public roadway from Fairview Avenue to a point between 300 and 460-feet south of Fairview Avenue. Construct the .roadway adjacent to the west property line as one-half of a 37-foot Street section plus 12-feet of additional pavement with curb, gutter, and sidewalk on the east side of the road within 42-feet of, right-of-way. Provide a paved temporary turnaround with an easement for the turnaround provided to the District. Coordinate the length of the roadway with District staff. 2.16 Construct a 5-foot wide-detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located two feet within the new. right-of-way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. 2.17 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.18 Otherthan the public road specifically approved with this app{ication, direct lot or parcel access to Fairview Avenue is prohibited. ORDER OF CONDITIONAL APPROVAL 4 OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE Il .. ~ ~ ,. 2.19 Applicant should provide evidence to the City in the form of a license agreement or other formal approvals from all jurisdictions involved in the oversight of Five Mile Creek for construction within the existing 50-foot 3 easement. Approval. should be required from the Bureau of Reclamation, Corps of Engineers, NMID and Idaho Dept.,of Water Resources. a: 2.20 Applicant shall provide a letter from ACHD approving a public roadway within an existing easement. 2.21 Correct elevations need to be submitted andlor clarified. t 2.22 The plan shall be revised to show all existing easements including existing `sanitary sewer easements. No encroachments into the existing sanitary sewer easements is permitted. 2.23 Sanitary sewer service to this site will be-via an extension from the existing main that is adjacent to the proposed ~ development. Applicant will be responsible for construction of the sewer mains to and through this proposed development. Subdivision designer shall coordinate main sizing, and routing with the Public Works Department. Sewer manholes are to be provided to ,~ keep the sewer lines on the south and west sides of the centerline. 2.24 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible for construction of the water mains to and through this proposed development. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. Applicant shall be required to complete looping of water mains into existing adjacent developments. 2.25 Detailed signage plans shall be included as part of this application for review and approval. All, signage is subject to design review approval. y 2.26 A minimum of -150 parking stalls must be' provided on site. 2.27` Underground pressurized irrigation must be provided to all landscape areas k on site. Hook-up and design details based on the proposed landscaping shall be submitted for approval. ' . r 2.28 ~ Non-combustible fencing is required. Details shall be submitted for approval. °' Staff recommend the fencing not continue beyond the northerly curve of Five ORDER OF~CONDITIONAL APPROVAL s ~~ OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M.~LEAVELL ~ ' CREEKSIDE ARBOUR PHASE II ~! Mile on the north end'of the site and the fence be designed considering public` safety and aesthetics that match the=high quality of the development. 2.29 Applicant .shall pay fees for water and sewer service which ~ shall be, determined during the building plan review process. 2.30 For the number of parking spaces shown, a minimum of seven handicapped accessible spaces would be required, with a minimum of one being` van accessible (16-foot-wide). Apartments may require that each building haver an accessible space and ramp. All applicable Fair Housing and ADA requirements for multi-family housing must be met. 2.31 Any existing irrigation/drainage ditches`crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate- irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ' ditches crossing this project. 2:32 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7- 517: Wells may be used for non-domestic purposes such as landscape irrigation. ` 2.33 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.34. `A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site: 2.35 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 2.36 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporarysignage or.flashing signs will be permitted. 'ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II 2.37 Applicants shall provide five-foot-wide. sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.38 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.39 A revised site plan shall be provided detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public~Works Department. 2.40 Applicant shall provide the Public Works Department with information on ,anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.41 Applicantshall be required to enter- into an Assessment Agreement with the City of Meridian. 2.42 One three-inch (3") caliper-tree is required per 1,500 s.f. of asphalt on the site. Calculations.showing total asphalt area and required number of trees must be submitted. Provide detailed landscape plan for review and approval. 2.43 ~ Particular attention will need to be paid to lighting plans to ensure adjacent" residential properties is not impacted by glare, as determined by the City of Meridian. a .. 2.44 Staff encourage the provision of five-foot pathways to provide for enhanced pedestrian circulation internal to the project, particularly between principal buildings/uses. X2.45 Applicant shall coordinate locations and construction requirements with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior to applying for building permits. 2.46 No City water will be allowed for landscape irrigation: 2.47 Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. Fish, wildlife and vegetation species and habitat should be protected and maintained, provided it is in the best interests of the City of ORDER OF CONDITIONAL APPROVAL . ~ OF CONDITIONAL USE PERMIT WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II ' ~ ~ , t • ~~ [[pt g ,, Meridian. Consideration should be made for the land uses in these areas to minimize the risk of pollution and to preserve the natural beauty of Five Mile Creek. ~_,: 2.48 Applicant shall assure that there is proper maintenance of any and all private roads within the development to ACHD Safety Standards. 2.49 Applicant shall assure the water quality along Five Mile Creek for runoff and/or drainage. 2.50 All signage shall be submitted for the approval of staff. 2.51. The applicant shall install pressurized irrigation or shall work with the Nampa- Meridian Irrigation District to provide irrigation for landscaping. 2.52 Applicant shall comply with ACHD.Ste Specific Comment No.2 by providing a paved pedestrian pathway in the alignment of Badly Street extending from its current terminus to the west property line. 3. Tfie above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval `of the application for a conditional use permit. 4. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of Creekside Arbour Phase II Subdivision. 5. Notice to Permit Holder, this conditional. use permit is °not transferable without ., complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~ day of 2oc~o. By: %! .~ ERT D. CORRIE J Mayor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT ~`'~ WILLIAM D. LEAVELL AND LUCILE M. LEAVELL CREEKSIDE ARBOUR PHASE II s i S Copy served upon, Applicant, the Planning and Zoning Department, Public Works iDepartment and City Attorney. By: ~~~-- ~ Dated: l- ¢ _ ~~ `~ , `City CIerK ~~te~itlttltfrrrff --``~ msg/Z:\Work\M\Meridian 1536QM\Creekside Arbor\CUPOrder {y(~~` lJ' T ia'` ` \ ~ j~ ~ ~ M SEAL fy 1 `~ `,~ . Y ~~ w ,~ ~ . sj,~fffffffflll itH~~~~,,,``,`; ~, a i ~" ~ , a 5 1~ '~,~ ~ ORDER OF CONDITIONAL APPROVAL 9 OF-CONDITIONAL USE:PERMIT WILLIAM D: LEAVELL AND LUCILE'M. LEAVELL CREEKSIDE ARBOUR PHASE II =u F ~ { r October 13, 2000 ,Department Report MERIDIAN CITY COUNCIL MEETING October 17, 2000 APPLICANT Cit r -Gary Smith ITEM NO. 13-C-1 REQUEST Creekside Arbour E sements AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE DEPARTMENT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Mertdian. ` ~ _ • - ~ ' • • 1-• ~~ ~r~ ~~, ~ o~, ..: o J ~~ ~ ~~ emo ~. To: Mayor Corrie From:Gary D. Smith, PE CC: file Date: 10/05/00 Re: Creekside Arbour -Easements Mayor: Attached is a copy of the sanitary sewer and domestic water easements for this development. The City water and sewer mains are located in the private streets of this development, which requires the property owner to grant us easements for the operation and maintenance of these lines. i would appreciate it if you could place an item on the next City Council agenda, under my Department Reports, for Council acceptance and approval of these easements. Thank you, Gary From the desk of... Gary D. Smith, PE Meridian City Engineer Meridian Public Works Department 200 E Carlton St, Svibe 100 Meridian. Idaho 83642 2600 • Pa e 1 ~~ ~ ~1 9 Fax: (208) 887-1297 • CREERSIDE ARBOL7R - PHASE II SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 3rd day of October, 2000 between William and Lucile Leavell, the• parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, lazge trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement Page I EASMT.S& W.doc ~. • • i ~. any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good`and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ~p ~ ~ r ` Manager anager STATE OF IDAHO ) ss County of Ada ) On this 3rd day of October, 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared William Leaven and Lucile Leaven, known or identified to me to be the Managers, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. s• R •• O°°°/aa0 wad 0j'~+d 4. d' ~v4'%~ ~oTARr':'~~'- q ° -a- ~ ~' = TARP PUBLIC FOR IDAHO * . pU B LlC' yr ~°' .` 0o ago ~~ ~'~ Residing at °°•mo L~' OF I~ °c° Commission Expires: °°0oeooaaooo+p6°° Sanitary Sewer and Water Main Easement Page 2 EASMT.S&W.doc .. EXHIBIT "A" SEWER MAIN EASEMENT A 20 foot wide sewer line easement situated in a portion of the W 1/2 of the NW 114 of Section 7, T.3N., R.lE., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a 518" rebar marking the SE corner of the NE1/4 of the NE1/4 of the NW 1/4 of said Section 7, from which bears S00°34'39"W a distance of 673.74 feet from a brass cap marking the Nl/4 corner of said Section 7, thence perpendicular to the East line of the said NW 1/4 N89°25'21"W a distance of 372.44 feet to the POINT OF BEGINNING; Thence S00°00'00"W a distance of 124.33 feet to a point; Thence S21°41'40"W a distance of 142.46 feet to a point; Thence 890°00'00' a distance of 223.33 feet to a point; Thence S00°00'00"W a distance of 20.00 feet to a point; Thence S90°00'00"W a distance of 252.81 feet to a point; Thence N21°41'40"E a distance of 155.28 feet to a point; Thence 890°00'00"W a distance of 150.39 feet to a point; Thence N00°00'00"W a distance of 20.00 feet to a point; Thence N90°00'00"E a distance of 155.13 feet to a point; Thence N00°00'00"W a distance of 381.30 feet to a point; Thence N65° 15'09"E a distance of 39.62 feet to a point; Thence S24°44'51"E a distance of 20.00 feet to a point; Thence S65°15'09"W a distance of 26.82 feet to a point; Thence S00°00'00"W a distance of 256.09 feet to the POINT OF BEGINNING. Said easement contains 19304 square feet or 0.44 acres more or less and is subject to all existing easements and rights-of--way of record or implied. 98925/98925 Sewer Line Esmndlais 8! 17/00 '~~ ~~ ~r ~~~ ~ ~~ ~'~" ~~ ~o svr ~~, .- 1 S ~.bQM ~,1 ~!"1d .., d1OIL13W ~~ 'o a~~isu3 I 11N3 w35tY3 NIb'vr 2y3M35 ~'I~}~~I~IId Is ~`t7Hd anoer.~v 3a1S71332~~ m ~ 08'OlS 3„OI,bZ.68S ~ i ~n~t~n~ ~~ZQ~g ~~ i ~ti;, Z Z . O/~ ^i/ O x, ~ y a W o l8'ZSZ 3.OO,OOA6N Door---'----------------------'7 ' ~ ' ~"~ ~ U- Q OW ~, ~ OcV L.--------'---------..----..y / ££~fZZ h1.00,00.O6N / / ' z ~ ~ a ~ z /~ a/ /"~ ~1 ^~ ~ V z e ~/ M ~ t~1 6 WWA ~ / I W M ^ F+-1 F.. }, O W E O ~/ Fp ~/ 1p / ~I a ~ te/ N /jy a' ~ ~ U ~xG a ___ __ ~ ~--- 6£'OSl 3_OO,OOA6N -if°oo ~~ Z~ J v ,~ ~..a Q Fz „M~~ r--- Cl~riSl M.,OO,OOA6N °o`~' I M I / ~ ~I F-1 M W ~ C7 o 0. N' I I N 1 I°n ~ . . X ~ x ~ $I I I I ~ W O F o' OI r, ~ of o l ' ..................................... ................. e M„lZ SZ 68N olN L6'6£Z 3„Z4,64 .88N ~ trtr'ZLf { ' 1 I it I I f"II r? x~l 1 l I M I II 1 1 I ;I O I~ of flo , o to I , Ni 11 ~I ~ WI I I ~ ~ _ ~~, I ,,~ of x,i o c~ ~~ W w ~ I + , ~' f _ I I _ yy, .r ~ 3 ~ `~ ~ I I ~ I _..1 Q i ~ ~ I ~I ~ ~ ~ I x~ '•~, `5p9~1 I `_ x6626<2 J ~ { ~ .,N Z ' W ~ 9 ~~ E~~S~S PZ b ~' n n ~i ,'I oe ° ~ 1 ~~ ~ ~v , ' ' 8 ' N N ' ' f M ~ Z ~rQ ~ al o ~ 8 ~ ' 3 I o V1 i ° •~ w ~ I S, , i ~ ~ I ~_ l ~ 1 ~ ° k' ~ 1 1 ~ I z R I I I P:\A_CIVIL\98925\dwg\SWRESMNT.dwg, 1 SITE, 09/13/00 09:52:01 AM, P(nnocle Engineer, INC. All Rights Reserved . f~ t`1 EXHIBIT "A" Water Main- Easement An easement for the purpose of constructing and maintaining a water main located. in a portion of the E1/2 of the NW1l4 of Section 7, T.3N., R.IE., B.M., Ada County, Idaho being contained in that parcel,of land as shown in Record of Survey No. 4571 as recorded at Ada County Idaho and described as follows: Said easement,consists of four separate but adjoining lines described as follows: ~.. LINE1 Commencing at a 5i8 inch rebar marking the SE corner of the NE1/4 of the NE1/4 of said NW 1i4 from which a brass cap monument marking the North 1/4 corner of said Section 7 bears N00°34' 39"E a distance- of 673.74 feet, thence along the East line of said East 1/2 S00°34'39"W a distance`of 218.76 feetto-a 5/8 inch rebar; thence leaving said East line S38°43'20"W a distance of 157.96 feet to the POINT OF BEGINNING; Thence 10 (Ten) feet on each side of the following described line: N85°49' 18"W a distance of 7.21 feet to a point; N40°49' 18"W a distance of 110.15 feet to a point; Thence N00°00'00"E a distance of 15.50 feet to the terminus of said line, the side lines of which to be shortened or lengthened to terminate at the boundary line of the land as shown in said Record of Survey. LINE 2 Commencing at a 5/8 inch rebar marking the SE corner of the NE1/4 of the NE1/4 of said NW 1/4 from which a brass cap monument marking the North 1/4 corner of said Section 7 bears N00°34'39"E a distance of 673.74 feet, thence along the East line of said East 1/2 S00°34'39"W a distance of 218.76 feet to a 518 inch rebar; thence leaving said East line S38°43'20"W a distance of 192.36 feet to a 518 inch rebar; thence N89°29' 10"W a distance of 298.04 feet to a point; thence N00°30' S0"E a distance of 67.01 feet to the POINT OF BEGINNING; Thence 10 (Ten) feet on each side of the following described line: NO1°47'34"E a distance of 61.23 feetto a point; Thence N22° 10' 37"E a distance of 126.17 feet to a point; Thence N 00°00' 12"E a distance of 449.62 feet to a point; Thence N45°06'34"W a distance of 35.19 feet to the terminus of said line. LINE 3 Commencing at a 5/8 inch rebar marking the SE corner of the NE1/4 of the NE1/4 of said NW 1/4 from which a brass cap monument marking the North 1/4 corner of said Section 7 • • bears N00°34'39"E a distance of 673.74 feet, thence along the East line of said East 1/2 S00°34'39"W a distance of 218.76 feet to a 5/8 inch rebar; thence leaving said East line S38°43'20"W a distance of 192.36 feet to a 5/8 inch rebaz; thence N89°29' 10"W a distance of 298.04 feet to a point; thence N00°30'50"E a distance of 67.01 feet to the beginning of afore mentioned Line 2; thence along said Line 2 NO1°47'34"E a distance of 56.56 feet to the POINT OF BEGINNING; Thence leaving said Line~2 and 10 (Ten) feet on each side of the following described line: N90°00'00"E a distance of 250.27 feet to a point from which the terminus of afore mentioned Line 1 bears S90°00'00"W a distance of 12.29 Feet; Thence N45°00'00"E a distance of 57.83 feet to a point; Thence N 22°30'00"E a distance of 66.67 feet to a point; Thence N00°00'00"E a distance of 167.33-feet to a point; Thence N46°38'22"W a distance of 88.09 feet to a point; Thence N67°07' 11"W a distance of 91.30 feet to a point; Thence S89°38'56"W a distance of 120.73 feet to a point on the intersection of afore mentioned Line 2 and the terminus of said Line 3. Line 4 Commencing at a 5/8 inch rebaz mazking the SE comer of the NEl/4 of the NEl/4 of said NW1/4 from which a brass cap monument marking the North 1/4 corner of said Section 7 bears N00°34'39"E a distance of 673.74 feet, thence along the East line of said East 112 S00°34'39"W a distance of 218.76 feet to a point; thence leaving said East line S38°43'20"W a distance of 192.36 feet to a point; thence N89°29' 10"W a distance of 298.84 feet to a point; thence N00°30' S0"E a distance of 67.01 feet to the beginning of afore mentioned Line 2; thence along said Line 2 NO1°47'34"E a distance of 61.23 feet to a point; thence N22°10'37"E a distance of 126.17 to a point; thence N00°00' 12"E a distance of 20.79 feet the POINT OF BEGINNING; Thence leaving said Line 2 and 10 (Ten) feet on each side of the following described line: N90°00'00"W a distance of 240.79 feet to the terminus of said line. Said described easement contains 2.71 acres more or less, and is subject to all existing easements and rights-of-ways on record or implied 98925H20_esmnt.docl8-23-00/srl ~~,n ~ ~' ~:~~.~~ 1 d'!a' '> lr„ 4~ y ,, ~,- ':~ rte.:.. 0 0~ b` -~:..;, `,;.~ ?, may' ~ y~^ )/ ° ~'- 5~ 2 -- ,...-s wn ... i~lrinlo asx ~ - ..~,.,_.,.~_,... ems, ~..,al.,~r, >; 'ou[ '~.to!ufaa,3 ~ l.ry 3 w 3 S v 3 ~\+ 1. `a+' w„ t! 31 viva ! - ~'I~~I~I1~IId nJ nloen ° E I+-. t R ,' ~ s anoea<r 301S>133?J~ , r e ~ m oz C1 ' W c r v ~ ~ ~a ~ ~ ~ O~ y 'hf ~ V W `- m z ~ `° a ~ w Z~x ~ Q xWa ~ y F+-1 E,,, " 47 x ~ ~o Q ov_z~o ° _ _ _ _ ,O8'OlS M„Ot,6Z.68N w '"z ~ ,ti0'86Z M„Ol,6Z.68N - - Q' z ~ q >{t r0 \ u - - 3f1N3Atl x3'IQtlH a 'y _ r -~.,8)M- - -r- w Z \p!~~ ~ \~~i \ v r7r' A ~~ ~~ tih ! £ 3NI~ I of :' I ~i o:o ~'l~ `------- "'I ~ I a WW1 4 ~' ~ ~ ~LZ_OSZ 3°OOy00A6N _ _ 1 $ 1;~. ~-r < / ~ -- - ~ j = I~ / /' / M 1 / ~ /' / t f 8 ~ ~ `M a / / to ,z ~ I I ~ [! ~.--------- ~ 1• I W z I ,6L'OtZ M.DO,ooA6N , t ~ o ~ to I N ~ I I r 3Nn ~ 1 1 ~g I „ ~_~~= I I i J ~ ~ I Z I ~ ~. I ~ i ~ _ ~ ~ ~ i ~ - ,c6.6£Z 34zq.6Y.s8N I 1 I ~ •~ \ i _ I \0 N ~ 1 \"J'r \ \ I ~JI 1 ~ ~ I ~Cr d'p °' I ~ ~ W I ~ ~9 ~_ .1fL'OZt M_9S.Q£.6QN b I W ~ ~ W ~ ~ ~ z_ z z J < Z WW N h ti I .tl ~ ~~ ( Q ~ N W 4.X1 W M ~~ i II ~ I ~ 1 \ N I II W I, I W 8 ~ W 1 (~ I I I I v \~~ I II # 1 ZI S 8 ~ II.o- _ ~ I I 1 .. ~ 1 o ~ Nj~Q I 1 t I ~ ( II ? I I ~ y ~ ~ \ 1 I g (~ ~ .._ __ _- ~ i ~ I -~ e9 m ' a ~I w 1 a:\A_CIVII\98925\dwg\WTRESMNT.dwg, 1 SITE, 09/27/00 04:32:55 PM, PINNACLE ENGINEERS INC. ALL RIGHTS RESERVED E ~' ~iAR 1 5 2~~0 RESOLUTION NO. ~~ ~ MAR 2 ~ 2~~~ CI'1 Y Ok G Z N of 1VLl~~il~Jlt~l~ ~i~ C-~~~.uZ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND WILLIAM D. LEAVELL AND LUCILE M. LEAVELL, HUSBAND AND WIFE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WILLIAM D. LEAVELL and LUCILE M. LEAVELL, husband and wife, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WILLIAM D. LEAVELL AND LUCILE M. LEAVELL, husband and wife, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and WILLIAM D. LEAVELL and LUCILE M. LEAVELL, husband and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION AUTHORIZING THE MAYOR TO -PAGE 1 OF 2 ENTER INTO A DEVELOPMENT AGREEMENT WITH WILLIAM D. LEAVELL AND LUCILE M. LEAVELL (~jut~-K~~ ~:rbau~, Phaa~ ZL (~~) ,~ \,J S~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~l day of ~!'GhG~-- , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2! day of ~CL-LGh~ , 2000. 4 1 Y R 4 ATTEST: ~~ i~/~~~~t.G C TY CLERK t~111141111df » ,~ '' r~ '~ FG rFY_ ~. ~~~ M y ~c~T ,~ ~ ~~~Ef}£}}}itttltl~ti~4 msg/Z:\Work\M\Meridian 15360M\Creelcside Arbor\RESOLi1TION e t i RESOLUTION OF THE CITY OF MERIDIAN -PAGE - AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH JAMES A. POST AND ROSETTA POST 4 t a 1 1 R 4 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the ~%S~1 day of f7/~CrzGft~ , 2000, the follotiving action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND WILLIAM D. LEAVELL AND LUCILE M. LEAVELL, HUSBAND AND WIFE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WILLIAM D. LEAVELL and LUCILE M. LEAVELL, husband and wife, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WILLIAM D. LEAVELL AND LUCILE M. LEAVELL, husband and wife, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and WILLIAM D. LEAVELL • .~ ~J oeri~r vRtve trt~~ „'-m• DRl ` s. _/ '- 4 O ~ f ~ f "----- --------- A9FHALT I ~_ ~ / tTrr~ i~ ~cr+ • ;I ~ EW CsATE EXISTING CEDAR Y~ ' '~~PENCc '~ a • ~ _ NEW 5'-~" WIDE :,, !„ SIDEWALK i ~ - I i ~ STRIPE . SIDEWALK I x ~ ~ ~~ `t EXISTING ~ SIDEWALY. I ? ~ ~ GR3=i=KSIDE ARBOUR ` X FNAS`c I w I i ~ ' STRIPE - SIDEWALK n / ~ ./ u ~ EXISTING ~ ~ j SIDEWALK ~ V o ,~~ z~ a ~' ~~ - X d uI/ _ _ _R _ is / / aX_Ff W VGRES9 /EGRESS THRL PHASE I TO EAST 5TH STRIFE ACROSS sT~-`'~ EXISTING- DRIVE --- ~ ~ EXISTINCzI EXISTING ~L,4UNDRY~ SIDEWALK 3 ~BU4LDIhtC= I -- -~ -NEW 5'-0" WIDE SIDEWALK TO PROPERTY LINE r-~-- k ~~ , a C? m m v~ ~' ~ m c~ ~ O ~'~ ~`~a ~ ~` _ a~ ~~ ~ m ~ ~ N C ~ 'U - ~ , C7 e Z_ e~ i z ~.,.~.,~ ____ i ,....... , _. y }:..~- 1 ... ''_'F`.. .... _ - _. i ~. 1 i - .,.~. .. . _._.... , .... .. .- y a i .- .... .. r .. 7 { .. .,,~. } _... - ._ ., .. :. ~:.. ., -k- .,.. - ' _; ... ~ _ _}_ { "~F3`~ f A~ ~ ~ .. _.. _.. ~ ~.ZiR _.~_ _... ,..._. ~ 1 i ~ ...... -_ ... _.: _... ' ~ j ~ .. -. _.. - ,~. -- ~..... 2 . ,.. S i 11 ~,, ~ ~. x. . r fi .. ~... . . ~- _ , s ; ~ - ': _k- 4 .. ~~ a" ~- :.. 1 ~ _._ ._. .. i : _., ~ .~ _. ~ ~ __ '_ i ;: i~ .., ~ _. - ~ ~ ~a ~ _ ~•~ ~.. ~ _... i ~. ~ _. .._.._ r _.~... _.. ~ _[ ~ . ._... __... _ , .. _.. _..... ~...1 '. .'.. _ r _. October 1, 1999 MERIDIAN CITY COUNCIL MEETING: ~ OCTOBER 5 1999 APPLICANT: WILLIAM 8 LUCILE LEAVELL. ~~ ~ ITEM #: 8 REQUEST: FF&CC REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE II 8 (FROM R-8 TO R-15) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: - AWAITING LEGAL DESCRIPTION CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~-; ~r interoffice ~~~~~,y ~ ~y= MEMORANDUM To: William G. Berg, Jr. cc: Mayor Robert D. Corrie and Council From: Marlene St. e Subject: Creekside Abour Phase II: RZ-99-005 and cup-99-008 Eagle Road Professional Center Development Agreement: AZ-99-008 Date: September 30, 1999 Will: Pursuant to the above file numbers, please take note that our office has been in contact with Fred Shoemaker to obtain the legal information for Creekside, Arbour Phase II. All the necessary documents have been prepared but we are awaiting approval of the legal description from Public Works, and additionally,a couple of isszres to confirm for insertion into the Findings and ~~Z: {WorkIMlMeridian 15360MI Creekside Arborl Clerk093099.Memrhe Deveropn:enrA~-eemenr. Pertaining to the Eagle Road Professional Center annexation and zoning, we have been in contact, on this day, with Andrew Simonds of Fermor, LLG; and apparently the ownership has changed, and therefore we are awaiting the proof of such change of ownership'for the subject real property. Again, all the necessary documents have been revised and are ready for Council, except we are waiting the proof of ownership along with a recorded Warranty Deed. Therefore, to keep you posted on these matters, I wanted to address them in this memo, and to inform you as to why they have not been delivered, as yet, to your office for the upcoming October 5, 1999, council meeting. Therefore, just as soon as our office receives the pertinent information, I will be delivering said documents to you. If you have any questions please advise. Z:\Work\M\Meridian 15360M\Creekside Arbor\C1erk093099.Mem VCL-UI -~J `J 1b:33 ~. -~-- ~-- "-~ rvi t' • O 2 - -~`_ k interoffice MEMORANDUM r-- _. 1 ~= (•ity Clcrk, ~I:,yor Ruhe,t D. ui • , ttil l~cwncil ~ to F C.~ier~y, lii y ~ A -; ~- ~ ' 1 ~' i.,-~ SIIb,~ect: ('r~ckxitie .4nc~,ur !'h,1SC 11 ~~ ~ ~ ~^ r ... 1q:~ Late: UCluhtr.l, 1 ~)tl9 ;~*"; ;,f z~;,;.;.-i4. pity ~,ic«i4~JZl,;° W,II, M;wt~r ~rnl (_uttnc,l: I'lcast• tittr! ;~t[~icltcti 1iru~'c FrcclJclutt'~ it~~tiatc ~~crl.utu~~ i,~ (:rcrl:~idc~ nrhtttn• h)t:,a~ Il. O,tr i,Fti~•c cltd rrc~ur~t a~~j~mv.~l ~,t tJtc Ic~itl;, ~ti•I~it:h wcrt' •ithiiutt~'~~ tt~ u~ by 1"rr~l .tiltucmal.~~r l'lr:~tic tu~i~~ this uiattcr will itut bc~ ahl~~ t,- l-c'~ruu~ht hi~l't-rr (.:<~until c1~tr tr, tlir tact «<<~ r~rr :tit! in ih~, Jirnce~~ ut ~rti'in~ i~ t~~tai~i ~- cr-rr~rr Ic,t;al t~-r the t~`~.r„~~~, ;~ntl tltr i~iniliri~ni,il u~C lt~~r,~~it ~huuld n~, hi• I~c~ucl tu~itl ih~• rrZUt1C h;t. hri•t~ r,i1a•n ~~ari~ r,r It' ~•,,,i ~huul~) ltav~~ :nay c~ur~u~>tt~ !)Ic•:t.~• a~lvi~r. ntcy%11Vm~.tM'.Af~„J~.~,, i i iGIJ.\~~j'repf,aA; nrNq,',1.vunuhgnl.,vrn~l.•~iJI(u11•NI:~~~,p OCT 01 '99 15 56 1 208 466 4405 PAGE. 01 • vc~c-vi-yy 16:33 - --- -rte....., • - • 200 Ewe Cotton SL. Su1e 100 • ~tithn, b~ho d3e~2-2lAt • • ~ • A'~^• (208i eel-?2r r F®c (Z08) 8e7-1797 Memo Ta ~. F. Gigray, 111 t1Aarler+ri St: George . lrrarR t3rt,roa Frockteton OC: Gary 0, Smith,, P, E. QeMc 10/t)1/8g R« CREEKSII]E AR80UR PHASE Q (Rezone and C'onditiprtat U9o Permit) Qear Bill and Matferte: - ' f received the new legal deecrlpdons for the rezone you sent down to me late y~sterdlay aMtemoon After ievfew, I mot situ contend that q>Cy tall way short d rrteettrg the requiremer-ts d the City oP Meriden, Arid the State Tmc Comrrrssion. Flrd d all,' Ittere isn't one si le desai the 8rtaa b t7e rE¢Orted, There are thi~ea Saporgle legate that Qemrstea three fan that dexnbes pmpeRy. two o/ which aiert't wari whltin the Oourtdariae d the subject ~e p~•OQ9 d reterertae is a ptepBrgd shanA use Y• Attarlrad for map tltat I have n8 boundpngq 01 the descri one that Your submAled to me, attd another map tttal was supplied in the ~ your office sublet! Droperty. BY gpmp~j~ 11~eae two me ~-~ a~howing the boundary d the desu~ibes ~ SWro per the ~. Y~ can see that we dont have a dexriptton ..that ~OOnRnandet10111i o'f the P18r-ning 8, ZOrbtlg CCrt*ri99ton. I feel that the ~re tor,tent d my last rrternorandum (9/15/99), wind your subsnquenl memorandum to Mayor Come. CaurlcN and t:lerk (N1t~199) arp etlN very appropd~e, Until there is hdl camplance uNth Itloee repulrerr>Bntg, I r.~r1'1 neoorm~„d or. approve the legal deecrtptions for your use in the rezone Findings, O-Llil1ar10e. Development A9~nent, nor CandHone! Use Pe+tnits, . woukf be ~ t~l the aDDIkNr1t or his te7rn just dma+Yt understand at)oul oW rY happy to a~ Ittern in gMing this matter resoaed once and for alt. requin~rnerx9, 1 ,. fro-A lhsd•k a .: BIYOS A. F..cW~gfn .. A6islarp 10 U19 CRy Qrpndq I~Aer~.n Public Wono o•o~a+wr 200E Cenlcn a., SWe 140 Mondian leeho e3e.z-290o Isoe- ee7.at, • ~e1 c~ (24A1 eel. ue~ r . VG P.03 E OCT 01 '99 1556 1 208 4b6 4405 PAGE.02 vim.. -va ->> JO -yJ _ _ • .... .... - VJ P.O4 SEC.07 6calc 26110 1f~~»~ -- ~:.~ .~ . Y~t~r f>Ae~r - S7oo -.r W~ QCB b q.~ /~fi xr f lm. NALm I ;-; E~-rAPII ~:~ - ;, ;i;' ;11~ .-r^------~ r, ~~i; SUB. ,,, --~--~ _ 1. •- - - ,, ~~ ~ ~r ;f ~ ~: _ I,1, 1~~1 ' ~ , ~ oP '1~' ~, '1 ;' ~ 1 =+` ,;,: ~; ,; ~ ~ - ^ ` " ', ~_ -- -~, SIB. ~ ~r ~ ~ .:: MILTON , , • Q,,~,,•~ - SUBDIVISION' ~ - . .. - -- ----- 11 ~~~.__~__,---- • SCHOOL ~ ~; f ; ~- ' ~ ' ~~ ; '; '~ ; ~~ ; ;i. - 3. . - . ~~ D~-~ve~c' Rri r - ~5Sd1(C _ _ ~ „~.. ~- 1 ~ SUBDIVrSI • ~~y ~ £~~ D~ :~ ~VRx< < i :1 ; ' ~- ~ L..,_.1~1G~. j.~ ;'~ - i S B ~ IV S1 NN , i ~ I' '' ~ wE -_ .. ----- --J _-•~~I ~~.L-~ F ~~ ~ ~.1 i b _ ~~ •u_ .~- o -~ , ,-- ~. , ~ z :. • STATE - _ iWE .- -- .~' , ;~v ti+ %'~ i ~ ~ -~ -~' •.:~~~N ~~ 1 % 'URY •f -r •~ ,~_ Er ~~~-~_~- ~F~ ~` ~_~ ~• - - ~ SEl6 OCT 01 '99 15 57 1 208 466 4405 PAGE.03 vcL-vi-yy 16133 -- --- •~... T-...,. ,~ -________ __ -l. __~__ 1 I I . 1 ~ f ~ ~ j- ~ ~_~---- -- `~ a ~ ~ f I I II ~ 1 o ~ I ~ I' _ _ ~ f I , ~ I { ~ I -1 .- . ~.~ - I s -~ ~ ~ ! --! I ~ i II ~ I ~ ~ ~ i; ~ i . ~ c ; r ~ ___L__„~ ~ '' I ~ i , -- - - i ----,{ I I' ~ __ i i I ~ ' I ? _.. _ I ' --~ ~ r _ v ~+ P,OS l--- 4 '~ '-L--. i k ~"' I ----~ ~` ~ ~' ~ . e, ;. 1-- •- - ~ ..., ~ i 1 -~ _ .. ~, ,: tii ' ~~ r ~ ~'L o~, ~ _., . I ~' ~~ . C ~`~~;~ iii ~ _ y~lli - i ~ ~. ,,2 ~~ OCT 01 '99 15=57 - ~ - ^7_ 1 208 466 4405 PAGE. 04 ., ,~ :~ ,f MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1999 APPLICANT: WILLIAM 8~ LUCILE LEAVELL AGENDA ITEM NUMBER: 6 REQUEST: CONDITIONAL USE PERMIT FOR CREEKSIDE ARBOUR PHASE II AGENCY COMMENTS CITY CLERK: q CITY ENGINEER: CITY PLANN{NG DIRECTOR: CITY ATTORNEY: SEE ATTACHED COMMENTS 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 MERtDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTA{N GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. s .,, ,; interoffice M E M O R A N D U M To: Mayor Robert D. Come, Coun it and City Clerk From: Wm. F. Gigray, III ~~G~/ Subject: CREEKSIDE ARBOUR PHASE II SUBDIVISION (RZ and CUP) Date: September 16, 1999 Mayor Come, Council and Will: I am addressing the above two issues that are to be items on the upcoming September 21, 1999, City Council meeting. To date we have not received the correct legal pertaining to the rezone. I have requested the Building DepartmentJPublic Works to obtain a legal which they can approve. I have attached to my memo, a memo, from Bruce Freckleton, Assistant to the City Engineer, dated 09/15/99, wherein Bruce addresses the issue of a piece of property that is currently in the county. The new legal needs to describe only the subject property within the City of Meridian, and therefore excluding the piece of property in the county. Since we are still waiting on a correct legal from Fred Shoemaker, neither the rezone Findings, ordinance, Development Agreement, nor the conditional use permit matters, are in a state to be brought before the Council, and these two items should be tabled until the next meeting until the correct legal is obtained. If you have any questions please advise. Z:\Work\IVt\Meridian 15360M\Creekside Arbor\MayorCouncilClerk091699.Mem 3~' L *~ ~©' ~Jdd ~ti101, ** ~.._....__..._.. P~-iASE ~ ! -- '~ ~~ -- r ', ..~ EX15TIrIG~ BUILDINGS }l~- - c: ... .. 1 -- R~liCs1~96 / ECsRE98 ~. TE~lJ PNA9E ~ F TO Ea9T sjTN• ~$~ i STREET l i ~ z i ..-. - j ,- P ~-y f) ~ S...AU1~iDiz'~' ® ~ BUiLDfNCs 1 L _ ~ ... b r< /~ 'i r. ~. 1 ~ A °I ~ ., ~ n 1 Y R. ~~. * .( a ' _. J~ ~.--- - k ~:, j a ,~ t _ ~~ 3.F t ti~ ,i ~;i ~ ~f , a a j' ~ W m = 0 Q a' Q ~ 0 .' ~ W Z ~ ~ ~ Q W ~ W U Q .F ~_ ,..w._....K _. M__..._ 1~.Ry~ W ~L r oar a w+w. s .a...a .wt ~^ w w~p+N .1 tan i trAy. u+rl~oa ~iw aM h~lr~ -ae.~lW wn •s. r+. y .e~.aw ~..r. try per rt u e. r b w. A.~~r .~ r~ rr~Mal~ K wn~r.~• w ~W peYK ~~ b w~wt b ..MW ra rMa aq~}[y4 mrp~Na 4 4M7 iL~fl•~nWr mfl*y-a.OO ~ Wy LLa~f-. ~~ r, ~ ~~\ S~SZ' r7'Q.. r • x , t r ~ s - ,. . ~1TE ~T-ATf STfCa ExrSTM~s ZONtNCs . R-8 . o~ za~!»~ R-!s , LAND AREA 3ib,~od0 5Q f=T. OR 1~b5 ACRES LfYM~s AAA PEl2 iAdITS ~ . f0 -_; `A' - 4 APARTMENT -UNITS f,423 $Q F'f. E.4 = ~ uN1T5. CZ f3f~RpOM, 2'~= 13aTN W/ ONE GAR ~~"' Cs~4RAGE) 2 - 'B' - 2 API~RTMf`c1VT UNITS 1,140 3Q. F"T, Ea. d UN1T8 . . Z , At?,4R'TMEN'f tlNITS f,05g 5Q. FT'. EA. = 4 UNITS C1 "8m1?OCM, 2 8~4TN W/ ONE G.4R , fs.4t8ACsE) 2 - 'C' - d ~'AR7MENt UNITS 9"75 SQ ~T. EA_ °~ = 8 UNITS t1 BEDROOM, t i2. E3ATN, {-LAND leap WI ONE C.4R GARACsE) 2 - 'D' - d APARTMENT UNITS l,004 ,SQ FT. E~ = 8 UNlTy tZ fSEDROOM, I~i~ gATN W/ ~!E CARPORT) TOTAL NUME3ER"OF IJNIT~ ~~ = b4 IJNfT3 P t -~, 56 GARQCsFS ,dT APAi?fMENTS 'A', 'B' i 'G' = 56 SPACES l~ CARPORT PARKlNCs SPACES FpR UNITS 'D' ,= 8 SPACES !00 OWN PARKMC; SPACES = !~ 3pdGES f0 ENCLOSED GAl~ACaE3 = 10 SPAGE5 TOTAL NUMBER CF PACING !14 SPACES „>~"to~c~ uNra ~ ~ 1 .d? - 6'' °~X 8' 3T41~.4CxE Ut~!!TS ._ _ _ _ _ ... -~,. , r . ~ SEP - 7 1999 ..~ r ~~ ~ ~ x /' .. .. 9 ., .. ~ ` •< ~ ~ ~ r ,.. d J - ~ ' EXf5Til~iCz , ~~ 'BUILDrNC~ ,. .. ~- ~ a B ~ w -a O U ~ Z ~ Ci z , ~ a . !` a F J a ~ s F ~~ ~~ 4~ ~~ a+ ~ u O ~ a o ,r V y V A •w B Cd . a a 01 , F ~ ~ ~ ~ w .~ ~~ ~ o ~' \ 4 ~~: l ~, /1 ~ f e• I: `~ `~ - 1 Ta ~ ~ ~. ~ ~ ~ ~v ~' ~ w i f - ~ ~-- (~ ~e Co~~r~{- L7Lvl' T`o rtc.ra,~;E S ~-~.~'~ ~ J ~ ~ 5 /~ I~ ~,~ w,° L ~ t ~, ~~ I ~~a cou~t~~~~~wu~ ~~~tN~~t Sherry, R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake,>Commissioner ~ `- ~ ~ e-mail: tellus(a)achd.a~da.id.us July 13, 1999 ~ ~//.~j~ `j ,eP«%~~ ~ 3~a°~~'• TO: William D. & Lucile M. Leavell 2484 Sunshine Drive ~~a. Boise, Idaho 83712 FROM: Steve Arnold, Senior Analyst Planning & Development Division .~ SUBJECT: MRZ99-005/CUP99-008 E Rezone R-8 to R-15/16 4-plex units Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 7, 1999. The attached staff report list conditions of approval and street improvement which are required. t If you have any question, please feel free to call me at 387-6170. ~ a y SA : CC: Chron k Project File John Edney Chuck Rinaldi ,r ----'-'"-" -"=e"='~-''~----- M ! ~ l ~ ~ ' i I I n1~, SE i l a~~ 1 ;N ff N; I ' 13J;~ ~~ ~$a~a~~~n~ t p ii ~ I'a ~~ q~~~ i ~b ~ ~j s '** t 9S I i i. E x q :p;tt ~i I I I ~~ ~~ a,~gs;•,s I ~ I ,~A 3~ ~xi~3aaya 9 6~ q~i3;~r~~ ~ I -.t.~„, l l i 9 p~ ~ q¢~~~d ~s ( ~ ' y ~ ll;~ ~ a ~I ~ ~ ~ I ~ d ~ ' I ~ \ Q ar,Qq ~ I i r'~i q4a i i ~: ~• ~ ~, `\ 1 l ~' ~"~- '~. ~ I '~~•~ .~ s i I p _ ~a\, i I N A ~ `\ ~ 1\\ II d ~ I -, ,, i ~ ~ ~~ ~ ~ i ~~„ ~ ~ ~ I I ~ °•' ~ a > ~~ ~ a I I 1 " ~~ I ~` ~ •a I •~ I ~ ~ ~ ~ ~C~ L----J •: ~ ~ ~ (I ~ ~ ;~ G ~ ~.~ .l~ ~, ~ bl ,~~; i ~ ~ ~u icy .. YI ~'~' ------~ / I i ...•~,.a~,j, 9 I E ~ ~ I I - ~ .1~r~~Q ~~a~ % •+~as r+.+vs ~r9uo r ~ . `~~~ ~ I 1 t i ~~~~t ~awc- r , `7q T ~ ~ ~ ~ f Z m ~~ F ? 4 ~ . ~~~ 1 ~~ ~~~ j ~ ~ ~ ~ ~i ~~ ~ .li. ~n ~~F~43 ~ i~ R ~ ; € :: ~ ~~a~C 9tY!{ ~ .. ` f-gamp a3 p 3 ~ 3 ~7JC .. 9 t w'~ /iw~6LT•760tdt1t 11L:~~.~i a~ ~ o • tr~arr~ w w~ ~Y/~M Mi ~~~w titer . ^+i 3 f f~i ~y ff ~d;~~3~~~s& ~& zao t 7 ~ ii S4~ a.a `S~ _~ ° I~~~~i~L'~~~~ ~ ~Ft f~~.. c~~ 9..~1 0' a ~aa~f~ ~e ~ .~~ ~~ ~ ian~gl~y - t L ~ p ~f~i b~al: F kE < ~ ae"`-~;e s ~ ~ r~ :,='3i ~ ~,a a g~~~::2q`- ~ q~~ ~~ k $} yy~ i'~e~ ' :: ~~ ~~ 6 ~,~ @s q f ~ 9 ~ ~~~ S ~~ 8 d i ° ea _~~ _~ e. e :Q °5 t, Facts and Findings: ~~ A. General Information Owner -William D. and Lucile M. Leavell Applicant -same . R-8 -Existing zoning R-15 -Requested zoning 7?65 -Acres 16 -Proposed building lots 64 -Proposed dwelling units 269 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial Traffic count of 24,225. on 11-4-97 70-feet of frontage 120-feet existing right-of--way (60-feet from centerline) No additional right-of--way required Fairview Avenue is improved with a 5-lane street section with no curb, gutter or sidewalk. Badle_v Avenue Local street with no bike lane designation No traffic count available 50=feet of frontage 50-feet existing right-of--way (25-feet from centerline) 50-feet ofright-of-way required for its extension Badley Avenue is improved with'a 37-foot street section with curb; gutter and sidewalk. B. 4 Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at387-6280 (with file.numbers) for details. C. On May 13,.1997, the Commission reviewed and approved Elvira Subdivision, a 41-lot residential subdivision on 10.85-acres. That site~is located 600-feet south of Fairview Avenue and 1,100-feet to the east of 2 % Street, and abuts the subject site's southeast property line. tiIRZ9900~.C~~i~i Pa~_e 2 J. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. If the reaone is approved and the District,receives a`development proposal, the•District intends to. provide the following requirements, in addition' to any additional requirements: th"'at may apply upon District review of future development, to the City of Meridian: '` w ~ ~ ,~~~ Site Specific Requiremepts , ~ ``~ ' - c . - ,, ,. ~ a >.. 1. ~ Dedicate 60-feet ofright-of--way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or"execution{oPa warranty deed prior to issuance of a building permit (or other`required permits), whichever occurs first. The owner will be compensated'forah right-of--way dedicated as an~addition to existing right-of--way from available impact fee revenues in this benefit zone; if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section ,15 of ACRD Ordinance #188.. ~r 2. Provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. .. M `i < , `,. 3. Provide a public'roadway from Fairview Avenue to a point between 300 and 460-feet south of Fairview Avenue. Construct the roadway adjacent to .the west property"line as one-half of a 37- foot street section plus 12-feet of additional pavement with curb, gutter, .and sidewalk on the F east.. side of the road within 42-feet ofright-of--way. "Provide a paved temporary turnaround • with an easement for"the `turnaround=provided to the District. Coordinate the lengthµ`of the roadway with District staff. ~ ~~ 4. Constnict a 5-foot wide detached sidewalk on Fairview Avenue abutting the site. The sidewalk shall be located two feet within the new right-of--way of Fairview Avenue. Coordinate the $: elevation and location of the sidewalk with District staff. 5. , _ As required by District policy;`restrictions on the'width, number~and locations of driveways. `-shall be placed on future development of this parcel. ~ ~ 6. Other than the public road specifically approved with this application, direct lot•or~parcel access to Fairview Avenue is prohibited. r r , Standard` Requirements: ~ p ~ ~ , 6 . :_p[ f 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. T~~i ~ R shall specificall~r identify ~ h re tuirement to be reconsidered and incl td a written explanation of tvhv such a requirement wnnl~i rPCiilt ;n ~ substantial hard hip or inequity ~~ The written west shall be submitted to the Di tric` no 11ter`than 9•~0 a m on ]ie d1,~~es~1_~tJ fs~r ACHD Commission ~~rinn aThose items shall be rescheduled for discussion with .the . Commission on the nett available meeting agenda:., , fisi ff _. MRZ9900~.CM ~i Pa~e'4 l Page 6 ~ ~ I i ~ ~ _ ~ ~ - ,. I , ~~ ~ ~ ~.~ ~ I it iI ~ ~ i _o ~.._..l ~ ~ I ~~a ~ f s I i I i ~ ~ ~ ~ 1 i i J i I' ~ I 1 ~' ~ ~ ~ t r•-. ~ .. ~ .. .. ~ • i I I i I ± i ;~ ~ ,~ _, ~ : _~ ~ ~ -__ - _ _ _ _ ._ -... _ -- i ~ ~ C~ _ __ ~ ,_, . - ,; .. , ~ ._ .:. i I _ ~ - •I ~ . t _- ~ ~ : ~~ _ -- _ _ ~ _ -- - = .. BA B I -. ~ ~ .. _. _ I ~ ~^s ,!I .. ~~•.. i i ;~ i • ~ ~ i I i I I j•. i i ~ I..._,,,~; ~ ~ ~ i 1 - ~.., ~ . ~•- -- ' -- ~~ .. 1 • ,,,,.• ~`• 1 H 2OiZ0 • d '£68099b n I 1.5zt~,~a~A~ .cuvnm -„ ~~~ , „ , ~ .,:.-. _ __ D. As a condition of approval for Elvira Subdivision, the applicant was required to stub Badley Avenue to their west property line, the subject site's east property line. The District did not require the applicant to provide minimum off-site roadway improvements to;Badley Avenue from its terminus, west of the applicant site's east property line, because there was no right-of- way in which to do improvements. The roadway was planned to be completed when the subject site redeveloped. E. The applicant is not proposing to extend Badley Street From its current terminus to the west property line. The applicant is proposing private roads to access the site. Staff recommends that the applicant be required to extend Badley Street from its existing terminus at the east property line, to the western property line as a 37-foot street section~with curb, gutter, and sidewalk within 50-feet of right-of--way. Extending the roadway will provide a grid system within an area which lacks adequate circulation. At the July 7, 1999, Commission meeting, the Commission granted the applicants request to not extend Badley Street from its current terminus to the west property line. Instead the Commission required the applicantto provide a paved pedestrian pathway in the alignment of Badley Street extended from its current terminus to the west property line. F. The applicant is proposing a private road off Fairview Avenue. Staff recommends that the applicant be required to construct the private~road as a public roadway, from Fairview Avenue to a point between 300 and 460-feet south of Fairview Avenue, in order to provide vehicular circulation within an area that lacks an adequate grid system. When the parcel to the west of the roadway extension redevelops, the District should require the applicant to extend the road ,;, through their site to Badley Street. As a public roadway, the applicant should be required to construct the roadway adjacent to the west property line as one-half of a 37-foot street section plus 12-feet of additional pavement with curb, gutter, and sidewalk on the east side of the road within 42-feet ofright-of--way. The applicant should also be required to provide a temporary turnaround with an easement for the turnaround provided to the District. The west side of the roadway will be completed by the parcels to the west when they redevelop. A.public roadway in the location proposed by District staff will require a variance of the 220- footoffset requirement from the existing driveways on Fairview Avenue. The driveway to the west could be combined with the proposed roadway when the parcel to the west redevelops. G. In accordance with District policy, the applicant should be required to construct a sidewalk on Fairview Avenue abutting the site. The sidewalk should be located two feet within the new right-of--way of Fairview Avenue. Coordinate the elevation and location of the sidewalk with District staff. ~H. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of--way. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on firture development of this. parcel. MRZ9900~.CNtvi Paee 3 Requests submitted to the District after 9:00 a.m."on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda- and report_ to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless.removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee ofS110.00. Thy er Bluest for recon id r~tinn ~t,~[[ specificall, id nti y each requirement to be reconsidered and in 1 [de wri tP„ r~nrnmPnt~tinn nF data the w~ no wail~hlP to thA („nmmiccinn ~,~ ~tiA t:,,,e F'~ '~villal deG1S[OCI The request for reconsideration will be heard by t11e District Commission at the next regular meeting of tl~e Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction iri accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable -ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Constnuction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-~vay. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and le;al restrictions in force at the time the applicant or its si[ccessors in interest advises the Highway District of its intent to change the planned Use of the subject ~- property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. v MRZ99005.CVIM Pay=e i • + ~ ~ a. Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and. Development Division at 387-6170. ' Submitted by: Date of Commission Action• Steve Arnold .Tiny 7. 1999 E ~iRZ9900~.C~1~I Page 6 j t. , . ,~ I MERIDIAN PLANNING & ZONING MEETING: AUGUST 10 1999 APPLICANT: WILLIAM 8 LUCILE LF~-VELL ITHI/INUNEiER: 3 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE 1 & II (PROPOSED CREEKSIDE ARBOUR PHASE II AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER 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: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: ` All Materials presented at public meetings shall become property of the City of Meridian. '~ ,:._ .~ Meridian Planning ana _ooing Commission Meeting July 13, 1999 Page 14 Sims: Nine. De Weerd: Nine, okay thank you. Mr. Chairman I would move that we continue this public hearing till August 10tH and hopefully we have comments END OF -SIDE ONE Borup: Second. MacCoy: All in favor? MOTION CARRIED: ALL AYES MacCoy: Ayes have it, Thank you very much. Well done. ITEM 3. CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR- PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM & LUCILE LEAVELL-END OF 5T" NORTH OF CREEKSIDE -ARBOUR PHASE I & SOUTH OF FAIRVIEW: MacCoy: Since we have just continued the public hearing for 2 and since 3 is connected, what's the Commissioner's viewpoint. Barbeiro: Mr. Chairman I move that we continue Item 3 for our August 10tH meeting. De Weerd: I second. MacCoy: All in favor? MOTION CARRIED: ALL AYES ITEM 4. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR AMULTI-FAMILY 96 UNIT APARTMENT BUILDING FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: MacCoy: As f reported earlier, we had a letter which requested this be moved to August 10tH, it says it is a continued public hearing, is anyone here wanting to make a comment about this now. If not we will move on. It is going to be on our August 10tH agenda. Seeing none, Commissioner's. De Weerd: Mr. Chairman, I move that we continue the request for condition use permit for Cobblestone Village to August 10-to what-August 25tH t i `~ s, `, MERlDlAN PLANNING & ZONING COMMISSION MEETING: JULY 13 1999 APPLICANT: WILLIAM 8~ LUCILE LEAVELL AGENDA ITEM NUMBER: 3 REQUEST: CONDRIONAL USE PERMIT TO CONSTRUCT 16 FOUR PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I ~ q (PROPOSED CREEKSIDE ARBOUR PHASE II) AGENCY __~~, COMMENTS `'` CITY CLERK: SEE ATTACHED MINUTES FROM 6/8199 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: ~~ 1 D CENTRAL.DISTRlCT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: F IDAHO POWER: US WEST; INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. .~l ~ ti i-4 4 ~i ~~~` ~~9~ CITY OF MERIDIAN PL ~'~1~~, ~- ~?NIN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 ` ~`~ ~ ' ~~ Fax: (208) 887-4813 _~Z' q- q-~s ~ ~; C'r r~r~~ r, APPLICATION FOR O REZONE ~ ~ ~ ~ ~ 199g Cis:s• ~~r `~T~ririian. APARTMENT COMPLEX PROPOSED NAMEOF~~X1~~ rRFFUSSIIE ARBOUR PFlASE~I GENERAL LOCATION: END OF 5TH, N. OF CREEKSIDE ARBOUR PHASE I TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): M_ULT_T-FAMTr,v nwRT.r,TN(~ ACRES OF LAND IN PROPOSED ANNEXATION: 7.2 6 5 PRESENT LAND USE: NoT IN IIHE PROPOSED LAND USE: CONSTRUCT 16 4-PLEXES WITH :POOL & CLUBHOUSE PRESENT ZONING DISTRICTS `~ R- 8 PROPOSED ZONING DISTRICT: R-15 APPLICANT: WILLIAM D. & LUCILE M. LEAVELL ADDRESS: 2720 S. ARIEL, MERIDIAN, ID 83 OIL; 884-2095 ENGINEER, SURVEYOR, OR PLANNER:~.p,~ R ~ rn gp PHONE: 3 3 6 -1419 ADDRESS: 355 s 3RD sT ., T~oT~F, Tn a~70~ OWNER(S) OF RECORD: WILL~bM D. & LUCILE M. LEAVELL PHONE: _884-Zn~S ADDRESS: 2720 S. ARIEL, MERIDIAN, ID 83642 Signature of Applicant Application for Re-Zone I. APPLICANT: William D. & Lucile M. Leaven, 2720 S. Anel, Meridian, Id 83642 Phone: 208/884-2095 2. OWNER: William D. & Lucile M. Leavell, 2720 S. Ariel, Meridian, ID 83642 Phone: 208/8842095 PROOF OF TITLE: Exhibit 1. 3. NOTARIZED REQUEST FOR ZONING AMENDMENT:~ We, William D. & Lucile M. Leavell, the owners of the subject property, legally described in exhibit 2, aze hereby requesting a re-zone of the property from the current R-8 status to an R-15. V.~illiam D. Leavell and 1=~~1..' li, ~~' ~ ~,~--'~-2~ -p Lucile 1I~Leave Date: ~~ X99 State of Idaho ) ~ S.S. Coun~f Ada On this ~,2-~ =' " day of ' ~ ,`t..' in the year of 1999, before me, Lynn Jenkins, a Notary Rtblic in 3 and for said State, personally appeare~~`1~~liam D. & Lucile M. Leavell, known or identified to me to be the persons whose name is attached to the foregoing request for zoning amendment, and acknowledged to me that they executed the same. II'? ~TJI":'NESS WHEREOF, I have hereunto placed my official hand and seal the day and year in this Certificate first above written. ~: s e of ublic f~ o. a Residing at: N a, ID. 1 My Commission Expires on January 27, 2003. 4. LEGAL DESCRIPTION OF SUBJECT PROPERTY: See attached exhibit 2. 5. DESCRIPTION OF PRESENT LAND USE: Not in use. 6. DESCRIPTION OF PROPOSED LAND USE: Multi-Family Dwellings (4-Plexes). A total of 16 four- plexes are proposed with amenities of swimming pool and club house designed for use by the tenants of phase I also. 7. PRESENT ZONING DISTRICT AND JURISDICTION: Zoning: R-8 Jurisdiction: Meridian, Id 8. PROPOSED ZONING DISTRICT: R-15 9. CHARACTERISTICS OF SUBJECT PROPERTY: See exhibit 3. 10. NECESSITY OR DESIRABILITY OF DEVELOPMENT: See exhibit 4. 11. COMPREHENSIVE PLAN: See exhibit 5. 12. MAP 1" = 100': See attached exhibit 6. 13. VICINITY MAP 1"=300': See attached exhibit 7. 14. MAILING LIST OF PROPERTY OWNERS: See attached exhibit 8. 15. FEE: Check # ,~~~ for payment of fee is attached. 16. I, Lynn Jenkins, a representative for William D. and Lucile Iv1. Leavell, do hereby sweaz to post the subject property 1 week before the public he ~ ~ ~ ~ ~,Q, 17. We, William D. and Lucile M. Leavell, have read the contents of ~ pplication for Re-Zone and declare that the information contained herein is true and correct. // Gi~~~ / THL9 FORM FURNISIn?D COURTESY OP; STEWART TITLE OF IDAHO, INC. READ do AFPAOVED BY ORANfEG(S): ~/~ ~ v nor ~.~ ~ ~ ~ . ADA r . , ; i Y, I D. FOR STEWAFiT TITLE RECORD~_R BY . 9~ 92 APR ~0 PPl 4 49 ABOVE TIi1S LBJE FOR RECORDING DATA Order No.: 92032925 PW WARRANTY DEED FOR VALUE RECEIVED ALLEN L. GENTRY, ALSO KNOWN AS ALLEN GENTRY AND ",~MABEL GENTRY, HUSBAND AND WIFE GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto WILLIAM D. 'LEAVELL AND LUCILE M. LEAVELL, HUSBAND AND WIFE GRANTEE(S), whose current address is: 2484 SUNSHINE DRIVE, BOISE, IDAHO. 83712 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes apart hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises aze free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: April 30, 1992 ~i~~ ~~y ~h /mil-L~L~V~-{ G.. ALLEN L. GENTRY ~ MABEL GENTRY .r!%i ' STATE OF ~ •,.IDAHO ) _~.` ~~ 'fr ci': Qn~hiss,, 30thday of April , in the year of 1992 ,before me, the undersigned, a Notary P*blic in ar~d foz said~State, personally appeared ALLEN L. GENTRY AND MABEL GENTRY ~. ~; P a ,i,~ ., . known or identified Ito me to be the person(s) whose name(s) is/are subscri ed to the within instrument, and ackna~4le~d~ed;tp'rne that he/she/they executed the same. .: •. '. Signature: 1G~/l/ ~~ Name: DEBRA M. ANDREWS (type or print) Residing at: BOISE, IDAHO My Commission Expires: 08f 19/97 Creekside Arbor Phase #2 Legal Description s A Parcel of land as described in Warranty Deed Instrument No. 9227732 and situated in the NE1/4 of the NW1/4 of Section 7, T.3.N., R.I.E., Boise Meridian, Ada County, Idaho and described as follows: Commencing at a Brass Cap Monument marking the North 1/4 corner of said Section. 7, thence along the East line of the NW1/4 of said Section S00°34'39"W (S00°00'00"W) a distance of 673.74 feet to a 5/8" rebar and the POINT OF BEGINNING; Thence continuing along said East line S00°34'39"W a distance of 218.76 feet to a 5/8" rebar; Thence leaving said East line S38°43'20"W a distance of 192.36 feet to a point; Thence N89°29'10"W (S89°56'20"W) a distance of 510.80 (510.67) feet to a point; Thence N00°33' 16"E a distance of 351.65 feet to a point; Thence N88°49'42"E a distance of 239.97 feet to a 1/2" rebar; Thence N00°36'17"E a distance of 624.09 feet to a 5/8" rebar on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way N88°35'36"E a distance of 64.13 feet to a point on~the centerline of Five Mile Creek; Thence leaving saidright-of-way and along the centerline of said Five-Mile Creek the following courses: Thence S00°44'24"E a distance of 305.75 feet to a point; Thence along-the arc of a curve to the left having a radius of 30.00 feet, a central angle of 61°32'59", an arc length of 32.23 feet, and a long chord bearing S31°32'36"E a distance of 30.70 feet to a point; Thence S62°20'48"E a distance of 322.40 feet to a point; Thence along the arc of a curve to the right having a radius of 60.00 feet, a central angle of 17°52'43", an arc length of 18.72 feet, and a long chord bearing S53°25'31"E a distance of 18.65 feet to a point on said East line of the NW1/4; Thence leaving said centerline and along the said East line S00°34'39"W a distance of 125.31 feet to the POINT OF BEGINNING. Said parcel contains 7.58 acres more or less and is subject to all existing easements and rights-of-way of record or implied. ~~ a~ ~i 3~ tarry r. knopp architect • planner • n.c.a.r.b, certified Mazch 26, 1999 CITY OF MERIDIAN PLANN]!NG DEPARTMENT 33 EAST IDAHO STREET MERIDIAN, IDAHO 83642 RE: CREEKSIDE ARBOUR APARTMENTS -PHASE II REZONE -EXHIBIT #3 To Whom It May Concern The main chazacteristic of the subject property for The Creekside Arbour Apartments - Phase II development is the adjacent Five Mile Creek along the east property line. This provides for a natural boundary or sepazation for the neighboring pazcel. The topography otherwise is level and therefore conducive to developing this type of project. Should you have any questions regarding this submittal, please don't hesitate to contact me. SINCERELY, Oscar E. Saavedra Designer -Planner OES:jck Cc: File 355 South 3rd Street • Boise ID 83702 • Zoe 336-1419 • Fax 2oa 343-2247 f ~. tarry r. knopp R architect • planner • n.c.a.r.b, certified i March 26; 1999 CITY OF MERIDIAN PLANNING DEPARTMENT 33 EAST IDAHO STREET MERIDIAN, IDAHO RE: CREEKSIDE ARBOUR APARTMENTS PHASE II REZONE - EXI~BIT #4 To Whom It May Concern, The above reference project as proposed is a desirable development due to the fact that it will be in keeping with what was begun with the adjoining property. This project will be a continuing program that was established by The Creekside Arbour Apartments Phase I. The fact that it will be constructed to the north of Phase I and will not require any additional accessibility, but will use an existing entrance to these two properties only makes for a cohesive project. This provides neighboring properties with undisturbed vehicle circulation. I look forward to working with you in what ever manner, to make this project a reality. SINCERELY, ~r..--~j~-L~-` Oscar E. Saavedra Designer -Planner OES:jck Cc: File 355 South 3rd Street • Boise ID 83702 • 2oa 336-1419 • Fax Zoe 343-2247 tarry r. knopp architect • planner • n.c.a.r.b, certified March 26, 1999 CITY OF MERIDIAN PLANNING DEPARTMENT 33 EAST IDAHO STREET MERIDIAN, IDAHO 83642 RE: CREEKSIDE ARBOUR APARTMENTS -PHASE II REZONE - EXEIIBIT #5 - To Whom It May Concern, This proposed development will relate with the City of Meridian Comprehensive Plan in that it will provide for an In-Fill project that will be conducive to its adjoining properties. This project will provide for additional apartment housing which is located in Meridians central core and therefore having access to retail, commercial and municipal buildings. We look forward to providing a project that will enhance Meridians already expanding amenities. SINCERELY, Oscar E. Saavedra Designer -Planner OES: jck Cc: File -355 South 3rd Street • Boise ID 83702 • 2os 336-1419 • Fax Zoe 343-2247 r ~ !!~%1 f-l (~ 1e { .y -..__ISN1Mlili ~4'YlNS~~__~ i~ w~ ~ c ! I } ~ ~~~ ~ ~,-~,J/ _ ~~ ~~ ~ .fit ~~~ ~-~-~ ~~~v ~~ ~~~ ~~-~~_ a..._._..or_.. .a ~~~ ! ~_ ~t- i i k 1 { t ~ ~ ~i~rt ~ouae ~ i.Y tR.1t~ -~° FEB 26 '--99 09~ 03 FR'.PUBLTC WORKS .~ a ~~ ~.w. 2088_8?129?n TO 4660893 .~~'" ~ '~P 02102 ~ .`~` ` x ` r +~ rt ~ . 1 ~."~[ • ' i.` ~ ~, A '^hyr q _ ~,r`; ~ tt t r"44 i/~'. "Y ~ ` i ~ . "~ vim' ~ ~...s,.~ < ~~-. 'qt, t, ~. ~ ., - i r Jf{ - ~ r - r~ -k' ~ "t r ~t`,$ 3 z ~ ~ tie 3.'•/ k'\'i /~" '» ~ ` / r •'.'y 4. .ac ~ °"i „~< I fir.... ~; K ~",-- .^.,'~`r '~ - 1. ~, ~~ wa`.c~,. ~,r..-~~~~ i.Y:'.~ ~~. 1~~ s _~` `, y,. ~!~. ~~rs+\r ~' F~ ~ ~~ ~i i-j,-~,. .. ~ , . _ •~ L~... r+'ty`f.: ~ ~ F£ ` ~ ~ /..~ ~'3 L ~~~ t j ~/"'i Y Y~~r~r ~». 4 S ~ ~~ t~'t^ C~ l / // t/ v f _° .q'i-. 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'~'t. s~•,~. tY _.,+ ~'SY+~rti. , `'~. ~i ~- ~- . ~I~x i7s(+,~'i" ~~.7.5,-,.. ^^:~~ ~, t+L'-l~r$_+".B, :t _ Fr_'•~ c_:.9 ~t~~ ,. +~JE :f~ ru r . ~ r _. ~ _. .~i: .. .. u, ~`2i2 r _ ~' . _~GL` 'F ' HT:.:.) ii'md. Memo Ta Lynn Jenkins Frown Steve Siddoway, Assistant Planner CC: Shari Stiles, Planning Director Dales 3/3/99 Re: ~Creekside Arbour Fha~ Applications n The fdlowing items are needed to complete the applications: Rezone Legal description must be signed and stamped by a registered land surveyor. Please verify with the land surveyor that the legal description goes to the centerline of all adjacent roads and right-of-~nrays. Conditional Use +/ Notarized consent of the property owner Building elevations and a list of construction materials for all buildings. Site plan needs to show utilities, i.e. water, sewer, electriaty. 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