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HomeMy WebLinkAboutCrane, Charles AZ 99-013Mayor ROBERT D. CORRIE i .di Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208) 884--1264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)'884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ -99-013 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD BY: CHARLES CRANE LOCATION OF PROPERTY OR PROJECT: 3610 W. USTICK ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS 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: �� '61' 9 r , ,- /3'k --,'i z2/. � L67F,- F,- ivo Ah t-1 e 0 MEMORANDUM: September 20, 1.999 To: Mayor & City Council From: Steve Siddoway, Assistant Planner Bruce Freckleton, Assistant to the City Engineer Re: Recommendation to City Council in the matter of the request for Annexation and Zoning of 1.9 acres at 3610 W. Ustick Road by Charles Crane Case No. AZ -99-013. We have reviewed the Recommendation to City Council for this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. As written in the Recommendation to City Council (page 3, 1.7-1.12), the ACHD requirements for constructing sidewalks along Ustick, etc. would become effective immediately. This should be corrected to reflect ACHD's intent to require them as part of any future development application, but not as part of the annexation, zoning, and one-time lot split proposed by the applicant. The ACHD letter dated July 28, 1999 states that "if ...the District receives a development proposal, the District intends to provide the following requirements..." 2. The applicant has requested a delay in the requirement to pay assessment fees and connect to City services. The requirement for assessment fees and connection to City services will become effective upon sale of any portion of the property. a BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CHARLES CRANE, THE APPLICATION FOR ANNEXATION AND ZONING OF 1.9 ACRES FOR AT 3610 W. USTICK RD.,MERIDIAN, IDAHO Revisions 01-26-00 RECErVED AUG 2 8 2000 CITY OF MERIDIAN PLANNING & ZONING Case No. AZ -99-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having` come on for public hearing on September 21, 1999, and continued to October 5, 1999, and Shari Stiles appeared and commented, and the Applicant, Charles Crane, appeared and the matter was continued for public hearing to November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant and owner, Charles Crane, and no one appeared in opposition, and the matter was reopened for public hearing on January 18, 2000, and appearing and testifying were Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works, and the applicant, Charles Crane, appeared and testified, and no one appeared in opposition, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing and the reopened public hearing on the application for annexation and zoning were published for two (2) consecutive weeks prior to said public hearings scheduled for September 21, 1999 and January 18, 2000, 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 week 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 21, 1999 and January 18, 2000, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code H 67-6509 and 67-6511, and HI1-2-416E 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 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 which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 1.9 acres in size. The property is located at 3610 W. Usticic Road. 5. The owner of record of the subject property is Charles Crane, of 3610 W. Usticic Road, Meridian, Idaho. 6. Applicant is the owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of a single family dwelling. S. The Applicant requested the property be zoned as Meridian City Low Density Residential (R-4) defined at 11-2-408(3). 9. The proposed site of the subject property is located north of Usticic FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Road approximately 1,000 feet west of Ten Mile. 10. The subject property is bordered to the south by Englewood Creek Estates Subdivision, to the north, east and west by rural agricultural property. The city limits of the City of Meridian are adjacent and abut to the south of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. 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. 13. The Applicant/Owner has no present plans to develop the property other than to divide the property and sell one parcel, but anticipates it will be developed as Low Density Single -Family Dwellings. 14. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Single Family and Rural Residential Housing. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. This matter was reopened for public hearing in order to receive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE additional evidence and clarification of the requirements of the Ada County Highway District for this application. 17. The Council received a report from Larry Sale, Planning and Development Supervisor, of the Ada County Highway District, dated December 21, 1999, which provided in its relevant parts: "In this case, the staff report [referring to the earlier report that had set out certain dedication conditions for which the hearing was reopened to clarify] provided serves to let the applicant know what ACHD improvements will be required, when and if the site redevelops. ACHD does not have any requirements for the rezone of the site at this time." 18. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the recommendations of the Engineering Department and the Planning and Zoning Department as follows: 18.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 18.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 18.3 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER'GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 0 0 landscape irrigation. 18.4 Applicant shall coordinate utility connections Nvith Meridian Public Works Department. 18.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creel-, must be protected and maintained as per section 5.3 of the Comprehensive Plan. 19. The Meridian Planning and Zoning Commission approved the application as annexation and zoning for R-2 Rural Low Density Residential. 20. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 18, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 21. It is also found that the development considerations as referenced in Finding No. 18 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE a potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 22. It is found that the zoning of the subject real property as (R-2) Rural Low Density Residential District allows only two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Single Family and Rural Residential Housing. 23. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 23.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 23.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 23.3 The application is consistent with Meridian's self identity. 23.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 23.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 23.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 24. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The Citysof Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 1I- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, FINDINGS_OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 0 i citizens of -Meridian and to insure that these facilities are available to all residents of the City. 4 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land throtigh the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 3 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Rural Low Density Residential District, (R-2) is defined in the Zoning Ordinance at 11-2-408 B. 1. as follows: (R-2) Rural Low Density Residential District: - The purpose of the (R-2) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity or rural residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-2) District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single- family dwelling units on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). c 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE • 0 S. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-2417 D of the Zoning and Development Ordinance provides x in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 1.9 acres to Rural Low Density Residential District (R-2) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 1.9 acres. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY CHARLES CRANE description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development to -wit: 3..1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 3.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 3.3 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. 3.4 Applicant shall coordinate utility connections with Meridian Public Works Department. 3.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-2) Rural Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Residential District (§ 11-2-408 B 1 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. 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 is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the / �� day ofF_ed&-a_a,,ty,,2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED Gtr COUNCILMAN I(EITH BIRD VOTED —Alk— COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED z�_ MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED: �` ��� c� O MOTION: APPROVEISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 0 0 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By Dated: 2 ity Cleric msg/Z:\W6r1c\M\Meridian 15360M\Crane, Char1es\AZFfC1s FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE January 26, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1, 2000 APPLICANT: I CHARLES CRANE C"FF1GL'-1 AGENDA ITEM NUMBER: REQUEST: REQUEST FOR ANNEXATION AND ZONING TO R-4 BY CHARLES CRANE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED FINDINGS Materials presented at public meetings shall become property of the City of Meridian. JULIE KLEIN FISCHER WM. F. GIORAY, III BRENT JOHNSON D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR • ALSO ADMITTED IN WA • i WHITE, PETERSON, PRUSS, MORROW & GIGRAY,,RA- ATTORNEYS AT LAW PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 STEPHEN L. PRUSS POST OFFICE BOX 1150 ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 TODD A. ROSSMAN TEL (208) 288-2499 DAVID M. SWARTLEY F TERRENCE R. WHITE• FAX (208) 288-2501 EnlailviaIntemet@wtgCwppmg.com January 25, 2000 William G. Berg, Jr. City Cleric 33 East Idaho Meridian, Idaho 83642 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE Cis j ; !�:1j ' Re: CHARLES CRANE (Revised AZ Findings and Development Agreement, Resolution and Certificate of Clerk) / AZ -99-013 Dear Will: Please find enclosed the new revised Findings of Fact (dated 01-20-00) and new Development Agreement, Resolution and Certificate of Cleric. Please replace these new documents with the previous ones forwarded to your office. Please note in the Findings the revisions are as follows: 1. In the beginning paragraph the date of the reopened public hearing has been added, and who appeared and testified. This information is also added in Finding of Fact number 1, pertaining to the reopened public heating date. 2. In number 13 please note the language added is as follows: "/Owner has no present plans to develop the property other than to divide the property and sell one parcel, but anticipates it will be developed as Low Density Single -Family Dwellings." 3. Added a new Finding 16 and added a new Finding 17. 4. Renumbered the old Finding 16 through the remainder of the Findings. (The old 16 is now 18) 0 William G. Berg, Jr. January 20, 2000 Page 2 5. In the new 18 all the language from 18.7 on has been deleted. (Pertains to the ACRD) 6. In the Decision and Order everything has been deleted from 3.7 on. (Pertains to the ACRD) 7. Additionally, in the Development Agreement, in section 5 number 5.2 was deleted, and all the language pertaining to the ACHD. 8. Also, in section 6 the Section 6 has been changed td Section 5, and a last sentence added. Please note that the public hearings are now closed on this matter, and it is now submitted for Decision by the City Council. The enclosed Findings have been prepared by the City Attorney's office at the direction of the City Council for its consideration and action at the City Council meeting on the 1 st of February, 2000. The Findings shall not become final until the Council takes action thereon. Please note this matter is a quasi judicial matter to which due process and open meeting law apply. The Mayor, City Council, Staff and City Attorney's office will not discuss these Findings with applicants and/or affected parties. This is to protect the integrity of this due process matter. Additionally, please note that the Annexation and Zoning Ordinance was sent to your office on November 9, 1999, along with the Certification of the City Cleric. Therefore, you have those documents already in your possession. We thank you for your courtesy in this regard and if you have any questions please advise. Very t rul y Yurs, Wm. F. Gi a I �Il Enclosures cc: Mayor Robert D. Corrie (letter only) msg/ZAWork\MWleridian 15360M\Crane, Char1es\Berg012500.Ltr ' • Revisions 01-26-00 CITE OF INYi BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CHARLES CRANE, THE APPLICATION FOR ANNEXATION AND ZONING OF 1.9 ACRES FOR AT 3610 W. USTICK RD.,MERIDIA.N, IDAHO Case No. AZ -99-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 21, 1999, and continued to October 5, 1999, and Shari Stiles appeared and commented, and the Applicant, Charles Crane, appeared and the matter was continued for public hearing to November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant and owner, Charles Crane, and no one appeared in opposition, and the matter was reopened for public hearing on January 18, 2000, and appearing and testifying were Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works, and the applicant, Charles Crane, appeared and testified, and no one appeared in opposition, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing and the reopened public hearing on the application for annexation and zoning were published for two (2) consecutive weeks prior to said public hearings scheduled for September 21, 1999 and January 18, 2000, 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 week 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 21, 1999 and January 18, 2000, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE E k 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 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 which is the subject to the application for annexation and zoning is described in the application, and by.this reference is incorporated herein as if set forth in full. The property is approximately 1.9 acres in size. The property is located at 3610 W. Ustick Road. I , 5. The{owner of record of the subject property is Charles Crane, of 3611'0 W. Ustick Road,, Meridian, Idaho. I 7 Applicant is the owner of record. The property is presently zoned by Ada, County as Rural Transitional (R -T), and consists of a single family. dwelling. 8. The Applicant requested the property bezonedas Meridian City Low Density Residential (R-4) defined at 11-2-408(3). 9. The proposed site of the subject property is located north of Ustick FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Road approximately 1,000 feet west of Ten Mile. 10. The subject property is bordered to the south by Englewood Creek Estates Subdivision, to the north, east and west by rural agricultural property. The city limits of the City of Meridian are adjacent and abut to the south of the subject property. 11. The property -vvhich is the subject of this application is within the Area of Impact of the City of Meridian. 12. 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. 13. The Applicant/Owner has no present plans to develop the property other than to divide the property and sell one parcel, but anticipates it will be developed as Low Density Single -Family Dwellings. 14. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Single Family and Rural Residential Housing. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. This matter was reopened for public hearing in order to receive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE additional evidence and clarification of the requirements of the Ada County Highway District for this application. 17. The Council received a report from Larry Sale, Planning and Development Supervisor, of the Ada County Highway District, dated December 21, 1999, which provided in its relevant parts: "In this case, the staff report [referring to the earlier report that had set out certain dedication conditions for which the hearing was reopened to clarify] provided serves to let the applicant know what ACHD improvements will be required, when and if the site redevelops. ACHD does not have any requirements for the rezone of the site at this time." 18. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the recommendations of the Engineering Department and the Planning and Zoning Department as follows: 18.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 18.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 18.3 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE landscape irrigation. 18.4 Applicant shall coordinate utility connections with Meridian Public Works Department. 18.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 19. The Meridian Planning and Zoning Commission approved the application as annexation and zoning for R-2 Rural Low Density Residential. 20. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 18, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 21. It is also found that the development considerations as referenced in Finding No. 18 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 22. It is found that the zoning of the subject real property as (R-2) Rural Low Density Residential District allows only two (2) dwelling units per acre and, requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Single Family and Rural Residential Housing. 23. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 23.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 23.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 23.3 The application is consistent with Meridian's self identity. 23.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 23.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 23.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 24. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE i_ • Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining -its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs "and preferences of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE • 0 citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Rural Low Density Residential District, (R-2) is defined in the Zoning Ordinance at 11-2-408 B. 1. as follows: (R-2) Rural Low Density Residential District: The purpose of the (R-2) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity or rural residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-2) District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single- family dwelling units on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). _FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE S. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 1.9 acres to Rural Low Density Residential District (R-2) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 1.9 acres. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 0 ►__J description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development to -wit: 3.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 3.2 Application. shall provide documentation to the City showing eligibility for a one-time lot split. 3.3 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. 3.4 Applicant shall coordinate utility connections with Meridian Public Works Department. 3.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-2) Rural Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Residential District (§ 11-2-408 B 1 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate snapping changes of the official boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. 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 is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: Dated: City Clerk ms&/ZAWork\M\Meridian 15360M\Crane, Charfes\AZFfCfs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE I fl U,REC3� DED - n�f�Ur S. nCV rA C� Wi"7Y kF���i�t F rti e� c7Atfnp�J DEPUTY— EE 61-1 ed'i0001 2000 H 1 16 i'N 1: '30 AU6 2 8 2040 CITY OF MERIDL4,N aDEVELOPMENT AGREEMENT PLANNING & ZONING PARTIES: 1. City of Meridian 2. Charles -Crane THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this dayof ��u ari, 2000, by and between CITY OF MERIDIAN, a municipal corof the State of Idaho, pora on hereafter called "CITY", and CHARLES CRANE, hereinafter called "DEVELOPER", whose address is 3610. W..Ustick Road, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land iri the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 IA, Idaho Code, provides that citiesmay, by ordinance, require or;permit as a condition of re -zoning that.the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised.its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, 1. which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning, of the "Property"s-described in Exhibit A, and has requested a designation of Rural Low Density Residential District (R-2), (Municipal Code of the City of Meridian); and ,OPMENT AGREEMENT - 1 e4(D1 Ocit CA C EC01 R .t�il',.: Y t L r ni, AV" A ) 2000 F111, 16 PN 1 '3 0 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Charles Crane REC�O 000 - REQUi FEE—& DEPUTY C'11�i 0 0 01 AUG 2 8 2000 MEPJDLAN PLANNING G THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this -/5 'A day of 2000, by and between CITY OF MERIDIAN, a municipal corpora on of the State of Idaho, hereafter called "CITY", and CHARLES CRANE, hereinafter called "DEVELOPER", whose address is 3610 W. Ustick Road, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Rural Low Density Residential District (R-2), (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT - 1 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning SL 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 f 9�' day of Ae4ka! ,, x2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from DEVELOPMENT AGREEMENT - 2 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. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Charles Crane, whose address is 3610 W. Ustick Road, Meridian, Idaho 83642, 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. DEVELOPMENT AGREEMENT - 3 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. 1., Meridian City Code which are herein specified as follows: Development of Low Density Single -Family dwellings. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 5.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 5.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.3 Applicant shall coordinate utility connections with Meridian Public Works Department. 5.4 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. DEVELOPMENT AGREEMENT - 4 by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting DEVELOPMENT AGREEMENT - 6 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement , and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. This agreement has no immediate development plans, although there are some development conditions. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: f:;r�r� 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated DEVELOPMENT AGREEMENT - 5 r . i party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 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". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or DEVELOPMENT AGREEMENT - 7 0 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 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Charles Crane 3610 W. Ustick Road Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate DEVELOPMENT AGREEMENT - 8 W • authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT - 9 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 10 0 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ��ffil ��� Charles Crane CITY OF MERIDIAN • ._i.� V0 yolt ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/Z:\WorkVv1Weridian 15360M\Crane, Charles\DevelopAgr DEVELOPMENT AGREEMENT - 11 SEAL OF STATE OF IDAHO ss COUNTY OF ADA) C On this day of F -a, � f G , in the year 2000, before me, ,S 1U M, ewr i 2,/L,,a Notary Public, pers&ally appeared Charles Crane, known or i' enti ied to me to be the person who executed the instrument and acknowledge to me having executed the same. �TA'�� (SEAL) .a: O OFID •• ••lemmas ♦ STATE OF IDAHO Nota Pub is for Idaho Commis ion expires: 0#0/061 :ss County of Ada On this �day of FZbW 41 IX , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. i�lf � � • i •'�q�OF1900 ••lemma•• DEVELOPMENT AGREEMENT - 12 .3�9n Nota ublic for Idaho Commission expires: q-20,00 1 9 EXHIBIT A Legal Description Of Property A parcel of land being a portion of the East Fifteen Acres of the Southwest Quarter Southeast Quarter and a portion of the Southeast Quarter Southeast Quarter, all lying in Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a found I/z" iron pin marking the El/4 Corner of said Section 34, T. 4N., R.1W., B.M., Ada County, Idaho; thence S. 0°17'35" W. (formerly S. 0°12'W.) 2 64 3.5 2 feet along the east boundary of the said SE 1/4 of Section 34 and along the centerline of Ten Mile Road to a found Brass Cap marking the Section Corner common to Sections 34 and 35, T. 4N., R. 1W., B.M., Ada County, Idaho and Sections 2 and 3, T. 3N., R. IW., B.M., Ada County, Idaho and also marking the centerline intersections of said Ten Mile Road and Usticic Road; thence N. 89°43'00" W. 1019.45 feet along the south boundary of the said SE 1/4 of Section 34 and along the said centerline of Usticic Road to a point, said point being witnessed by a set '/z" iron pin which bears N. 37042'48" W. 31.72 feet, said point also marking the REAL POINT OF BEGINNING; thence continuing N.89°43'00" W. 351.17 feet along the said south boundary of the SE 1/4 of Section 34 and along the said centerline of Usticic Road to a point, said point being witnessed by a set 1/2" iron pin which bears N. 0°45'38" W. 25.00 feet; thence N. 0°45'38" W. 460.34 feet to a set '/z" iron pin; thence S. 37°42'48" E. 584.06 feet to the point of beginning, containing 1.90 acres, more or less. Subject to any easements or rights of way of record or in use. DEVELOPMENT AGREEMENT - 13 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 14 BEFORE THE MERIDIANI CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CHARLES CRANE, THE APPLICATION FOR ANNEXATION AND ZONING OF 1.9 ACRES FOR AT 3610 W. USTICK RD.,MERIDI.AIN, IDAHO Revisions 01-26-00 Case No. AZ -99-013 FINDINGS OF FACT AND CONCLUSIONS OF LAWAND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 21, 1999, and continued to October 5, 1999, and Shari Stiles appeared and commented, and the Applicant, Charles Crane, appeared and the matter was continued for public hearing to November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant and owner, Charles Crane, and no one appeared in opposition, and the matter was reopened for public hearing on January 18, 2000, and appearing and testifying were Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works, and the applicant, Charles Crane, appeared and testified, and no one appeared in opposition, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing and the reopened public hearing on the application for annexation and zoning were published for two (2) consecutive weeks prior to said public hearings scheduled for September 21, 1999 and January 18, 2000, 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 (1 S) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 21, 1999 and January 18, 2000, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-651 1, and §§ 1 1-2-416E 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 Citv of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the Citv 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 which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 1.9 acres in size. The property is located at 3610 W. Usticic Road. S. The owner of record of the subject property is Charles Crane, of 3610 W. Usticic Road, Meridian, Idaho. 6. Applicant is the owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of a single family dwelling. 8. The Applicant requested the property be zoned as Meridian City Low Density Residential (R-4) defined at 11-2-408(3). 9. The proposed site of the subject property is located north of Usticic FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE A Road approximately 1,000 feet west of Ten Mile. 10. The subject property is bordered to the south by Englewood Creek Estates Subdivision, to the north, east and west by rural agricultural property. The city limits of the City of Meridian are adjacent and abut to the south of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. 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. 13. The Applicant/Owner has no present plans to develop the property other than to divide the property and sell one parcel, but anticipates it will be developed as Low Density Single -Family Dwellings. 14. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Single Family and Rural Residential Housing. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. This matter was reopened for public hearing in order to receive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE additional evidence and clarification of the requirements of the Ada County Highwav District for this application. 17. The Council received a report from Larry Sale, Planning and Development Supervisor, of the Ada County Highway District, dated December 21, 1999, which provided in its relevant parts: "In this case, the staff report [referring to the earlier report that had set out certain dedication conditions for which the hearing was reopened to clarify] provided serves to let the applicant know what ACHD improvements will be required, when and if the site redevelops. ACHD does not have any requirements for the rezone of the site at this time." 18. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the recommendations of the Engineering Department and the Planning and Zoning Department as follows: 18.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 18.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 18.3 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE k i. landscape irrigation. 1.8.4 Applicant shall coordinate utility connections with Meridian Public Works Department. 18.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 19. The Meridian Planning and Zoning Commission approved the application as annexation and zoning for R-2 Rural Low Density Residential. 20. It is found that if the developer pays for the.requested improvements and complies with the conditions set forth in these Findings of Fact No. 18, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 21. It is also found that the development considerations as referenced in Finding No. 18 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 22. It is found that the zoning of the subject real property as (R-2) Rural Low Density Residential District allows only two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems and will be cornpatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Single Family and Rural Residential Housing. 23. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 23.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 23.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 23.3 The application is consistent with Meridian's self identity. 23.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE r self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 23.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 23.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 24. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 1I- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Idaho Code by the adoption of `Comprehensive Plan City°of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth'and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY CHARLES CRANE citizens of. Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Rural Low Density Residential District, (R-2) is defined in the Zoning Ordinance at 11-2-408 B. 1. as follows: (R-2) Rural Low Density Residential District: The purpose of the (R-2) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity or rural residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-2) District allows for a maximum of two (2). dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single- family dwelling units on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE S. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 1.9 acres to Rural Low Density Residential District (R-2) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 1.9 acres. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE • • description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development to -wit: 3.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 3.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 3.3 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. 3.4 Applicant shall coordinate utility connections with Meridian Public Works Department. 3.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation,and zoning designation of the real property which is the subject of the application to (R-2) Rural Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY CHARLES CRANE Residential District (§ 11-2-408 B 1 of the Revised"and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and Zoning ordinance. 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 is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY CHARLES CRANE 0 has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of aL Y= , 2000. 17 ROLL CALL COUNCILMAN RON ANDERSON VOTED A - COUNCILMAN KEITH BIRD VOTED_Ak— COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED 4i - MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2—/— O O MOTION: APPROV ISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 0 Copy served upon Applicant, -'the Planning and Zoning Department, Public Works Department and the City Attorney. By Dated: (;(2ity Cleric msg/ZAWorkW(\N(eridian I5360N1\Crane. CharlesWZFFC(s FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY CHARLES CRANE / l )ko RECCRUEU • REOUL-ST OF i. vri.V 0 rF1Vr.PRO .:.. FEE- DEPUTY 230IlAl"27 A.11110:0'8 10 003 1 72 r MAYS®, a CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID'LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATEDRURAL LOW DENSITY RESIDENTIAL DISTRICT (R-2); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED -BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO'ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THECLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY -OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. ` BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and' that the City of Meridian has received a written request for'annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land being a portion of the East Fifteen Acres of the Southwest Quarter Southeast Quarter and a portion of the Southeast Quarter Southeast Quarter, all lying in,Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County,. Idaho, said parcel being more particularly described as follows: Commencing at a found 1/2" iron pin marking the E1/4 Corner of, said Section'34, T. 4N., R. IW., B.M., Ada County, Idaho; thence S. 0°17'35" W. (formerly S. 0°12'W.) 2643.52 feet along the east boundary of the said SE 1/4 of Section 34 and along the centerline of Ten Mile Road to a found Brass Cap marking the Section Corner common to Sections 34 and 35, T. 4N., R. 1W., B.M., Ada County, Idaho and Sections 2 and 3, T. 3N., R. 1W., B.M., Ada County, Idaho and also marking the centerline intersections of said Ten Mile Road and Ustick Road; thence N. 89°43'00" W. 1019.45 feet along the south boundaiy of the said SE 1/4 of Section 34 and t ANNEXATION AND ZONING ORDINANCE -1 along the said centerline of Usticic Road to a point, said point being witnessed by a set 1/z" ir6n pin.which bears N. 37°42'48" W. 31.72 feet, said point also marking the REAL POINT OF BEGINNING; thence continuing N.89°43'00" W. 351.17 feet along the said south boundary of the SE 1/4 of Section 34 and along the said centerline of Ustick Road to a point, said point being witnessed by a set 1/2" iron pin which bears N. 0°45'38" W. 25.00 feet; thence N. 0°45'38" W. 460.34 feet to a set 1/2" iron pin; thence S. 37°42'48" E. 584.06 feet to the point of beginning, containing 1.96 acres, more or less. Subject to any easements or rights of way of record or in use. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real "property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Rural Low Density Residential District (R-2). e SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City.of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by andbetween the / City of Meridian and the owner of the land described in Section 1 dated the < 5- day of 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION AND ZONING ORDINANCE.- 2 SECTION 7: This ordinance shall be in full -force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries, of .the City of Meridian, including the lands herein annexed, with the following officials. of the County 6f Ada, State of Idaho, 'to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of _this ordinance and map with the State Tax'Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of Cvc, , 1999. Ir APPROVED'BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this° �� —day of e /-U44q, 1999. OR ,'ttttt11l1iff/tllll�/ ITY CLERK =Aj, ANNEXATION AND ZONING ORDINANCE 7 3 O a STATE OF IDAHO,) ss. Countv of Ada. ) On this ��day of CVt,� , 1999, before me, the undersigned, a Notary Public in and for said State, personal) appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cledc'of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my,official seal the day and year first -above written. .1-' °��oTUG�q ° e • (SEAL) INO&TPUBLIIC FOR DAHO RESIDING AT:.66 &r, �?�'pg to MY COMMISSION EXPIRES: fw ...•• x .. MSG\Z:\Work\M\Meridian 15360M\Crane, Charles\AZ.ORD ANNEXATION AND ZONING ORDINANCE - 4 0 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 850 passed by the City Council of the City of Meridian, on the day of� 21V4 --z 1999, is a true and correct copy of the original of said document which is in the care, custody and contro�,of►ohe,Qty Cleric of the City of Meridian. v a°° oil, rF SEAL o�' 1 ILLIAM G. BERG, � �LS7- 1 s' STATE OF IDA!�DU ss: County of Ada, ) On this ��— day of Fe , in the year 1999, before me, (` i Z a Notary Public, appeared WILLIAM G. BERt, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. v UGC TA,hN, (SEAL) �•:: ;fie s <s1, :�UBL1G ,0 • ,q OF � .•• Nota P licfor Idaho�� Commission Expires: msg\Z:\Worlc\M\Meridian 15360M\Crane, Charles\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN • • RESOLUTION NO BY: 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 CHARLES CRANE. 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.CH.ARLES CRANE, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CHARLES CRANE, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CHARLES CRANE, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this lJ� day of u , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this l� day of F,011-zezea r , 2000. Y-/4 Y ATTEST: t�V011 s1 rl i►7r,,,,, CITY CLERK = SEAL 9 cb �'9Q T]5�� •Z"�•�" 1 msg/ZAWork\M\Meridian 15360M\Crane, Charles\Resoluti Yj�y //l/lilllli2lEttt��, k s f� F CLERK OF THE CITY OF IN N u 0 0 CHARLES CRANE, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind thiq Qty to its terms and conditions. `;``ccc►rr rr ►irr�J��� of 0444 � NI . LLIAM G. BERG, J SAL ;CITY CLERIC STATE OF IDAHO, ss: County of Ada, On this r� day of A,C , in the year 2000, before me, 15. L[I &—rr1uL - , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. �, _G • . �, -OT �Y ( SEAL) : �; ;a; Nota ublic for Idahoqq Commission Expires: ! Z�–Ov G '• OF'WOsseo*• • msg/Z:\Work\M\Merldian 15360M\Crane, Charles\Certif0erkRes CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN - 2 Tei CERTIFICATE OF CLERIC OF THE CITY OF MERIDIAN 1, 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 Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on the � day of c , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND CHARLES CRANE. 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 CHARLES CRANE, 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 CHARLES CRANE, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 1 Meridian City Council Meeting February 15, 2000 Page 6 Bird: Mayor, I've got one question. When did they receive this so they could reply? I see the City received it on February 11th, we passed this on January 18th. We passed it on January 18th. I wonder what the holdup was if it went out - if the City received it on February 11th, evidently the applicant did at that same time. That was Friday, so that would give him basically one day to return - I don't like getting the things in - we had made a statement two or three months ago that anything that came in Tuesday of the Council meeting, we weren't goin to look at. I go along with the motion, but I wonder why it was until February 11 t that this - this is when the City received it. Nichols: Councilman Bird, Mayor, members of the Council, I believe this was the February 1St meeting that this was handled and not the 18th of January, according to my notes. Corrie: That's correct. It was February 1St Bird: We passed it on February 1St? Uh-huh. We tabled it February 1St because there was a holdup on the legality of who owned the property. This was passed on January 18th by the City Council, Findings of Facts and Conclusions of Law, Decision of Order. Yeah. January 18th. First page. Mr. Mayor - Corrie: I got it February 11th here is when we received it. Bird: Mr. Clerk, would that have been when it went out to the applicant? Berg: Mr. Mayor, members of the Council, yes. Bird: No more questions. Corrie: Okay. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. That takes care of the Consent Agenda items. Item 2. Ordinance No. 858: AZ 99-013 Request for annexation and r2oh ngo01_::9 acres to R-2 by�,Char' les Crane- - 3610-W. Ustick Road: Corrie: All right. The second Item on the regular agenda is Ordinance for request for annexation and zoning of 1.9 acres to R-2 by Charles Crane, 3610 West Ustick Road. Mr. Clerk, if you'll please read the Ordinance by Title only at this point and then give us an Ordinance No. Berg: Thank you, Mr. Mayor. It's Ordinance No. 858: Meridian City Council Meeting February 15, 2000 Page 7 ORDINANCE NO. 858: AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED RURAL LOW- DENSITY RESIDENTIAL DISTRICT R-2; AND DECLARING THAT SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR AND THE STATE TAX COMMISSION OF THE CITY OF IDAHO PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. Corrie: Okay. We've heard the reading of the Ordinance No. 858 by Title only. Is there anyone from the public that would like to have the Ordinance No. 858 read in its entirety? Okay. Hearing none, I'll entertain a motion of the Council on Ordinance No. 858. Bird: Mr. Mayor, I move that we pass Ordinance No. 858 with a suspension of rules, and the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Anderson: I'll second it. Corrie: Okay. The motion's made to approve Ordinance No. 858 with suspension of rules. Roll -call vote. Roll -call vote: Anderson, aye; deWeerd, aye; McCandless, aye; Bird, aye Corrie: Okay. Motion is carried. Item 3. Tabled from February 1, 2000 meeting: FP 00-003 Request for final plat of Gemtone No. 4 Subdivision — 6 buildable lots on 7.84 acres in an I -L zone by Thomas T. Wright located in the NE Y4, Section 8, T3N, R1 E (west of Hickory Avenue between Pine and State): Meridian City Pre -Council Meeting February 15, 2000 Page 3 Bird: Good thought. Meridian Chamber has already donated theirs, haven't they, Mayor? Corrie: Yeah. They've done it. Bird: So we're just actually giving up the $5,000? Corrie: Right. Item E. Development Agreement: AZ'9 0"013 Request for annexation and zoning of 1.9 acres to R -2 -bey Zai 3610 W. Ustick Road: Item F. Development Agreement: AZ 99-018 Request for annexation and zoning of 7.25 acres to C -G by Overland Mini Storage, LLC: deWeerd: Mr. Mayor, on Items E and F, have those Development Agreements been signed? Corrie: On Item what? deWeerd: Items E and F. Corrie: Mr. Clerk. Berg: Mr. Mayor, members of the Council, yes, they have or else I wouldn't put them on the agenda. I don't like tabling things, so I'm trying to keep them so when they are signed they are on the agenda. Item M. Agreement with Randy Ware for sewer / water hookup: And just discussing that same thing on the last item under my department report, the agreement with Randy Ware on the water and sewer hook-up. That was just a follow-up agreement when the Council approved him being able to hook up to water and sewer. The agreement came in at the end of Friday afternoon and he has it signed and it's ready to go also. He's here tonight since he didn't know if he needed to be here until 11:00 to be here to discuss that. I would have probably put it on the Consent Agenda, but we already had that agenda made up so I just put it at the very end. Bird: Can we add it to the Consent Agenda? Berg: I think you could if you want. deWeerd: Let's do it. FEBRUARY 11, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15 2000 APPLICANT: ORDINANCE ARLES-CRA'N' E1 AGENDA ITEM NUMBER: 2 REQUEST: ANNEXATION AND ZONING OF 1.9 ACRES TO R-2 AGENCY COMMENTS CITY CLERK: SEE ATTACHED ORDINANCE CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. i �i CIT 0 �7 : ,9I.=��i CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING. THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED RURAL LOW DENSITY RESIDENTIAL DISTRICT (R-2); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land being a portion of the East Fifteen Acres of the Southwest Quarter Southeast Quarter and a portion of the Southeast Quarter Southeast Quarter, all lying in Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a found 1/z" iron pin marking the EI/4 Corner of said Section 34, T. 4N., R. IW., B.M., Ada County, Idaho; thence S. 0°17'35" W. (formerly S. 0°12'W.) 2643.52 feet along the east boundary of the said SE 1/4 of Section 34 and along the centerline of Ten Mile Road to a found Brass Cap marking the Section Corner common to Sections 34 and 35, T. 4N., R. 1W., B.M., Ada County, Idaho and Sections 2 and 3, T. 3N., R. 1W., B.M., Ada County, Idaho and also marking the centerline intersections of said Ten Mile Road and Ustick Road; thence N. 89043'00" W. 1019.45 feet along the south boundary of the said SE 1/4 of Section 34 and ANNEXATION AND ZONING ORDINANCE - 1 along the said centerline of Usticic Road to a point, said point being witnessed by a set 1/2" iron pin which bears N. 37°42'48" W. 31.72 feet, said point also marking the REAL POINT OF BEGINNING; thence continuing N.89°43'00" W. 351.17 feet along the said south boundary of the SE 1/4 of Section 34 and along the said centerline of Usticic Road to a point, said point being witnessed by a set 1/z" iron pin which bears N. 0°45'38" W. 25.00 feet; thence N. 0°45'38" W. 460.34 feet to a set 1/2" iron pin; thence S. 37°42'48" E. 584.06 feet to the point of beginning, containing 1.90 acres, more or less. Subject to any easements or rights of way of record or in use. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Rural Low Density Residential District (R-2). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION AND ZONING ORDINANCE - 2 SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. MAYOR ATTEST: CITY CLERK ANNEXATION AND ZONING ORDINANCE - 3 STATE OF IDAHO,) : ss. County of Ada. ) In On this day of , 1999, 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 Cleric of the 'CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: MSG2AWork\M\Meridian 15360M\Crane, Charles\ALORD ANNEXATION AND ZONING ORDINANCE — 4 CERTIFICATION OF THE CITY CLERK OrTHE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. passed by the City Council of the City of Meridian, on the day of 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. WILLIAM G. BERG, JR. STATE OF IDAHO, ss. County of Ada, ) On this day of , in the year 1999, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ( SEAL) Notary Public for Idaho Commission Expires:_ msg\Z:\Worlc\M\Meridian 15360M\Crane, Charles\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN February 10, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15 2000 APPLICANT: CHARLES CRANE AGENDA ITEM NUMBER: E REQUEST: REQUEST FOR ANNEXATION AND ZONING TOR 4 BY CHARLES CRANE AGENCY COMMENTS CITY CLERK: SEE ATTACHED SIGNED DEVELOPMENT CITY ENGINEER: AGREEMENT CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. CIT TAY C-01 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Charles Crane THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and CHARLES CRANE, hereinafter called "DEVELOPER", whose address is 3610 W. Ustick Road, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Rural Low Density Residential District (R-2), (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT - 1 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of 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 annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terns 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 DEVELOPMENT AGREEMENT - 2 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. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Charles Crane, whose address is 3610 W. Usticic Road, Meridian, Idaho 83642, 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. DEVELOPMENT AGREEMENT - 3 4. USES PERMITTED BY THIS AGREEMENT: 1 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. 1., Meridian Citv Code which are herein specified as follows: Development of Low Density Single -Family dwellings. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 5. 1.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 5.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 5.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.3 Applicant shall coordinate utility connections with Meridian Public Works Department. 5.4 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. DEVELOPMENT AGREEMENT - 4 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement , and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. This agreement has no immediate development plans, although there are some development conditions. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated DEVELOPMENT AGREEMENT - 5 by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of ary default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to - "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting DEVELOPMENT AGREEMENT - 6 party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under §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". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or DEVELOPMENT AGREEMENT - 7 three (3) days after deposit in the United States Mail, registered or certified inail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Charles Crane 3610 W. Ustick Road Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate DEVELOPMENT AGREEMENT - 8 authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT - 9 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT - 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Charles Crane CITY OF MERIDIAN MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/Z:\Worlc\M\Meridian 15360M\Crane, Charles\DevelopAgr DEVELOPMENT AGREEMENT - 11 STATE OF IDAHO ) :ss COUNTY OF ADA) On this �day,of in the year 2000, before me, (, ; AVY `i zG Notary Public, per nally appeared Charles Crane, known ori endied to me to be the person who executed the instrument and acknowledge to me having executed the same. i a AV I if 10 '. OF T000 •ff/.\• STATE OF IDAHO ) :ss County of Ada ) On this Nota Pub is for Idaho Comms ion expires: GIlzklc0 day of , in the year -2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument ,or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) DEVELOPMENT AGREEMENT - 12 Notary Public for Idaho Commission expires: EXHIBIT A Legal Description Of Property A parcel of land being a portion of the East Fifteen Acres of the Southwest Quarter Southeast Quarter and a portion of the Southeast Quarter Southeast Quarter, all lying in Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a found 1/2" iron pin marking the E 1/4 Corner of said Section 34, T. 4N., R.1W., B.M., Ada County, Idaho; thence S. 0°17'35" W. (formerly S. 0°12'W.) 2 643.5 2 feet along the east boundary of the said SE 1/4 of Section 34 and along the centerline of Ten Mile Road to a found Brass Cap marking the Section Corner common to Sections 34 and 35, T. 4N., R. 1W., B.M., Ada County, Idaho and Sections 2 and 3, T. 3N., R. 1W., B.M., Ada County, Idaho and also marking the centerline intersections of said Ten Mile Road and Usticic Road; thence N. 89°43'00" W. 1019.45 feet along the south boundary of the said SE 1/4 of Section 34 and along the said centerline of Usticic Road to a point, said point being witnessed by a set 1/2" iron pin which bears N. 37042'48" W. 31.72 feet, said point also marking the REAL POINT OF BEGINNING; thence continuing N.89°43'00" W. 351.17 feet along the said south boundary of the SE 1/4 of Section 34 and along the said centerline of Usticic Road to a point, said point being witnessed by a set 1/2" iron pin which bears N. 0°45'38" W. 25.00 feet; thence N. 0°45'38" W. 460.34 feet to a set 1/2" iron pin; thence S. 37°42'48" E. 584.06 feet to the point of beginning, containing 1.90 acres, more or less. Subject to any easements or rights of way of record or in use. DEVELOPMENT AGREEMENT - 13 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 14 jAN CITY -;�-� E' N ��N BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CHARLES CRANE, THE APPLICATION FOR ANNEXATION AND ZONING OF 1.9 ACRES FOR AT 3610 W. USTICK RD.,MERIDIAN, IDAHO Revisions 01-26-00 Case No. AZ -99-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 21, 1999, and continued to October S, 1999, and Shari Stiles appeared and commented, and the Applicant, Charles Crane, appeared and the matter was continued for public hearing to November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant and owner, Charles Crane, and no one appeared in opposition, and the matter was reopened for public hearing on January 18, 2000, and appearing and testifying were Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works, and the applicant, Charles Crane, appeared and testified, and no one appeared in opposition, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing and the reopened public hearing on the application for annexation and zoning were published for two (2) consecutive weeks prior to said public hearings scheduled for September 21, 1999 and January 18, 2000, 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 (1 S) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 21, 1999 and January 18, 2000, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 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 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 which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 1.9 acres in size. The property is located at 3610 W. Usticic Road. 5. The owner of record of the subject property is Charles Crane, of 3610 W. Usticic Road, Meridian, Idaho. 6. Applicant is the owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of a single family dwelling. 8. The Applicant requested the property be zoned as Meridian City Low Density Residential (R-4) defined at 11-2-408(3). 9. The proposed site of the subject property is located north of Usticic FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Road approximately 1,000 feet west of Ten Mile. 10. The subject property is bordered to the south by Englewood Creek Estates Subdivision, to the north, east and west by rural agricultural property. The city limits of the City of Meridian are adjacent and abut to the south of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. 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. 13. The Applicant/Owner has no present plans to develop the property other than to divide the property and sell one parcel, but anticipates it will be developed as Low Density Single -Family Dwellings. 14. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Single Family and Rural Residential Housing. 15. There are no significant or scenic features of major importance that affect,the consideration of this application. 16. This matter was reopened for public hearing in order to receive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE additional evidence and clarification of the requirements of the Ada County Highway District for this application. 17. The Council received a report from Larry Sale, Planning and Development Supervisor, of the Ada County Highway District, dated December 21, 1999, which provided in its relevant parts: "In this case, the staff report [referring to the earlier report that had set out certain dedication conditions for which the hearing was reopened to clarify] provided serves to let the applicant know what ACHD improvements will be required, when and if the site redevelops. ACHD does not have any requirements -for the rezone of the site at this time." 18. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the recommendations of the Engineering Department and the Planning and Zoning Department as follows: 18.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 18.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 18.3 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE landscape irrigation. 18.4 Applicant shall coordinate utility connections with Meridian Public Works Department. t, 18.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 19. The Meridian Planning and Zoning Commission approved the application as annexation and zoning for R-2 Rural Low Density Residential. 20. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 18, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 21. It is also found that the development considerations as referenced in Finding No. 18 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISIRON AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 22. It is found that the zoning of the subject real property as (R-2) Rural Low Density Residential District allows only two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Single Family and Rural Residential Housing. 23. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 23.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 23.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 23.3 The application is consistent with Meridian's self identity. 23.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a FINDINGS OF FACT AND CONCLUSIONS OF -LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 23.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 23.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 24. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 1I- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. wl 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Rural Low Density Residential District, (R-2) is defined in the Zoning Ordinance at 11-2-408 B. 1. as follows: (R-2) Rural Low Density Residential District: The purpose of the (R-2) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity or rural residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-2) District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single- family dwelling units on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including; but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 1.9 acres to Rural Low Density Residential District (R-2) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 1.9 acres. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Residential District (§ 11-2-408 B 1 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate snapping changes of the official boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. 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 is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of wt, Y= 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED GL. COUNCILMAN KEITH BIRD VOTED � COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED 4�— MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2,1, a 0 MOTION: APPROV DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By' Dated: 2-1--670 ity Cleric msg/ZAWork\NI\Meridian 15360M\Crane, Charles\AZFfCIs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE r Meridian Citv Council Meeting February;1, 2000 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. by Mayor Robert Corrie. Members present: Robert Corrie, Keith Bird, Cherie McCandless, Ron Anderson. Members absent: Tammy deWeerd. Others present: Gary Smith, Shari Stiles, Bill Gordon, Ken Bowers, Bill Nichols, Will Berg. Corrie: All right. I'll open the City Council meeting for February 1, 2000, at 7:30 p.m. I'll have roll -call first; Mr. Clerk. Thank you. Welcome everyone here this evening. It's nice to see the warm weather. In Washington D.C., it's cold and snowy and even the taxicab people didn't want to get out. Item A. Approve minutes of January 18, 2000, Special Pre -Council meeting: Item B. Approve minutes of January 18, 2000, City Council meeting: Item C. Dog License Agreement with The Pet Hospital: Item D. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Item E. Development Agreement: AZ 99-016 Request for annexation and zoning to I -L for Ten Mile Mini Storage by Ed Bews — west of Ten Mile and north of Ustick Road: Item F. _Findings of Facts and Conclusions of Law: AZ 99-013 Request _for_ annexation` and zoning to R-4 by Charles` Crane — 3610 W. Ustick Road: Item G. Findings of Facts and Conclusions of Law: AZ 99-024 Request for annexation and zoning of 20.05 acres to I -L by Albertson's, Inc. — east of Eagle Road, north of the railroad tracks and south of Settler's Canal: Item H. Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20 -foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al — Block 1, Lots 16 and 17 Meridian City Council Me February 1, 2000 Page 2 n 10"ft of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Item I. Findings of Facts and Conclusions of Law: VAC 99-005 Request for vacation of the easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC — south of Cherry lane, west of Ten Mile on Gray Cloud Way: Item J. Findings of Facts and Conclusions of Law: AZ 99-022 Request for annexation and zoning of 10 acres to L -O for proposed Magic View Office Complex by W.H. Moore Company — Eagle Road and Magic View: Item K. Findings of Facts and Conclusions of Law: CUP 99-040 Request for conditional use permit on a single site and an ancillary restaurant in an L -O zone for proposed Magic View Office Complex by W.H. Moore Company — Eagle Road and Magic View: Item L. Tabled from 01/18/2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit — Commercial subdivision mini -storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC — 1230 East Overland Road: Item M. Approve bills: Corrie: Okay. We have on the Consent Agenda tonight Items A through M. Council, pleasure on Items? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we pull Item D which is an agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., to Item 1A on the Regular Agenda; Item F which is the Findings of Facts and Conclusions of Law, pull that to 10B, �we need to discuss something on that; Items I, J, K and L, table to 2/15/2000. If that's agreeable to Council, I'll make a motion that we accept the Consent Agenda as noted. Anderson: I'll second that. Corrie: Okay. Motion is made and seconded to accept the Consent Agenda with the exceptions as noted, Items D, F, I, J, K and L. Further discussion? I have MERIDIAN CITY PRE --COUNCIL MEETING FEBRUARY 1 2000 The Pre-Council.meeting of the Meridian City Council was called to order at 6:45 p.m. on Tuesday, February 1, 2000 by'MayortRobert Corrie. Members present: Robert Corrie, . Keith Bird, Ron Anderson, Cherie McCandless. Members absent: Tammy deWeerd. Others present: Shari Stiles, Ken Bowers, Bill Gordon, Bill Nichols, Will Berg. Corrie: Okay. I'll open the Meridian City Pre -Council meeting at 6:45, February 1, 2000. Council, questions in reference to the Consent Agenda? ` 3 Item C. Dog License Agreement with The Pet Hospital: Bird: Mr. Mayor. On Item C, the dog license agreement, we've just been talking about it. I would like to see the Resolution changed for all these dog -license agreements with the hospitals, the veterinarians and stuff, be changed by having the Police Chief or whoever makes. up the agreement with and for them to have a standard form, but I want the Mayor to sign and the Clerk to attest, and 1 don't believe that it needs to come before the Council every time if that's agreeable with the other Council people. I think the Mayor should sign and the ,Clerk, to attest on'all our agreements. 1. Anderson: I would agree with that. I really don't think it needs to tie up the Council time. Is that agreeable? When we get into regular business at the end, I'll just make a motion to do that, and that'll be official; is that right,,Mayor? Corrie: That's correct. Item D. Agreement between the City of Meridian, Idaho Independent Bank -and Cherry Lane Recreation, Inc.: Item E. Development Agreement: AZ 99-016 Request for annexation and zoning to I -L for Ten Mile Mini Storage by Ed Bews — west of Ten' Mile and north of Ustick Road: Item F. Findings of Facts.and Conclusions,of-`Law:.,;AZ 99-013;Request'- for_annexation and zoning-to-R=4-by;Cf arles-_Crane-L"-3610-W. 10 stiE_k Road: Item G. Findings of Facts and Conclusions of Law: AZ 99-024 Request for annexation and zoning of 20.05 acres to I -L by Albertson's, Meridian City Council Meet February 1, 2000 Page 54 • Anderson: Mr. Mayor, I'd like to also just follow up and have Shari contact them and let them know that we have questions and would like them to come and explain the discrepancy. Stiles: Okay. Corrie: Any other discussion? All those in favor of the motion, all those in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 10B. iFindings:of_Facts-and`Conclusions of Law: -AZ 99-013 Request for4 annexation, and zoning ,.to -R -4 -by -Charles Crane - 3610 W. Ustick Road: Corrie: Item 10B. Bird: If we don't have any discussion, I'll go ahead and make a change. On Charles Crane, request for annexation and zoning from I -L to R-2. I made the motion that it was R-4 which was mistaken, and that's what was passed, so I guess what we need to do is just make a motion to amend that previous motion and to let the decision, Facts and Conclusion show that it was an R-2 instead of an R-4. VI make that motion. Anderson: And I second that. Corrie: Okay. Motion's made and seconded to have the Findings of Facts and Conclusions of Law on request for annexation and zoning to show that it's to be changed back to the R-2 from the R-4 from the previous motion for the Charles Crane, 3610 West Ustick Road. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Anderson: He was just making a motion to - now we need to still approve them. Corrie: Well, we have to - do you want to do Findings or do you want to go ahead - Nichols: Mayor Corrie, members of the Council, I'm fine if you just simply want to adopt Findings and specify at that particular Item that it should say R-2 instead of R-4. Bird: We can go ahead and pass them? Nichols: Yes. Meridian City Council Me� February 1, 2000 Page 3 one thing, Mr. Bird. On Item C and the dog license agreement — do you want to — we don't need to pull it. We discussed it earlier. Bird: Are we going to take that — I'm sorry. If Mr. Anderson will accept this (inaudible) second. Item C, the dog license agreement, I would like to take back into Item 10C to discuss in the Regular Agenda if that's agreeable to Mr. Anderson's second. Anderson: Sure. Corrie: The correction is noted. Any further discussion? Roll -call vote: Mr. Anderson, aye; Mrs. McCandless, aye; Mr. Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: Corrie: Okay. The Regular Agenda, Item 1 is update on Cherry Lane Recreation, Inc., by JoAnne Butler. JoAnne. Butler: Mr. Mayor, Council members, JoAnne Butler, 101 South Capital Boulevard representing Cherry Lane Recreation. With me here tonight is Wally Lovan, Nancy Link, Tad Holloway, Jennifer Lovan-Holloway, and on behalf of Idaho Independent Bank, Jerry Madison. As the Council knows, we've been in the process of constructing a clubhouse at the golf course. Cherry Lane received a conditional use for this purpose last summer. Just by way, for the Council so that you know, one of the conditions of approval reflected in that conditional use permit and also reflected in the agreement that's before you tonight was not actually the condition of approval that the Council deliberated on if we looked at the Council minutes of June 15th, and we assume that was just a drafter's mistake. Anyway, that is one of the reasons that is why we are going back before your P & Z next week, actually, for a modification of that particular conditional use permit in connection with some timeframes, and that's next week. That's not why we're here today. Tonight we're just here to review the agreement for Cherry Lane that has been under discussion by your attorney, Idaho Independent Bank and Cherry Lane. The agreement is there to provide the bank with the comfort it needs to give Cherry Lane the loan to construct the clubhouse, and the agreement is there to provide the City with the comfort that it needs to be able to step into borrowers' shoes and complete that work if it should ever have to. We have just asked the counsel through your attorney to make a slight modification to that agreement, and I think your counsel's passed that out. Under the agreement, the conditional use permit is a defined term. It just references your file number, and we just added that it's a conditional use permit as may be amended from time to time just to reflect the fact that we're in that process now in coming to the City over the next month or so to request an Meridian City Pre -Council M�g February 1, 2000 �► Page 2 Inc. — east of,Eagle Road, north of the railroad tracks and south of Settler's Canal Item H. Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20 -foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al — Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Bird: Okay. Items E, F, G and H: everything's fine, ready to go on that? All the Development Agreements and everything we need in there is 'in, signed and everything? Mr. Clerk?, x Anderson: I have a question on the one for Charles Crane, I guess it's F. 'I gof this letter from Bill Gigray and he was asking for clarification about whether it should be R-2 or R-4, and it looks like the Findings of Fact reflect an R-4, so what is it? R-2 or R-4 or where are we going? Bird: The motion if you look to the minutes was made to R-4, and I made the motion. I usually, read it off of here, so I probably- — let's see where that's at. Yes. Right here on the public hearing, it was R -T to R-4 by Charles Crane. That's what the application was. Anderson: And in the attorney's letter, he had indicated that the recommendation from Planning and Zoning — I thought it was from staff, too, that it was' R-2. So I guess a question for Shari and Gary, was it R-2 or R-4 or did you guys have an opinion? Stiles:: Mr. Mayor and Council, Councilman Anderson, the staff and the,Planning and Zoning Commission has, recommended the R-2 because 'it was in an area which was mostly the rural residential, and since it's adjacent to the Wastewater Treatment Plant, we didn't want to see 10 housing units be: approved in there. With the R-2, we just basically stuck with the single lot split which was what he was requesting annexation for. Bird: So we need to change that back to ail R-2? Corrie: R-2 is stated in the Findings of Facts Bird: Yes, I know that. So we can do that and still pass it with Consent. I think Mr. Crane understood it was an R-2? Corrie:. And for a one-time split? f Bird: Yes. Meridian City Pre -Council g February 1, 2000 Page 3 Nichols: Mr. Mayor. Mayor and Council, I wouldrecommend that if you're going to change the motion since it was, a motion for an R-4 that you pull this off of the Consent Agenda, put it on the regular agenda and go ahead and make a formal motion to adopt those Findings of Fact from an R-2 to an — excuse me. Clarifying the error and what your intent was so that we could have a clear record with regard to the adoption. Another point of error, Mr. Mayor and Council, if I may. Item D on the Consent Agenda. I'd request that that be pulled off and put on the Regular Agenda as the first item. JoAnne Butler is here on behalf of the applicant, or not the applicant. On behalf of Cherry Lane Recreation, Inc., and she can explain basically that they have one minor change to request in the three -party agreement which has been reviewed by Mr. Gigray and myself, ,and she can describe that change to you. Corrie: So pull D off and make it 1A? Nichols: Yes. I believe that D and 1 would be more or less the same. Bird: Okay. Where are we going to pull Crane to, Mayor? Should we put it down at. 12 or 10B? Corrie: Yes. Bird: Everything's in order for Item G? H is okay. Item I we're pulling until the 15th; is that right? And J, K and L are all being pulled to the 15th. Is No. H okay, Mayor? Item H. Findings of Facts and Conclusions of Law: VAC 99-006 Request for vacation of 20 -foot emergency access of Mirage Meadows Subdivision to a new access located at the end of Oakcrest Drive by Robert Higgins, et al — Block 1, Lots 16 and 17 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Anderson: On H, how did we end up on that? Did we find out if that's a public right-of-way? Corrie: Shari, do you know? Gary? Smith: Mr. Mayor, Council members, I don't remember exactly how that was left, but as far as the plat was concerned, it's an easement. I think Bill Gigray was going to try and research and see if over the years it had become a public right- of-way. I don't know how that came out. I Meridian City Council Meet • February 1, 2000 Page 55 Corrie: Mr. Anderson. Anderson: Mr. Mayor, I would make a motion that we adopt the Findings of Fact and Conclusions of Law for the request for annexation and zoning to R-4 by Charles Crane and authorize the Mayor to sign, the Clerk to attest. Bird: Wait a second. You mean R-2, don't you? Anderson: To R-2. Excuse me. Bird: I second that. Corrie: Motion made and seconded to approve the Findings of Fact and Conclusions of Law, request for annexation and zoning to R-2 by Charles Crane, 3610 West Ustick Road. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT McCandless: Roll -call? Corrie: Okay. Roll -call vote. Roll -call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED THREE AYES, ONE ABSENT. Corrie: Motion carried. Let the record note that there was one Councilman's vote that was not here. Okay. Item 1.1. Dog License Agreement with The Pet Hospital: Corrie: Now we're on Item 11. Dog license. Bird: Yes, we needed to (inaudible) that. Corrie: Okay. Dog License Agreement with the Pet Hospital. Okay, Mr. Bird. You've got that pretty well down, I think. Bird: Mr. Mayor. I would make a motion that our license agreements regarding the dog license be enacted by — *** End of Side 4 *** City Council. You what? JAN 27 100 09:20 FR CITY OF MERIDIAN 208 884 4259 TO 77 JULIE KLaW FISC14UR Wb4. F. GIORAY, III BRRNT JOHNSON U. SALUEL JOHNSON WILLIAM A. MORROW Wtu.IAM F, N10HOL5• CBRISTOPIOR S. Nn WHITE, PETERSON, PRUSS, MORROW &. GIGRAY, P.A. Email via Intemet (n7-, wfg@wppmg.com *ALSO ADMITTHD IN OR -ALSO AD14I7TOD IN VA January 25, 2000 William G. Berg, Jr. City Cleric 33 East Idaho Meridian, Idaho 83642 P. 01/02 T ?tl NN Cl'I` NAMPA OFFICE 104 NINTH AVENUE SOUTH POST oMCE BOX 247 NAMPA, IDAHO 83653-0247 TEL (ZOO) 466.9272 PAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE y J AN 2 6 2000 C'L'Y OF WERMIAN Re: URAR ;E'S"CRA.NE- (!Revised AZ Findings and Development Agreement, Resolution and Certificate of Cleric) / AZ -99-01.3 Dear Will: Please find enclosed the new revised Findings of Fact (dated 01.-20-00) and new Development. Agreement, Resolution and Certificate of Cler.Ic. 'Please replace these new documents with the previous ones forwarded to your office. Please note in the Findings the revisions are as follows: in the beginning paragraph the date of the reopened public hearing; has been added, and who appeared and testified. This information is also added in Finding Of Fact. number 1, pertaining to the reopened public hearing date. 2. In number 13 please note the language added is as fellows: "/Owner has no present plans to develop the property other than to divide the property and sell one parcel, but anticipates it will be developed as Low Density Single -Family Dwellings." 3. Added a new Finding 16 and added a new Finding 17. 4. Renumbered the old Finding 16 through the remainder of the Findings. (The old 16 is now 18) A1'TORNP.YS AT LAW PHILIP A. PRTRRAON 200 EAST CARLTON AVENUE, SUI'T'E 31 STEPHEN L. PRu56 POST OFFICE BOX 1150 ERIC S. RoS6MAN MERIDIAN, IDAHO 83680-1150 Tomo A. RMMAN TEL (208) 288.2499 DAVID M. SwAn7uy PAX (208) 298-2501 TPRONOF R. WHIrR•• Email via Intemet (n7-, wfg@wppmg.com *ALSO ADMITTHD IN OR -ALSO AD14I7TOD IN VA January 25, 2000 William G. Berg, Jr. City Cleric 33 East Idaho Meridian, Idaho 83642 P. 01/02 T ?tl NN Cl'I` NAMPA OFFICE 104 NINTH AVENUE SOUTH POST oMCE BOX 247 NAMPA, IDAHO 83653-0247 TEL (ZOO) 466.9272 PAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE y J AN 2 6 2000 C'L'Y OF WERMIAN Re: URAR ;E'S"CRA.NE- (!Revised AZ Findings and Development Agreement, Resolution and Certificate of Cleric) / AZ -99-01.3 Dear Will: Please find enclosed the new revised Findings of Fact (dated 01.-20-00) and new Development. Agreement, Resolution and Certificate of Cler.Ic. 'Please replace these new documents with the previous ones forwarded to your office. Please note in the Findings the revisions are as follows: in the beginning paragraph the date of the reopened public hearing; has been added, and who appeared and testified. This information is also added in Finding Of Fact. number 1, pertaining to the reopened public hearing date. 2. In number 13 please note the language added is as fellows: "/Owner has no present plans to develop the property other than to divide the property and sell one parcel, but anticipates it will be developed as Low Density Single -Family Dwellings." 3. Added a new Finding 16 and added a new Finding 17. 4. Renumbered the old Finding 16 through the remainder of the Findings. (The old 16 is now 18) JAN 2? '00 09:20 FR CITY OF MERIDIAN 208 ee4 4259 TO ?? P.02i02 William G. Berg, Tr. 7inuary 20, 2000 Page 2 5. In the new 18 all the language from 18.7 on has been deleted. (Pertains to the ACHD) 6. In the Decision and Order everything has been deleted from 3.7 on. (Pertains to the ACHD) 7. .Additionally, in the Development Agreement, in section 5 number 5.2 was deleted, and all the language pertaining to the ACHD. 8. Also, in section 6 the Section. 6 has been changed to Section 5, and a last; sentence added. Please note that the public hearings are now closed on this matter, and it is now subnutted for Decision by the City Council. The enclosed Findings have been prepared by the City Attorney's office at the direction of the City Council for its consideration and action at the City Council meeting on the 1 st of February, 2000. The Findings shall not become final until the Council takes action thereon. Please note this matter is a quasi judicial matter to which due process and open meeting law apply. The Mayor, City Council, Staff and City Attorney's office will not discuss these Findings with applicants and/or affected parties. This is to protect the integrity of this due process matter. .Additionally, please note that the Annexation and Zoning Ordinance was sent to your office on November 9, 1999, along with the Certification of the City Clerk. 1'hereforc, you have those documents already in your possession. We thank you for your courtesy in this regard and if you have any questions please advise. Very 1 y urs, Wm. F. Gi ay, III Enclosures cc: Mayor Robert. D. Corrie (letter only) ms�/7,AWorl,WW aidian 15360ACrane, C:har1es\Berg012500.Ur 3 ,P* TnT01 P0f_C MO L-Ae CITY OF -1�y V TIN BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CHARLES CRANE, THE APPLICATION FOR ANNEXATION AND ZONING OF 1.9 ACRES FORAT 3610 W. USTICK RD.,MERIDIAN, IDAHO Revisions 01-26-00 Case No. AZ -99-013 FINDINGS OF FACT AND CONCLUSIONS 'OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on' for public hearing on September 21, 1999, and continued to October 5, 1999, and Shari Stiles appeared and commented, and the Applicant, Charles Crane, appeared and the matter was continued for public hearing to November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant and owner, Charles Crane, and no one appeared in opposition, and the matter was reopened for public hearing on January 18, 2000, and appearing and testifying were Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works, and the applicant, Charles Crane, appeared and testified, and no one appeared in opposition, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY(CHnI°ES-CF.ANE City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing and the reopened public hearing on the application for annexation and zoning were published for two (2) consecutive weeks prior to said public hearings scheduled for September 21, 1999 and January 18, 2000, 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 (1 S) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 21, 1999 and January 18, 2000, , public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 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 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 which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 1.9 acres in size. The property is located at 3610 W. Usticic Road. 5. The owner of record of the subject property is Charles Crane, of 3610 W. Usticic Road, Meridian, Idaho. 6. Applicant is the owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of a single family dwelling. 8. The Applicant requested the property be zoned as Meridian City Low Density Residential (R-4) defined at 11-2-408(3). 9. The proposed site of the subject property is located north of Usticic FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Road approximately 1,000 feet west of Ten Mile. 10. The subject property is bordered to the south by Englewood Creek Estates Subdivision, to the north, east and west by rural agricultural property. The city limits of the City of Meridian are adjacent and abut to the south of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. 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. 13. The Applicant/Owner has no present plans to develop the property other than to divide the property and sell one parcel, but anticipates it will be developed as Low Density Single -Family Dwellings. 14. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Single Family and Rural Residential Housing. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. This matter was reopened for public hearing in'order to receive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE additional evidence and clarification of the requirements of the Ada County Highway District for this application. 17. The Council received a report from Larry Sale, Planning and Development Supervisor, of the Ada County Highway District, dated December 21, 1999, which provided in its relevant parts: "In this case, the staff report [referring to the earlier report that had set out certain dedication conditions for which the hearing was reopened to clarify] provided serves to let the applicant know what ACHD improvements will be required, when and if the site redevelops. ACHD does not have any requirements for the rezone of the site at this time." 18. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the recommendations of the Engineering Department and the Planning and Zoning Department as follows: 18.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 18.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 18.3 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE landscape irrigation. 18.4 Applicant shall coordinate utility connections with Meridian Public Works Department. 18.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 19. The Meridian Planning and Zoning Commission approved the application as annexation and zoning for R-2 Rural Low Density Residential. 20. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 18, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 21. It is also found that the development considerations as referenced in Finding No. 18 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 22. It is found that the zoning of the subject real property as (R-2) Rural Low Density Residential District allows' only two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the -subject property as Low Density Single Family and Rural Residential Housing. 23. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 23.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 23.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 23.3 The application is consistent with Meridian's self identity. 23.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 23.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 23.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 24. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions .for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Rural Low Density Residential District, (R-2) is defined in the Zoning Ordinance at 11-2-408 B. 1. as follows: (R-2) Rural Low Density Residential District: The purpose of the (R-2) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity or rural residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-2) District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single- family dwelling units on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE S. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 1.9 acres to Rural Low Density Residential District (R-2) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 1.9 acres. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place.this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development to -wit: 3.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 3.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 3.3 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. 3.4 Applicant shall coordinate utility connections with Meridian Public Works Department. 3.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-2) Rural Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Residential District (§ 11-2-408 B 1 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. 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 is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I sem day of2000. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2,1— MOTION: APPROVE DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY CHARLES CRANE VOTED GC— VOTED _*� VOTED VOTED 1(1�-- VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By Dated: ity Cleric msg/Z:\Work\M\Meridian 15360M\Crane, Charles\AZFfCIs 2 - 1-- ao FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE January 14, 2000 MERIDIAN CITY COUNCIL MEETING: JANUARY 18 2000 APPLICANT: CHARLES CRANE AGENDA ITEM NUMBER: REQUEST' REQUEST FOR ANNEXATION AND ZONING (R -T TO R-4) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: - All Materials presented at public meetings shall become property of the City of Meridian. December I b, 1999 MERIDIAN CITY COUNCIL MEETING: DECEMBER 21, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 8.C.1. REQUEST: BILL GIGRAY - CHARLES CRANE REQUEST AGENCY COMMENTS CITY CLERK: SEE ATTACHED LETTER FROM MR. CRANE CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Office of the City Attorney The City of Meridian - Idaho's Initial Point of Beginning To: Mayor and City Council cc: Planning and Zoning/Clerk/ Public Works From: Bill Gigray, City Attorney Re: Charles Crane AZ -99-013 Date: December 16, 1999 200 E. Carlton Ave. Suite 31 PO Box 1150 Meridian ID 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg@wppmg.com FECIErVED DEC 1 7 1999 CITY OF MERIDIAN have reviewed the letter addressed to the Mayor and City Council, dated the 13`h of December, 1999, from Mr. Charles Crane requesting this matter be reopened. It is my understanding that the Findings and Decision and Order have been entered, but the development agreement has not been signed and the annexation and zoning ordinance therefore has not been acted upon. Recommended procedure: If you choose to open this back up a motion should be made to reconsider the action of the City Council, which approved the Findings and Decision and Order. The motion could include the setting of a new public hearing and direct the clerk to give notice of the new public hearing. msg/Z:IWorkIMlMeridian 15360MkCrane, ChadeslMayorCouncil121699.Mem December 13, 1999 Letter to the Mayor and City Council of Meridian From: Charles Crane 3610 W. Ustick Road Meridian, ID 83642 Re: Annexation & Zoning of 3610 W. Ustick Road Dear Mr. Mayor and City Council, -RIECTEWIM DEC 14 1999 City of 3leridian City Clerk Office There is an error in the Development Agreement. Mr. Gigray said I should write you a letter explaining why I cannot sign the Development Agreement as written. He said you would be able to put me on the City Council schedule where this could be cleared up. I will try to keep this brief and to the point. ACHD does not recommend items 1.7 through 1.12 as stated in the Planning and Zoning Recommendation to City Council and therefore in the Development Agreement. These requirements are only for a future development or a change in the application. According to ACHD a development proposal is not required for a one time split. I have asked Christy Richardson with ACHD to further clarifying this in writing to you. She has verbally explained to me at our original review meeting and again recently that the Site Specific Requirements: do not apply to a one time split and building permit but only to future development proposals. Please see the letter dated September 20, 1999 from Steve Siddoway to the Mayor & City Council also explaining this error. Planning and Zoning minutes for the approval dated August 31, 1999 also support this. Quoting from Mr. Borops comments. "Curb, gutter and sidewalk" does not need to be done. "Sewer and water are the only development requirement of the city for a one time split". I talked to Sherri Stiles 12-10-99 as soon as she got back from vacation and she agreed these ACHD items were not required and should not be there. ACHD contacted Sherri to explain they do not want the easement at this time and wants a written explanation from Meridian why they should. Also requiring 48 feet of deeded easement would reduce the lot to .4 acres and violate the R2 zoning. Moving the lot line is not an option as it would violate setback requirements or require tearing down existing buildings. _ I .w From the ACHD approval letter dated July 28, 1999: "If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian:" F r Thank you very much for your help in clearing this up. Hope to see you at the next council meeting. Thank you, Charles Crane (208)895-8010 1 Acla Co"111t 'I'_g ,2)ijt,i,t Sherry R. Huber, President Judy Peavey -Derr, Vice President 318 East 37th Street Marlyss Meyer Routson. Secretary Garden City, Idaho 83714-6499 Dave Bivens, Commissioner Phone (208) 387-6100 Susan S. Eastlake, Commissioner Pax (208) 387-6391 E-mail. tellus@achd.ada.id.us December 21, 1999 To: Mayor Bob Corrie, Meridian City Council Members, and Shari Stiles Re: MAZ991-013, _harles;Craneg CITY OF NIERIDiA�N On July 28, 1999, the Ada County Highway District reviewed MAZ99-013, a rezone application for a 1.9 -acre parcel located at 3610 W. Ustick Road. When the Ada County Highway District receives a rezone or annexation application, staff prepares a report that outlines conditions of approval that will be imposed, upon future development of that site. Those conditions of approval, (Site Specific Requirements), do not go into effect until the District receives a subdivision, private road, design review, or conditional use application for that site. In this case, the staff report provided serves to let the applicant know what ACHD improvements will be required, when and if the site redevelops- ACHD does not have any requirements for the rezone of the site at this time. Please feel free to contact me at 387-6170 if you have further questions regarding this matter. Sincerely, no & Development Supervisor Cc: Charles Crane, applicant Project file DEC 21 '99 13:15 12-Z/--1 l 20e 387 6393 PAGE.02 December 13, 1999 Letter to the Mayor and City Council of Meridian From: Charlds'Crane 3610 W. Ustick Road Meridian, ID 83642 Re: Annexation & Zoning of 3610 W. Ustick Road Dear Mr. Mayor and City Council, RFCJ-:�'WED DEC 14 1999 City of INTe.ridian City Clerk Office There is an error in the Development Agreement. Mr. Gigray said I should write you a letter explaining why I cannot sign the Development Agreement as written. He said you would be able to put me on the City Council schedule where this could be cleared up. I will try to keep this brief and to the point. ACHD does not recommend items 1.7 through 1.12 as stated in the Planning and Zoning Recommendation to City Council and therefore in the Development Agreement. These requirements are only for a future development or a change in the application. According to ACHD a development proposal is not required for a one time split. I have asked Christy Richardson with ACHD to further clarifying this in writing to you. She has verbally explained to me at our original review meeting and again recently that the Site Specific Requirements: do not apply to a one time split and building permit but only to future development proposals. Please see the letter dated September 20, 1999,from Steve Siddoway to the Mayor & City Council also explaining this error. Planning and Zoning minutes for the approval dated August 31, 1999 also support this. Quoting from Mr. Borops comments. "Curb, gutter and sidewalk" does not need to be done. "Sewer and water are the only development requirement of the city for a one time split". I talked to Sherri Stiles 12-10-99 as soon as she got back from vacation and she agreed these ACHD items were not required and should not be there. ACHD contacted Sherri to explain they do not want the easement at this time and wants a written explanation from Meridian why they should. FBC1w,wED DEC a, 2 1999 MEMORANDUM ''IIAN �� � ,� � � tip. & To: William G. Berg, Jr. &: Mayor Robert D- Corrie and City Council fSari-Stiles,.P.lanni From: Wm. F. Givray, III , Subject: Charles 'GraneyAZ-99-0U Date: ` '� December 2, 1999 Will Pursuant to the Council's action on the 16,h , our office has prepared the revised Findings of Fact and Conclusions of Law and Decision and Order Granting „ Application, for Annexation and Zoning of Case No. AZ -99-013. The. revisions include the elimination of Findings numbers 20 and 2i.3 and 21.5, and a revision to Section 3.9 of the Decision and Order. We also submit a new Development Agreement with changes to Section 5.`2.S,to reflect the changes and revisions of the Order and Decision of Section 3.9. Please enter these Findings and route the, netiv Development Agreement to Charles Crane for signature. Additionally, after speaking with Planning and Zoning please note the insertion of the ACHD's letter of Julv 28,,1,999, pertaining to future development. This language has been added to the De,�elopinent Agreement also, and the two year time period deleted. If you have any questions please advise. ms Z:AWork\NI\Meridian 15360[,1\Crane, CharlesyClerk) l 1599 \lem VECU YVE]D Nov 18 1999 CITY Uri ti$; PLANNI 'G .Ri hili I. Ct MEMORANDUM To: William G. Berg, Jr: cc: Mayor Robert D. Corrie and City Council oShan,-Stiles;.Planning,and .Zoning,,,,. From: Wm. F. Gigray, III. DICTATED SY ATTORNEY A"ID SENT IVITHGUT SIGIN TUBE IN _._ . HIS 18SERE TO AVOID DELAY Subject: Charles Crane AZ -99_01 Date: November 18, 1999 Will: Pursuant to the Council's action on the 16`x', our office has prepared the revised Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning of Case No. AZ -99-013. The revisions include the elimination of Findings numbers 20 and 21.3 and 21.5, and a revision to Section 3.9 of the Decision and Order. We also submit a new Development Agreement with changes to Section 5.2.8 to reflect the changes and revisionsof the Order and Decision of Section 3.9. Please enter these Findings and route the new Development Agreement to Charles Crane for signature. If you have any questions please advise. msg/ZAWork\M\Meridian 15360M\Crane, Charles\Clerk111899.Mem. s FHQ]G Ul/CL 4ala Co11tntq-wiAg4t1t1atj Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City. Idaho 83714-6499 Martyss Meyer Routson. Secretary Phone (208) 387-6100 Dave Givens. Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: teflus@achd.ada.id.us PLANNING and DEVELOPMENT DELIVER FAX TO: NAME OF COMPANY: TITLElDEPARTMENT: DATE. All RECEIVING FAX NUMBER:_ 38s1 Yczle) NAME: CONFIDENTIAL: YES NO NUMBER OF PAGES (including cover sheet) —2-" FROM ADA COUNTY HIGHWAY DISTRICT (fax # 387-63911 or fax # 387-6393) TITLE/DEPARTMENT: rA Please call if you have any questions or if you did not receive all Pages of this fax. You may call us at 337-6170 DEC 21 '99 13=15 208 387 6393 PAGE.01 is MEMORANDUM CITY OF MERIDIAN CITY CLERK'S OFFICE TO: City Council Members FROM: William G. Berg, Jr. ti10 DATE: Wednesday, December 15, 1999 RE: Charles Crane letter dated December 13, 1999 RECEIVED CITY OF MERIDIAN �(TV rj Pqk r1F'r—Ir`F The Mayor has informed me that the letter dated December 13, 1999 from Mr. Charles Crane has been delivered to Mr. Gigray for his review. if you have any questions concerning this issue, please contact the Mayor. Thank you. Also requiring 48 feet of deeded easement would reduce the lot to .4 acres and violate the R2 zoning. Moving the lot line is not an option as it would violate setback requirements or require tearing down existing buildings. From the ACHD approval letter dated July 28, 1999: "If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian:" Thank you very much for your help in clearing this up. Hope to see you at the next council meeting. Thank you, �-," liuwZ, Charles Crane (208) 895-8010 Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON "KEITH BIRD MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN To: Mayor & City Councif LEGAL DEPARTMENT, (208) 288-2499 - Fax 288-2501 PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 (208) 888-4433 • Fax (208) 887-488 PLANNING AND ZONING City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 /o September 20, 1999 From: Steve Siddoway, Assistant Planner 40j Bruce Freckleton, Assistant to the City Engineer Re: Recommendation to City Council in the matter of the request for Annexation and Zoning of 1.9 acres at 3610 W. Ustick Road by Charles'Cr`ane: Case No. AZ -99-013. We have reviewed the Recommendation to City Council for this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion' of the Meridian City Council: 1. As written in the Recommendation to City Council (page 3, 1.7-1.12), the ACRD requirements for constructing sidewalks along Ustick, etc. would become effective immediately. This should be corrected to reflect ACHD's intent to require them as part of any future development application, but not as part of the annexation, zoning, and one-time lot split proposed by the applicant. The ACHD letter dated July 28, 1999 states that "If. -the District receives a development proposal, the District intends to provide the following requirements..." 2. The applicant has requested a delay in the requirement to pay assessment fees and- connect to City services. The requirement for assessment fees and connection to City services will become effective upon sale of any portion of the property. a M6 Ada count Sherry R. Huber, President Judy Peavey -Derr, Vice President Marlyss Meyer Routson, Secretary Dave Bivens, Commissioner Susan S. Eastlake, Commissioner July 28, 1999 IrC' har.les_-G,rzne== . 3610 W. Ustick Road Meridian, ID 83642 ✓QCq4000Cy 2)ij tPid Re: Staff Level Approval 'r-_N_I•AZ9970T3= 3610 W. Ustick Facts and Findings: RE°E�� CITY 011', jbjt1DUN pLANNING & ZONING 318 East 37th' Street Garden City, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 387-6391 e-mail: tellus@achd.ada.id.us Rezone RT to R4 AUG 1 0 1999 CITE' OF ME, IDLIVN A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting a rezone from RT to R4. The 1.9 -acre site is located on the north side of Ustick Road approximately 1,000 -feet west of Ten Mile Road. This. development is estimated to generate 70 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by Meridian City on July 1, 1999, and submitted to the District on July 7, 1999, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below.- If elow: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to'any additional `requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 48 -feet of 'right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 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. Construct 5 -foot wide concrete, sidewalk on Ustick Road within 2 -feet of -the new right-of-way abutting the parcel. Coordinate the location, elevation, and grade of the sidewalk with District staff. 3. Locate a 24 to 30 -foot wide driveway on Ustick Road to align with Turnberry Way on the south side of Ustick Road. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Ustick Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge: 1. 4. Utility street cuts in the new pavement are not.allowed_unless,approved in,writing by the District. Contact Construction Services at 387-6280 (with file'number) for details: 5. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. a f x Standard Requirements: - 7. This decision of the Planning and Development Supervisor may be appealed to the Ada County ,Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. Th�4uest shall specifically identify each requirement to be reconsidered and include a written exj2lanation of why such a requirement would result in a y substantial hardship or inequity. The request will be heard by the District Commission at an , evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. .r 8. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically idn ify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the ' 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. 9. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. MA7_9901 ISLA Page12 r 10. All design and constriction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 11. 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. 12., Constriction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 13. 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 riles, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 14. 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. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sinc Sale lanningind Development Supervisor cc: Project file Lead agency ti1A7990I3.SLA Page 3 O O r 0 0 0 00 C" 11 tc.CD� `rpm - N w � 4 i ( o CD m October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3, 1999 APPLICANT: CHARLES CRANE ITEM #: 11 REQUEST: ANNEXATION AND ZONING R-T TO R-4 AGENCY A COMMENTS CITY CLERK: SEE PREVIOUS PACKET 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: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 0 October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5, 1999 APPLICANT: . CHARLES CRANE " ITEM #: 15 REQUEST: ANNEXATION AND ZONING (R -T TO R-4) AGENCY COMMENTS CITY CLERK: REFER TO PACKET OF 9/21/99 CITY ENGINEER: t CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: a CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: e MERIDIAN SCHOOL DISTRICT: , MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: k' CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: F: k, SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: i. All Materials presented at public meetings shall become property of the City of Meridian. I MEMORANDUM: e To: Mayor & City Council From: Steve Siddoway, Assistant Planner �j Bruce Freckleton, Assistant to the City Engineer cc R��/9,9 LEGAL EPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 September 20, 1999 Re: Recommendation to City Council in the matter of the request for Annexation and Zoning of 1.9 acres at 3610 W. Ustick Road by Charles Crane. Case No. AZ -99-013. We have reviewed the Recommendation to City Council for this submittal and 'offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. As written in the Recommendation to City Council (page 3, 1.7-1.12), the ACHD requirements for constructing sidewalks along Ustick, etc. would become effective immediately. This should be corrected to reflect ACHD's intent to require them as part of any future development application, but not as part of the annexation, zoning, and one-time lot split proposed by the applicant. The ACHD letter dated July 28, 1999 states that "If ...the District receives a development proposal, the District intends to provide the following requirements..." 2. The applicant has requested a delay in the requirement to pay assessment fees and connect to City services. The requirement for assessment fees and connection to City services will become effective upon sale of any portion of the property. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 MEMORANDUM: e To: Mayor & City Council From: Steve Siddoway, Assistant Planner �j Bruce Freckleton, Assistant to the City Engineer cc R��/9,9 LEGAL EPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 September 20, 1999 Re: Recommendation to City Council in the matter of the request for Annexation and Zoning of 1.9 acres at 3610 W. Ustick Road by Charles Crane. Case No. AZ -99-013. We have reviewed the Recommendation to City Council for this submittal and 'offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. As written in the Recommendation to City Council (page 3, 1.7-1.12), the ACHD requirements for constructing sidewalks along Ustick, etc. would become effective immediately. This should be corrected to reflect ACHD's intent to require them as part of any future development application, but not as part of the annexation, zoning, and one-time lot split proposed by the applicant. The ACHD letter dated July 28, 1999 states that "If ...the District receives a development proposal, the District intends to provide the following requirements..." 2. The applicant has requested a delay in the requirement to pay assessment fees and connect to City services. The requirement for assessment fees and connection to City services will become effective upon sale of any portion of the property. F r i BEFORE THE PLANNING AND ZONING COMMISSION F; IN THE MATTER OF THE } Case No. AZ -99-013 REQUEST FOR ANNEXATION. ) AND ZONING OF 1.9 ACRES ) L RECOMMENDATION TO CITY AT 3610 W: USTICK RD. ) COUNCIL , ) BY CHARLES CRANE ) A. INTRODUCTION 4 1. The property is approximately 1.9 acres in size. The property is located at 3610 W..ustick R6ad.T 2.The owner of record of the subject property is Charles Crane, of 3610 W. Usticic Road, Meridian, Jdaho, f 9 r 3. Applicant is the owner of record. 4. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of a single family dwelling. 4 5. The Applicant requested the property be zoned as Meridian City Lowy, Density Residential (R -4) --defined at 11-2-408(3). ` 6. The proposed site of the subject -.property is located north of Usticic ` Roa&approximately 1,000 feet west of Ten Mile. 7, The subject property is bordered to the south by Englewood Creek Estates Subdivision, to the north, east and west by rural agricultural property. The y _ RECOMMENDATION TO CITY COUNCIL.= 1 , ANNEXATION AND ZONING - CHARLES CRANE - 3610 W. USTICK RD.. 9 Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 X LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 jAND ZONING Z�^'^� - DSP, RTMENT ' 19Qr ('_08)884-5533 JL ,; 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ -99-013 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD BY: CHARLES CRANE LOCATION OF PROPERTY OR PROJECT: 3610 W. USTICK ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS 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) RECEIVED J U L 0 7 1999 Meridian City Water Superintendent Acla Couniti.—Riahtuatt 2)ij1Pic1 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@achd.ada.id.us July 2S, 1999 Charles Cranes 3610 W. Ustick Road AUG 1 0 1999 Meridian, ID 83642 CITE' OF MTIRIDL-��, Re: Staff Level Approval MAZ99-013 3610 W. Ustick Rezone RT to R4 Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting a rezone from RT to R4. The 1.9 -acre site is located on the north side of Ustick Road approximately 1;000 -feet west of Ten Mile Road. This development is estimated to generate 70 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by Meridian City on July 1, 1999, and submitted to the District on July 7, 1999, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to provide the -following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever'occurs first. 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. Construct 5 -foot wide concrete sidewalk on Ustick Road within 2 -feet of the new right-of-way abutting the parcel. Coordinate the location, elevation and -rade of the sidewalk with District staff. y 3. Locate a24 to 30 -foot wide driveway on Ustick Road to align with Turnberry Way on the south side of Ustick Road. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Ustick Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. In accordance with District policy,.stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: 7. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a writ en ex lanation of why such a requirement would result in substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall uaia tnat was not avatianie to we i ommisston at the time oft 's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the 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. 9. Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. N1AZ99011SLA Page 2 10. All design and construction shall be in accordance with the Ada County Highway District Policv Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. ii. 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. 12. Constriction, use and property development shallbe in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 14. No change in the terms and condition`s 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. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sinc anning/,6nd Development Supervisor cc: Project file Lead agency MA7_99013SLA Page 3 Y U CO 0 T M W z Q U U) LU J Q U LL 0 0 o Irl O 0 CD 0 0 ch C cg CENTRAL DISTRICT TEALTH DEPARTMENT CEN1 RAL DISTRICT HEALTH DEPARTMENT Environmental Health Division 6/_.? Conditional Use ## Preliminary / Final / Short Plat Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz I . We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. �' I ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ b. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: CDHD 10/91 rc, rev. 7/97 Review Sheet ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: _7 Reviewed By:l. CDHD 10/91 rc, rev. 7/97 Review Sheet July 12, 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ICS 63642 7 ; 7- JUL - JUL 14 1999 CITY OF ME -RI LAA 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: AZ -99-013 Annexation & Zoning for 3610 W. Ustick Road for Charles Crane Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, �nson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:din Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MEMORANDUM: August 5, 1999 To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Steve Siddoway, Assistant Planner Re: Request for Annexation and Zoning of 1.9 Acres to R-4 by Charles Crane We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. The property included in this application is designated part Single-family Residential and part Rural Residential/Agricultural in the Comprehensive Plan. Englewood`Cieek Estates is -`+south of this parcel and rural/agricultural property is north, east, and west of this parcel. The ` Meridian wastewater treatment' plant is approximately '/� mile north of the property, but does 4OX^. not abut the property. y�tiM1� 2. The property should be zoned R-2, Rural Low Density Residential, with restrictions that the Ito property can bei split into only two parcels. 3. Applicant must provide documentation to the City showing eligibility for a one-time lot split. 4. Any existing domestic wells and/or septic systems within the property 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. 5. Applicant must coordinate utility connections with Meridian Public Works Department. 6. Ninemile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Ninemile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 7. The applicant should be required to enter into a development agreement with the City of Meridian to regulate use of the property as described above. Cmue.az P&Z Commission/Mayor & Council August 5 1999 Page 2 8. This is the first application for annexation and zoning north of Ustick Road between Ten Mile Road and Black Cat Road. If approved, other applications may follow. Commission and Council should consider the precedent set by this application. 9. The legal description submitted for annexation and zoning appears to describe the subject property, and complies with the requirements of the State Tax Commission 'and City of Meridian. An approved copy of the description has been delivered to the City Attorney's Office for their use in the preparation of an annexation ordinance. 0 AZ -99-013 Crane.AZ MERIDIAN PLANNING & ZONING MEETING: AUGUST 31 1999 APPLICANT: CHARLES CRANE ITEM NUMBER: 3 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD AGENCY COMMENTS CITY CLERK: SEE ATTACHED COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING,DEPT: P CITY SEWER DEPT: CITY WATER DEPT: k SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS 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. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208)884-5533 • Faz 887-1297 AUG itL of '-�t•,'';a�:. MEMORANDUM: August 5, 1999 To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Steve Siddoway, Assistant Planner q;7 Re: Request for Annexation and Zoning of 1.9 Acres to R-4 by Charles Crane We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. The property included in this application is designated part Single-family Residential and part Rural Residential/Agricultural in the Comprehensive Plan. Englewood Creek Estates is south of this parcel and rural/agricultural property is north, east, and west of this parcel. The Meridian wastewater treatment plant is approximately %4 mile north of the property, but does not abut the property. 2. The property should be zoned R=2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 3. Applicant must provide documentation to the City showing eligibility for a one-time lot split. 4. Any existing domestic wells and/or septic systems within the property 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. 5. Applicant must coordinate utility connections with Meridian Public Works Department. 6. Ninemile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Ninemile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 7. The applicant should be required to enter into a development agreement with the City of Meridian to regulate use of the property as described above. Crane.AZ.doc H P&Z Commission/Mayor & Council August 5, 1999 Page 2 8. This is the first application for annexation and zoning north of Ustick Road between Ten Mile Road and Black Cat Road. If approved, other applications may follow. Commission and Council should consider the precedent set by this application. 9. The legal description submitted for annexation and zoning appears to describe the subject property, and complies with the requirements of the State Tax Commission and City of Meridian. An approved copy of the description has been delivered to the City Attorney's Office for their use in the preparation of an annexation ordinance. AZ -99-013 Crane.AZ.doc TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ -99-013 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD BY: CHARLES CRANE LOCATION OF PROPERTY OR PROJECT: 3610 W. USTICK ROAD TAMMY DE WEERD, P/Z HUB OF TREASURE VALLEY MALCOLM MACCOY, P/Z Mayor THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council INfernbers CITY OF MERIDIAN (208)884-1'_61 � ; PUBLIC WORKS CHARLES ROUNTREE33 EAST IDAHO ' ` , _A�; ' ' BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLA {VNING AND ZONING KEITH BIRDDEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT ^FIRE (208) 884->i33 YOUR CONCISE REMARKS: TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ -99-013 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD BY: CHARLES CRANE LOCATION OF PROPERTY OR PROJECT: 3610 W. USTICK ROAD TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR �RON NAMPA MERIDIAN IRRIGATION DISTRICT ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) —GLENN BENTLEY, C/C '_WATER INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) DEPARTMENT BUREAU OF RECLAMATION (PRELIM & FINAL) SEWER DEPARTMENT BUILDING DEPARTMENT ^FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER Mayor ROBERT D. CORRIE Q21= Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO NIERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARtMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT ('_08)887-22_11 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by ther Meridian Planning & Zoning Commission, please submit yourcomments and recommendations to Meridian City Hall, Attn: Wil -I Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ -99-013 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD BY: CHARLES CRANE LOCATION OF -PROPERTY OR PROJECT: 3610 W. USTICK ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS 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 C ITY ATTORN EY _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: 7 -LQ 'q 9 r I " J % �2r Ltj , 7 lam. /UO Q 00 Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD KUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO NIERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264: PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 vim'[ - _PYLA t AND ZONING -iDtjPRTMENT J J L 0 � 208) 884-5533 199-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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10_1999 FILE NUMBER: AZ -99-013 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD BY: CHARLES CRANE LOCATION OF PROPERTY OR PROJECT: 3610 W. USTICK ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, PIZ _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENTr _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITYATTORNEY _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: RECEIVED J U L 0 7 1999 Meridian City Water Superintendent s Acla COttn1VWiq4waV 2)ij1pict 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@achd.ada.id.us July 28, 1999 Charles Crane 3610 W. Ustick Road Meridian, ID 83642 Re: Staff Level Approval MAZ99-013 Facts and Findings: 3610 W. Ustick Rezone RT to R4 _�VTTTI 7-- AUGUG 1 0 1999 CITY OF IN'IIJRIDVt A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting a rezone from RT to R4. The 1.9 -acre site is located on the north side of Ustick Road approximately 1,000 -feet west of Ten Mile Road. This development is estimated to generate 70 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by Meridian City on July 1, 1999, and submitted to the District on July 7, 1999, have been reviewed by the ACRD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. If the rezone is approved and the District receives a development proposal, the District intends to Provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 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. Constrict 5 -foot wide concrete sidewalk on Ustick Road within 2 -feet of the new right-of-way abutting the parcel. Coordinate the location, elevation and grade of the sidewalk with District staff. Locate a 24 to 30 -foot wide driveway on Ustick Road to align with Turnberry Way on the south side of Ustick Road. Pave the driveway its frill required width and at least 30 -feet beyond the edge of pavement of Ustick Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upont review of a future application for this site. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: 7. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be rQconsidered and include a written explanation of why such a requirement would result in a substantial hardship or in 4 ii v The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available m the Commission at the time of it's original decision The request for reconsideration wiII be heard by the District Commission at the next regular meeting of the 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. 9. Payment of applicable road impact -fees are required prior to building construction in accordance with Ordinance # 188, also known as Ada County Highway District Road Impact Fee Ordinance. �1AZ990I3.SLA Page 2 10. All design and constriction shall be in accordance with the Ada County Hi�hwav District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 1 1. 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. 12. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. U. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force of the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 14. 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. Conclusion of Law: 1. * ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. E lanningind Development Supervisor cc: Project file Lead agency NIAZ9e0i 3.sLA Page 3 d 0 0 o Iro O O r of o ; 0 I i 00 V� I � Y0 7 m N O 0 o " � I 0 (7§*rCENTRAL *hEALTH DISTRICT DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Conditional Use # Preliminary / Final / Short Plat Return to: ❑Boise ❑ T Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACz I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal._' ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ b. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ IL This Department would recommend deferral until high seasonal ground water can Ge determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: Reviewed By:�_ CDHD 10/91 rd, m. 7/97 Review Sheet July 12, 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ILS 83642 a T.-? T 9 7 � 77 J U L 1 4 1999 CITY C r N1 R1DL N 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: AZ -99-013 Annexation & Zoning for 3610 W. Ustick Road for Charles Crane Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. I , Sincerely, Qfenson , Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ -99-013 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD BY: CHARLES CRANE LOCATION OF PROPERTY OR PROJECT: 3610 W. USTICK ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS 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,PI ANNER­-7 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) UR CNCISE R fez, 0 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Members CITY OF MERIDIAN (208) 884-4264 uCoundl PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY RON ANDERSON MERIDIAN, IDAT��TTP�, Phone (208) 888-4433 • Fax=-4F�8' _'� (208) 887-2211 PLANNING AND ZONING KEITH BIRD DEPARTMENT J U L 0 6 1999 (208) 884-5533 CITY Or MERIDIAN PLANNING & ZONING TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ -99-013 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD BY: CHARLES CRANE LOCATION OF PROPERTY OR PROJECT: 3610 W. USTICK ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS 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,PI ANNER­-7 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) UR CNCISE R fez, 0 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: 3Go to ic�USfi'cK � GENERAL LOCATION: ria 10s TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): res,^ Q ✓ ,'� ACRES OF LAND IN PROPOSED ANNEXATION: / • i PRESENT LAND USE: S7'e'e Si'o��o w� y TEcrlc_ 39`x- SS33 JuL CITY OF MERIDIANI 5s°u;rclL 33 East Idaho Street, Meridian, ID 83642 ;fit; T Phone: (208) 888-4433 l� Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: 3Go to ic�USfi'cK � GENERAL LOCATION: ria 10s TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): res,^ Q ✓ ,'� ACRES OF LAND IN PROPOSED ANNEXATION: / • i PRESENT LAND USE: S7'e'e Si'o��o w� y PHONE: 39`x- SS33 ADDRESS: PROPOSED LAND USE: Si"•v l� -r—, PRESENT ZONING DISTRICT: R T PROPOSED ZONING DISTRICT: K L/ APPLICANT: C 4 ct N 1 e s Cr � Al -e PHONE: 9 15`9 o 1 o ADDRESS: 3c10 al. K U ENGINEER, SURVEYOR, OR PLANNER: S7'e'e Si'o��o w� y PHONE: 39`x- SS33 ADDRESS: OWNER(S) OF RECORD: ADDRESS: 3 G /O ck r _5' � y a A/ -f- u/ �f .S /-c % R'0 PHONE: Signature of Applicant m r (D m O O W) r O CD cy O O CD y014 0 �0 O m O i 0 0 M 0 1. Applicant: Charles Crane 3610 W USTICK RD, Meridian ID 83642 895-8010 2. Owner is Charles Crane same as # 1. Please see attatched copy of warranty deed 3. This is a request to have this property annexed into the City of Meridian and rezoned as an R4 district. 4. Please see attatched legal description of property signed and stamped by land surveyor. 5. Present land use is for low density single family, dwelling. 6. Proposed land use is to split and use for low density single family dwellings. 7. Present zoning is Ada County RT (Rural Transitional).. , 4 L 8. Proposed zoning is Meridian City R4. M 9. Use of land and structures became limited when Ada County Zoning was created and it became non conforming. 10. Surrounding land is already annexed as City of Meridian. To the side of us the North I east corner of 10 mile and Ustick is zoned R4. 'The property across the' road on the.South side of Ustick is zoned R4. Behind us the property is zoned I L 11. The change follows the" City of Meridian Comprehensive Plan to mainiain this area as low density single family/rural"residential housing. 12. Please see attatched map of property, scaled at one inch equals 100 feet. 13. Please see attatched map showing vicinity of property,.scaled at one inch equals 300 feet...., 14. A list has been obtained from Meridian Planning and zoning to mail a notice to Property owners withing 300 feet. 15. Fees have been paid for mailings and application. pi 16. This is an affidavit that notice 1 week before the public hearing. These will include applicant name fm�ing amendment, and time and date of the hearing. ' a' 17. I Charles Crane have rea he ontel t�Tf this application and verify that the - information contained the 'n r`ue..atldidbgect to the best of my knowledge. } b Cella Marks, L& 7045 - 6405 Us&k Real - Bsise, 10 83700 - (2081379-7703 PROPERTY DESCRIPTION FOR CHARLES CRANE A parcel of land being a portion of the East Fifteen Acres of the Southwest Quarter Southeast Quarter and a portion of the Southeast Quarter Southeast Quarter, all lying in Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a found 1/2" iron pin marking the E1/4 Corner of said Section 34, T. 4N., R.1W., B.M., Ada County, Idaho; thence S.0°17'35"W. (formerly S.0912'W.) 2643.52 feet along the east boundary of the said SE 1/4 of Section 34 and along the centerline of Ten Mile Road to a found Brass Cap marking the Section Corner common to Sections 34 and 35, T. 4N., R. 1W., B.M., Ada County, Idaho and Sections 2 and 3, T.3N., R. 1W., B.M., Ada County, Idaho and also marking the centerline intersection of said Ten Mile Road and Ustick Road; thence N. 89'43'00"W. 1019.45 feet along the south boundary of the said SEI/4 of Section'34 and along the said centerline of Ustick Road to a point, said point being witnessed by a set 1/2" iron pin which bears N.37°42'48"W. 31.72 feet, said point also marking the REAL POINT OF BEGINNING,- thence EGINNING; thence continuing N.8T43'00"W. 351.17 feet along the said south boundary of the SEI/4 of Section 34 and along the said centerline of Ustick Road to a point, said point being witnessed by a set 1/2" iron pin which bears N.0°45'38"W. 25.00 feet; thence N.0°45'38"W. 460.34 feet to a set 1/2" iron pin; thence 5.37142'48"E. 584.06 feet to the point of beginning, containing 1.90 acres, more or less. Subject to any easements or rights of way of record or in use. 4�'Gl e n 7045 OlLEEIN �S \ �'� \ 001, ,E \ 4 \ s4 I Owl PAM "Pll IN5MWW No, 922014 1 \ s VM& pm Wvl6COW C11Ad 3�} Y 3 332J0' &t,'A' o 5035' _ _ _ 30082' s �I 12.94' NB9-113t(Y'W. 2640.72' (2640,Ml) 13A% Of MMNG 3' 171A. GMf' � k r JJ� Order No. 98003729 J'4 This form furnished by Stewart Title Company of Idaho, Inc. WARRANTY DEED For Value Received THE LOEWEN FAMILY TRUST, DATED AUGUST 11, 1997 the Grantor hereby grants, bargains, sells, conveys and warrants unto CHARLES B. CRANE and DAWN M. CRANE, husband and wife 3610 the Grantee whose current addr ,-ts/6'3'l-& WEST IISTICK ROAD MERIDIAN, ID 83642 the following described premises, to -wit: AS PER LEGAL DESCRIPTION ATTACHED HERETO THIS DEED IS BEING RE—RECORDED TO CORRECT THE PROPERTY ADDRESS. l TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises; that said premises are free from all incumbrances and that he will warrant and defend the same from all lawful claims whatsoever. Dated: October 22, 1998 J2 6 r,a!%J� ZiAlAp, U 6 - State of ID ss. County of ADA On this day of before me, the ---- rsersrgYrt`ii-a-morary-rumir-ln-ana rorsatcrztate personalty appearea known to me, and/or identified to me on the basis of satisfactory evidence, to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that executed the same. WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) RECORDED' REnUEST DEPU7 ,1G J. GA,VIiI �AvAR.r:° FEE ;W� Notary Public 13nin,1OPM0 1 p 913 6 Residing at: BOISE, ID 98109136 Commission Expires: September 14, 2002 {99a p!0 .I 3 Ar110 S 1 STEW ART 7f TLE (}, LEGAL DESCRIPTION rder Numb er.• 980037.2 CAMMENCING AT THE SOUTHEAST CORNER RANGE 1 OF ,SECTION 34, TOWNSHIP 4 NORTH SECTION 34. WEST, BOISE MERIDIAN, THENCE ALONG THE SOUTH SECTION LINE OF NORTH 89° 06'n 36 -WEST 1019.45 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 06' 36" WEST 351. THENCE NORTH 00 09' 14" WEST 17 FEET TOA POINT; 0 460.34 FEET TO A POINT; THENCE 37 06' 24" EAST 584.06 FEET TO THE REAL POINT OF BEGINNING. SOUTH "o, w ' STATE OF IDAHO, COUNTY OF ADA, ss. On this 22nd day of October in the year of 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared KeRRL+K 1,pQLOM 4-t MaV- OY�T-- (-bewlA known or identified to me to be the persons whose n les ar sue bscribed to the within instrument, as Trustees of THE LOEWEN FAMILY TRUST dated August 11, 1997, and acknowledged to me that executed the same as Trustees. WA I t%•�... Signature: r i 0 q� e Name: Chris M. Sanders CA • „e o = Residing at: Boise, ID SLI C �'��e� Comm. expires: 9/14/2002 �j.O ,..P ID �T July 28, 1999 CC �—� Eharles-Crane ^� 3610 W. Ustick Road Meridian, ID 83642 Re: Staff Level Approval MAZ99-013 3610 W. Ustick Rezone RT to R4 c= Facts and Findings: A. ' The Ada County Highway District (ACHD) staff has received the above referenced application requesting a rezone from RT to R4. The 1.9 -acre site is located on the north side of Ustick Road approximately 1,000 -feet west of Ten Mile Road. This development is estimated to generate 70 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application -and site plan stamped as received by Meridian City on July 1, 1999, and 4—A� submitted to the District on July 7, 1999, have been reviewed by the ACHD Planning and C7' Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will'not be heard by the ACHD Commission unless the site pian is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. �= If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply C7=upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way'dedicated as an addition to existing right-of-wav from C� 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. q 2. Construct 5 -foot wide concrete sidewalk on Ustick Road within 2 -feet of the new right-of-wav abutting the parcel. Coordinate the location, elevation and grade of the sidewalk with District staff. 3. Locate a 24 to 30 -foot wide driveway on Ustick Road to align with Turnberry Way on the south side of Ustick Road. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Ustick Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 5. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 6. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: , 7. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The regsies shall ifi ally identify each requirement to be 4—A reconsidered and in ludwhy such a requirement wo Id result in a substantial hardsh or int pit _ The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal tetter. The .-Z~-.► R appellant will be notified of the date and time of the Commission meeting. 8. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. M -request for reconsideration shall specifically identifv each requirement to be reconsidered and include written documentation of data that was no vailabl to h ommi ion �t th e tiof it's oriQinal decision- 'The request �.� for reconsideration will be heard by the District Commission at the next regular meeting of the 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. 9. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. ■ 10. 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 � C= NIAZ99Q13.SLA Page 2 I applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State,of Idaho shall prepare and certify all improvement plans. 11. 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. �4, 12. Constriction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. * 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant' to the law in effect at the time the change in use is sought. r– —� 14. No change in the terms and conditions of this approval shall be valid unless they are in writing C� .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. , Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. '0 Sincerely, Larry Sale t Planning and Development Supervisor cl= ;---4cc: Project file Lead agency Com'' *VLA7_99013.S1,A Page 3 November'12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16 1999 APPLICANT: CHARLES CRANE ITEM #: 1 REQUEST: ANNEXATION & ZONING (R -T TO R-4) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE FINDINGS CITY POLICE DEPT: 2. F i's j YAW,u/ 411.1-t� cam- 2 s�T'k , loft ' w�10— �2Gs+�►) 4. v 0 BEFORE THE.MERIDIAN CITY COUNCIL L i J� CITE' O IN THE MATTER OF THE ) Case No. AZ -99-013 APPLICATION OF CHARLES ) CRANE, THE APPLICATION FOR ) FINDINGS OF FACT AND ANNEXATION AND ZONING ) CONCLUSIONS OF LAW AND OF 1.9 ACRES FOR AT 3610 W. ) DECISION AND ORDER USTICK RD.,MERIDMN, IDAHO ) GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 21, 1999, and continued to October 5, 1999, and Shari Stiles appeared and commented, and the Applicant, Charles Crane, appeared, and the matter was continued for public hearing to November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant and owner, Charles Crane, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact.and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE a FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for September 21, 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 week 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 21, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the M City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. F 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 1.9 acres in size. The property is located at 3610 W. Usticic Road. 5. The owner of record of the subject property is Charles Crane, of 3610 W. Usticic Road, Meridian, Idaho. 6. Applicant is the owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of a single family dwelling. 8. The Applicant requested the property be zoned as Meridian City Low Density Residential (R-4) defined at 11-2-408(3). 9. The proposed site of the subject property is located north of Usticic Road approximately 1,000 feet west of Ten Mile. g 10. The subject property is bordered to the south by Englewood Creek o Estates Subdivision, to the north, east and west by rural agricultural property. The city limits of the City of Meridian are adjacent and abut to the south of the subject property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. k k: 12. 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. 13. The Applicant proposes to develop the subject property in the following 1 manner: Development of Low Density Single Family dwellings. 14. The Applicant requests zoning of the subject real property as Low e_; Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density Single Family and Rural Residential Housing. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental I subdivisions providing services in the City of Meridian planning. jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the recommendations of the Engineering Department and the Planning and Zoning Department as follows: 16.1 The property should be zoned R-2, Rural Low Density Residential, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE restrictions that the property can be split into only two parcels. 16.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 16.3 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. 16.4 Applicant shall coordinate utility connections with Meridian Public Works Department. 16.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 16.6 That applicant shall be required to enter into a development agreement with the ,City of Meridian to regulate use of the property as described above. The Meridian Planning and Zoning Commission approves the application as annexation and zoning. for R-2 Rural Low Density Residential. Adopt the Ada County Highway District's Recommendations as follows: 16.7 Applicant shall dedicate 48 -feet of right-of-way from the centerline of Usticic Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 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. 16.8 Applicant shall construct a 5 -foot wide concrete sidewalk on Usticic Road within 2 -feet of the new right-of-way abutting the parcel. Coordinate the location, elevation and grade of the sidewalk with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Ll -i LJIL 00 a, Ul O ............. C) O'd)" Ll -i LJIL 00 a, Ul O f a, .u. November 12, 1999 MERIDIAN'CITY COUNCIL MEETING: NOVEMBER 16, 1999 APPLICANT: CHARLES CRANE ITEM #: 1 REQUEST: ANNEXATION & ZONING (R -T TO R-4) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITYATTORNEY: SEE FINDINGS 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: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. CONk* as 5,V$ftAa 56"k * S%(a r� z APPLICATION COMMENT SHEET Reviewed by: �Amli Date:1 1 Applicant: G c,ffiw Project: Comments: kmft -P� zone 2. � r 3. �acte� iS s ilk awtd tMIN, R� saeY►�ai . �ro,(�°°a { i s � sP t� 3- }�. Cod �� 4. .J1 .T r�L7r.•.. _ �.- r, District staff.. 16.9 , Locate a 24 to 30 -foot wide driveway on Us tick Road to align with Turnberry Way on the south side of Usticic Road. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Usticic Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 16.10 Utility street cuts in the new pavement are not allowed unless approved in -writing by the District. Contact Construction Services at 387-6280 (with, file number) for details. 16.11 In accordance with District policy, stub streets to the undeveloped parcels abutting this xsite may be required upon review of a future application for this site. 16.12 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in finding no. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, -constructed, operated and maintained in a manner which, is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use , FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE subject application. 21.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 3 of on of ercial ct to nt is fa ,}hated by the 21.4 The application is consistent with Meridian's self identity. 1.5 The pr osed developm will be consist nt \vith the goal upplying \emplm me and econ is s f-sufficien for e existing nd ture resis oft Cit nd the re of the rely ce up Boise thngthening ofthe City's ability to finance an plement public iements, services and its open space character. 21.6 The preservation and improvement of the character and quality of Me`ridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced, to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 21.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE A CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous, or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section l 1- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of,Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and,are, applicable to this Application: 4.A The Goals of the Comprehensive Plan are'set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE 4.3 l 4.4 orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational `�- facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected, needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Rural Low Density Residential District, (R-2) is defined in the Zoning Ordinance at 11-2-408 B. 1. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY CHARLES CRANE (R-2) Rural Low Density Residential District: The purpose of the (R-2) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity or rural residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-2) District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant -to construct and develop single- family dwelling units on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). S. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by °the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE condition -of the zoning, that an owner or developer make a written �. commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER 1 I NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby�Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 1.9 acres to Rural Low Density Residential District (R-2) is granted subject to the terms and conditions `of this Order hereinafter stated. 2. The application is for annexation and zoning of 1.9 acres. The legal description shall be prepared by, a Registered Land Surveyor, Licensed by.the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. a F� 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 1 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not, met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development to -wit: d FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINUBY CHARLES CRANE 3.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 3.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 3.3 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. 3.4 Applicant shall coordinate utility connections with Meridian Public Works Department. 3.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 3.6 That applicant shall be required to enter into a development agreement with the City of Meridian to regulate use of the property as described above. 3.7 Applicant shall dedicate 48 -feet of right-of-way from the centerline of Usticic Road abutting the parcel by means of recordation of a final subdivision plat or execution -of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 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. 3.8 Applicant shall .construct a 5 -foot wide concrete sidewalk on Usticic Road within 2 -feet of the new right-of-way abutting the parcel. Coordinate the location, elevation, and grade of the, sidewalk with District staff. 3.9 Locate a 24 to 30 -foot wide driveway on Usticic Road to align with ?.b('. ev,,.J T on the south side of Usticic Road. Pave the driveway its FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 UGtc.r.,. AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE a. N e full required width and at least 30 -feet beyond the edge of pavement of Ustick Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 3.10 Utility street cuts in the, new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 3.11 In accordance with, District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 3.12 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. x 4. The City Attorney`shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-2) Rural Low Density Residential District (§ 11-2-408 B 1 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: Dated: City Clerk msg/Z:\Work\M\Meridian 15360M\Crane, Charles\AZFfCIs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE Fs x m i a city limits of the City of Meridian are adjacent and7abut to the south of the subject property. 8.1 The property which is the subject of this application is,within the Area of Impact of'the City of,Meridian. 9. 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. 10. The Applicant proposes to develop the subject property in the following manner: Development of Low Density Single Family dwellings. 11. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates' the subject property as Low Density Single Family and Rural Residential Housing. - 12. There are no significant or scenic features of major importance that affect the consideration of this' application. RECOMMENDATION „ 1. The Meridian Planning and Zoning Commission -HEREBY RECOMMENDS to the City Council of the City of Meridian that they approve the requested annexation and zoning for the subject property, as Rural Low Density A Residential (R-2) subject to the following: z RECOMMENDATION TO CITY COUNCIL 2 ANNEXATION AND - ZONING - CHARLES CRANE - 3610 W. USTICK RD. Adopt the Assistant Planning and Zoning Administrator and Assistant City a £ A Engineer "Recommendations as follows: 1.1 The property should be zoned R-2; Rural Low Density Residential, with y restrictions that the property can be split into only two parcels. 1.2 Applica shall provide documentation to the City showing eligibility. { fo'r a one-time lot split. 1,3, Any existing domestic wells and/or septic,systems within this project will have to be removed'from theindomestic service per City Ordinance Section 5-7-517. Wells may be used for -non-domestic purposes such as 3landscape irrigation. a j 1.4 Applicant shall coordinate utility connections with Meridian Public r 'Works Department, L 1.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish `LL and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 1.6 That applicant shall be required to enter into a development agreement with the City of Meridian to regulate use of the property as described above. The Meridian Planning and Zoning Commission approves the application as annexation and zoning for R-2 Rural Low Density Residential. d Adopt the Ada County Highway District's Recommendations as follows:' 1.7 Applicant shall dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-waydedicated 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 #18 8. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - }CHARLES CRANE - 3610 W. USTICK RD. - a f 5 i F I °8 Applicant, shall construct a 5-foot wide concrete sidewalk on Ustick Road-within 2-feet of the new right-of-way abutting the parcel` Coordinate the location, elevation and grade of the' sidewalk with District staff. 1-.9 Locate a 24 to- 30-foot wide driveway on Ustick Road to align with 'Turnberry Way. on the south side of Ustick-Road. Pave --the driveway its full..required width and at least 30-feet beyond the edge of pavement of Ustick Road and install pavement tapers with 15-foot radii abutting-the existing roadway edge. 1.10 Utility street cuts in the new pavement, are not allowed unless approved in writing by the, -District. Contact Construction Services at 387-6280 (with file number) for details. r 1.11 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 1.12 As required by'District policy, restrictions on the width, number-and locations of driveways, shall be placed on future development of this parcel. * A r. Z:\Work\M\Meridian 15360M\Crane, Charles\AnnexRez.Rec w 6 i � t • , r • � • x T x s 1 Ye, h ,j s •. 9 < fi RECOMMENDATION TO CITY COUNCIL_ - 4 ANNEXATION AND ZONING - CHARLES CRANE - 3610 W. USTICIC RD. 'd 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ROLL CALL , 1999. COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 :AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY CHARLES CRANE s MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21,1999 APPLICANT: CHARLES CRANE AGENDA ITEM NUMBER: 14 REQUEST: ANNEXATION & ZONING OF 3610W. USTICK ROAD AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITYATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. �.itc')F J- MEMORANDUM: t C"" `�'� �` �' `� August 5, 1999 To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City Engineerr� Steve Siddoway, Assistant Planner 15� Re: Request for Annexation and Zoning of 1.9 Acres to R-4 by Charles Crane We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. The property included in this application is designated part Single-family Residential and part Rural Residential/Agricultural in the Comprehensive Plan. Englewood Creek Estates is south of this parcel and rural/agricultural property is north, east, and west of this parcel. The Meridian wastewater treatment plant is approximately t/a mile north of the property, but does not abut the property. 2. The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels.. 3. Applicant must provide documentation to the City showing eligibility for a one-time lot split. 4. Any existing domestic wells and/or septic systems within the property 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. 5. Applicant must coordinate utility connections with Meridian Public Works Department. 6. Ninemile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Ninemile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 7. The applicant should be required to enter into a development agreement with the City of Meridian to regulate use of the property as described above. Cmne.AZ.doc HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (08) 2 888-4218 DEPARTMENT (208)884-5533 • Faz 887-1297 AUG �.itc')F J- MEMORANDUM: t C"" `�'� �` �' `� August 5, 1999 To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City Engineerr� Steve Siddoway, Assistant Planner 15� Re: Request for Annexation and Zoning of 1.9 Acres to R-4 by Charles Crane We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. The property included in this application is designated part Single-family Residential and part Rural Residential/Agricultural in the Comprehensive Plan. Englewood Creek Estates is south of this parcel and rural/agricultural property is north, east, and west of this parcel. The Meridian wastewater treatment plant is approximately t/a mile north of the property, but does not abut the property. 2. The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels.. 3. Applicant must provide documentation to the City showing eligibility for a one-time lot split. 4. Any existing domestic wells and/or septic systems within the property 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. 5. Applicant must coordinate utility connections with Meridian Public Works Department. 6. Ninemile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Ninemile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 7. The applicant should be required to enter into a development agreement with the City of Meridian to regulate use of the property as described above. Cmne.AZ.doc P&Z Commission/Mayor & Council August 5, 1999 Page 2 8. This is the first application for annexation and zoning north of Ustick Road between Ten Mile Road and Black Cat Road. If approved, other applications may follow. Commission and Council should consider the precedent set by this application. 9. The legal description submitted for annexation and zoning appears to describe the subject property, and complies with the requirements of the State Tax Commission and City of Meridian. An approved copy of the description has been delivered to the City Attorney's Office for their use in the preparation of an annexation ordinance. AZ -99-013 Crane.AZ.doc I BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) . Case No. AZ -99-013 REQUEST FOR ANNEXATION ) AND ZONING OF 1.9 ACRES ) RECOMMENDATION TO CITY AT 3610 W. USTICK RD. ) COUNCIL BY CHARLES CRANE INTRODUCTION 1. The property is approximately 1.9 acres in size. The property is located at 3610 W. Usticic Road. 2. The owner of record of the subject property is Charles Crane, of 3610 W. Ustick Road, Meridian, Idaho. 3. Applicant is the owner of record. 4. The property is presently zohed by Ada County as Rural Transitional (R -T), and consists of a single family dwelling. 5. The Applicant requested the property be zoned as Meridian City Low Density Residential (R-4) defined at 11-2-408(3). 6. The proposed site of the subject property is located north of Usticic Road approximately 1,000. feet west of Ten Mile. 7. The subject.property is bordered to the south by Englewood Creek Estates Subdivision, to the north, east andwest by rural agricultural property. The RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - CHARLES CRANE - 3610 W. USTICK RD. city limits of the City of Meridian are adjacent and abut to the,south of the subject property. 8. The property which is the subject of this application is within the Area of Impact of the,City of Meridian. 9. 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. 10. The Applicant proposes to develop the subject property in the following manner: Development of Low Density Single Family dwellings. 11. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Low Density, Single Family and Rural Residential Housing. 12. There are no significant or scenic features of major importance that I affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission HEREBY RECOMMENDS to the City Council of the City of Meridian that they approve the requested annexation and zoning for the subject property as Rural Low Density Residential (R-2) subject to the following: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - CHARLES CRANE - 3610 W. USTICK RD. Adopt the Assistant Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 The property should be zoned R-2, Rural Low Density Residential, with restrictions that the property can be split into only two parcels. 1.2 Application shall provide documentation to the City showing eligibility for a one-time lot split. 1.3 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. 1.4 Applicant shall coordinate utility connections with Meridian Public Works Department. 1.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish and wildlife habitat and existing vegetation along Nine Mile Creek must be protected and maintained as per section 5.3 of the Comprehensive Plan. 1.6 That applicant shall be required to enter into a development agreement with the City of Meridian to regulate use of the property as described above. The Meridian Planning and Zoning Commission approves the application as annexation and zoning for R-2 Rural`Low Density Residential. Adopt the Ada County Highway District's Recommendations as follows: 1.7 Applicant shall dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 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. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - CHARLES CRANE - 3610 W. USTICK RD. 1.8 Applicant shall construct a 5 -foot wide concrete sidewalk on Ustick Road within 2 -feet of the new right-of-way abutting the parcel. Coordinate the location, elevation and grade of the sidewalk with District staff. 1.9 Locate a 24 to 30 -foot wide driveway on Ustick Road to align with Turnberry Way on the south side of Ustick Road. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Ustick Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 1.10 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 1.11 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 1.12 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Z.\Work\M\Meridian 15360M\Crane, Charles\AnnexRez.Rec RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - CHARLES CRANE - 3610 W. USTICK RD. TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ -99-013 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD BY: CHARLES CRANE LOCATION OF PROPERTY OR PROJECT: 3610 W. USTICK ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS 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 V POLICE DEPARTMENT CITY ATTORN EY _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: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT C—n-uc;lNiern ers 208) 884-4264 CITY OF MERIDIAN !PUBLICWORKS CHARLES ROUNTREE 33 EAST IDAHO . �� .�BUILDING DEPARTMENT GLENN BENTLEY NIERIDIAN, IDAHO 83642 `'r-". ` '� q I208l 887-221 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 `� �'1�y PLANNING AND ZONING KEITH BIRD DEPARTMENT _-�},�>��,>`i„ (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 6, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ -99-013 REQUEST: ANNEXATION & ZONING FOR 3610 W. USTICK ROAD BY: CHARLES CRANE LOCATION OF PROPERTY OR PROJECT: 3610 W. USTICK ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS 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 V POLICE DEPARTMENT CITY ATTORN EY _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: