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HomeMy WebLinkAboutCulver, Alice AZ 99-004 ~- u _ „~ a ~~` HUB OF TREASURE VALLEY ~~ Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: WillmBerg, City Clerk by: April 6'• 1999 „~ TRANSMITTAL DATE: March 8; 1999 HEARING DATE: April 13, 1999 FILE NUMBER: AZ-99-004 REQUEST: ANNEXATION & ZONING OF APPROXIMATELY 1 ACRE BY: ALICE CULVER LOCATION OF PROPERTY OR PROJECT: 911 E. PINE STREET TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: .•Y..= "lA!~"it-~.~ CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 ~CEI~~ MAR Q f 1999 CITY OF MERIDIAN ~~ '~'' 'NING 1S'c ZONING z.- a -„~y APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: c GENERAL LOCATION TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): '7'~ ~` A, -~ ACRES OF LAND IN PROPOSED ANNEXATION: PRESENT LAND USE: PROPOSED LAND USE: PRESENT ZONING DISTRICT: PROPOSED ZONING DISTRICT:. ~ -- APPLICANT. PHONE: ~~~ ~ ~ ~- ADDRESS: ~D /D U ~-C~.LC~ ~.uf~ ~2r~ ~- • ~ ~`~~~~ ENGINEER, SURVEYOR, OR PLANNER: PHONE: ADDRESS: OWNER(S) OF RECORD: ADDRESS: - (~ , o ,ru- Signature of Applicant Alice Ann Culver 6100 Pierce Park Lane Boise, Idaho 8361b Application for Annexation & Rezone 911 E. Pine Street Item 1 thru $: Front page attached. Item 9: This annexation was requested by the City Council in order to incorporate this property into the city and rezone it for its highest and best use. in 197$ the Meridian City sewer line was extended in a North .South direction along the Easterly property line of this lot and the septic tank failed in February, 1999 forcing us to request an emergency hook up. Item 10: This property is adjacent to a higher density zoning which is within .the city limits and it has exceptionally good access to a main arterial and is also close to industrial property which will provide a employment potential for tenants. Item 11: The property is within the existing Urban Comprehensive Plan map. Item i2: Map attached: Ada Planning Assoc. Item 13: Meridian to furnish vicinity map. Item 14: Property owners addresses attached. ~IS~O ` ~~ ~' ~~ Item 15: Fee attached -$400. and mailing $53.44. Item 16: Affidavit regarding posting attached. `Item 17: ~ Affidavit regarding True & Correct information attached. Alice Ann Culver 6100 Pierce Park Lane Boise, Idaho 83703 Meridian City Planning & Zoning Members Meridian City Council Members This is an affidavit stating that the property located at 911 E. Pine Street will be posted one week before the public hearing. The posting will contain our name, description of the zoning amendment and the time and date of the public hearing. Si ned: ~~~~ C~~~ ~~,,~ g Meridian City Planning & Zoning Members Meridian City Council Members This is an affidavit stating that I have read the contents of this Toning application. and I verify that all this information is true and correct. Signed: _ L~~ ,~ ~~,~.~~~ ,. r~ Request for Annexation and Rezoning I am requesting that you annex into the City of Meridian and rezone to R-15 the property located at 911 E. Pine Street, Meridian, Idaho. Signed: L~G~~~~ ~~~/~ Alice Ann Culver State of Idaho ) County of Ada } On this 2 "`~ day of March, 1999, before me, a notary public of the State of Idaho, personally appeared ~-~ i c~ ~-~- ~ ~ u t u~/ known to me to be the person whose name is subscribed to this instrument and acknowledged to me that he/she. execute ' 's ins _ r ` ~ f~ ~' , Notary Pub~or Idaho `a - ~, ~~~ ~= Residing at ; se =t-~ }~° My commission expires Z/< ~3 r. ~ , ~: ~ ~ - c~.: r -. ~_ ~> _ , '-~~< ~. v;.m ~. rV - ~ ,. ~ ~' _~ ~~ ai t ' d ~1H1Cil .. ,~ ., Q za h~ ~~ ~. 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S3d'7Y.JS6'd Q Ja~O ~ '+7` ,o aea ~~ ,svsrv O i Q ~`a ~ ' H1d'Oiv C I~ D o2 ~h ~~ ! h ~Q ~,~ .If YS// ~ //lrwr .rid V ey ~ i h o W `~ g ~ m v ~ e W 1~~~ W ~ ~Q- e ~~ ~ y ~ ~~ i y y 4 ~ , "~ ~~~~~ 'roxA \t~ e3~~e gko; pia ~~~~d ~;~: iW`7 atiti~~ ~~+~ 'iJi ~ ~ r IL'E N0.: P169076 ~L~-' ~-~ EXHIBIT A The land referred to in this Commitment is described as follows: A TRACT OF LAND IN LOT 6 OF ONWILER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 8 OF PLATS AT PAGE 378, RECORDS OF ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 6 OF THE ONWILER SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH OF RANGE 1 EAST OF BOISE MERIDIAN, IN ADA COUNTY, STATE OF IDAHO, RUNNING THENCE EAST ALONG NORTH LINE OF SAID LOT 6 A DISTANCE OF 188 FEET 70 A POINT, THE REAL PLACE OF BEGINNING; THENCE RUNNING SOUTH PARALLEL TO WEST LINE OF SAID LOT 6 TO THE SOUTH LINE THEREOF; THENCE EAST ALONG SOUTH LINE OF SAID LOT 6 A DISTANCE OF 151.2 FEET TO A POINT; THENCE NORTH PARALLEL TO THE WEST LINE OF SAID LOT 6 TO A POINT ON THE NORTH LINE THEREOF; THENCE WEST ALONG SAID NORTH LINE OF SAID LOT 6 A DISTANCE OF 151.2 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: A PORTION OF LOT 6, OF THE ONWTLER SUBDIVISION, AS RECORDED IN BOOK 8 OF PLATS, PAGE 378, RECORDS OF ADA COUNTY, IDAHO, SITUATE IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 7, MARKED BY A FOUND BRASS CAP MONUMENT 9 SMJ PE 777, 1968; THENCE NORTH 89 DEGREES 00'00" EAST 857.56 FEET, ALONG THE EAST/WEST MID-SECTION LINE, TO A POINT; THENCE SOUTH 00 DEGREE 00'00" WEST 313.10 FEET, TO A POINT MARKED BY A SET 1/2" I.P. AND CAP, P.L.S. 874, THE POINT OF TRUE BEGINNING; THENCE NORTH 89 DEGREES 00'00" EAST 151.20 FEET, TO A POINT MARKED BY A SET 1/2" I.P. AND CAP, P.L.S. 874; THENCE , SOUTH 00 DEGREE 00'00" WEST 854.14 FEET, TO A POINT MARKED BY A SET 1/2" I.P. AND CAP, P.L.S. 874; THENCE NORTH 89 DEGREES 00'00" WEST 151.20 FEET, TO A POINT MARKED BY A SET 1/2" I.P. AND CAP, P.L.S. 874; THENCE NORTH 00 DEGREE 00'00" EAST 848.86 FEET, TO A POINT MARKED BY A SET 1/2" I.P. AND CAP, P.L.S. 874, THE POINT OF TRUE.BEGINNING. AND EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY FOR E. PINE STREET. END OF LEGAL DESCRIPTION ~~'~,J ~ ~ ,~~. ,, STATE OF N .W M .XT 0 , County of BERNALILLO , ss. Onnhis ~~day of_June , in the year of 1998 , before me _r;~~~~ sonally appeared CHART.OTTF. M. T.0 known or identified to me to be the person whose name acknowledged to me that she executed the same. I °`='"~~~ OFPICIALSEAL :! ~ ~ ; James E Prasek ~ N P bli ~, ;, . otary u c: - ~ ~:~~~ nornttvrtr<tuC ( I' 17H OF KEW t fFJdCO Residing a • /„~DB --` : v ( My Co ton Expires: _ ___ _ , a notary public, per- i ascribed to the within insU'ument, and 7 __~ T- , ~ ~ ~~ _ _ Y :>. ALICE CULVER - 911 E. PINE PROPERTY OWNERS WITHIN 300' DANBURY FAIR HOMEOWNER'S ASSOCIATION INC BAKER DENNIS M 250 S BEECHWOOD #120' BOISE ID 83709 E ASHFORD ST HIJMPRHEY WILLIAM C & VALYNNE K 939 E PINE AVE MERIDIAN ID 83642-5955 PETERSON GERALD R & SHIRLEY A 935 E PINE AVE MERIDIAN ID 83642-5955 MARES RITA 1027 N PETERSBURG WAY MERIDIAN ID 83642-4042 ROBERTS RYAN M & DINA B 1013 N PETERSBURG WAY MERIDIAN ID 83642-4042 FOWERS JEFFREY P & MELISSA 1009 N KILLDARE PL MERIDIAN ID 83642-4043 HAMILTON KRISTY K AND CHAUSSART JOANN 1024 N PETERSBURG WAY MERIDIAN ID 83642-4042 SCHMIDT COLIN J 956 N CRESTLEY AVE MERIDIAN ID 83642-4055 SPANGLER ALFRED K & LINDA 942 E PINE AVE MERIDIAN ID 83642-5936 B W INC 250 BEECHWOOD DR STE 120 BOISE ID 83709-0944 942 E PINE AVE MORTON MELISSA M 932 N CRESTLEY AVE MERIDIAN ID 83642-4055 MCKAGUE PAUL MCKAGUE ROY & FERN LIFE ESTATE 931 E PINE AVE MERIDIAN ID 83642-5955 LOW CHARLOTTE M 1825 KENTUCKY ST NE ALBUQUERQUE NM 87110-6937 911 E PINE AVE STRATE W EUGENE 745 E PINE MERIDIAN ID 83642 825 E PINE AVE 811 E PINE AVE 745 E PINE AVE MCKAGUE PAUL & SHIRLEY 110E 1ST ST MERIDIAN ID 83642-2702 E PINE AVE MCKAGUE PAUL W & SHIRLEY J 933 E PINE AVE MERIDIAN ID 83642-5955 NORTON MARGARETTE TRUSTEE NORTON MARGARETTE TRUST ROBERT C NORTON 607 E IDAHO AVE MERIDIAN ID 83642 r, ~ ~ A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Ritleman Ave /Boise, Idaho 83704 / (208) 377-2700 ,, / , r. .. _ r ~~- .._. G~~'° ' ~ -r WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED CHARLOTTE M. LOW, AN UNMARRIED PERSON Grantor ,does hereby grant, bargain, sell and convey unto WALTER A. CULVER ANU ALICE X A, CULVER, HUSBAND AND WIFE the Grantee s ,whose current address is: 6100 PTERCE PARK LANE, BOISE, ID 83703 the following described real property in ADA County, Stateof Idaho, moreparticulan described as follows, to-wit: SEE EXHIBIT "A" AT'fAGHED HERETO AND BY REFERENCE MADE A PART HEREOF P10N~~~ ~~rLF ,,. . a))~ ~~~~!Yrt`:CG~fi~_R FcCU1C~D-F.-a(~c~i 0.= `t tV,. -;0 ~..~ 'ry ~~ • TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee sand Grantee heirs and assigns forever. And the said Grantor d4.s hereby covenant to and with the said Grantee s ,the Grantor i s the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee g and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Uated: ,Tune 26, 1998 j CHARLOTTE M. LOW ~ J -- ~ ._..r.,_.. STATE OF hgW,~F~C9 ,County of_~~AJ-,ILLO _, ss. '~ On this _~~_day of -June __, in the year of 1998 ,before me ~ ct.t?~rt' S F 1 r%:~c,~._ _ , a notnrv public, per- --- sonally appeared ~HARLQTT~_hl~_1.4W__ _ `~._ -- _. _-- -- _ it known or identified to me to be the person _ whose name ____- _ys_.___-. '~- subscribed to the within instrument, and I acknowledged to me that ~sh~_executed the same. / ~~ ) / '~~ OhPIC1ALSEAL ] t' / J - ^~ /. y-• CCC > j ; , ~A1 James E. Prasek ( Notary Public: ~~---~ / - ,. --- I ~~, ,;; ~ :UIn,RYPliRUC ( Residing at' _11?~_-S. _rE s~ ~__ 2~~ ~7~~~ /C~ I I % ;ra!!.or;vrw+~.nco ( M Co mi ton Ex Tres: !~ - cCc_ 1 t.i t .,; ~t °/~n~ 20c,2. Y P _Il1Z.- ~-- - _ - A ~ - ~.: ~s ~ . o. z of + ~ ~ £ "''~ ~:. ~ . ° . v~ {~'~" ~" S T, 1 r t I i __ -~ ~ __ ~_ __ ~ , .. t ~ 3 ~- I . -- .,~ _ ,~ N ,~ { _ ~Ao ~ o ~ goo ,oa 18 20 ~ ,~• ~ e ~~' -~-/ a b ~, G ' ~ ~ . s :, a .., _ ~ ~ ( ~`. ~ --d t ~ a ~ ~ - gin. .. _ -~d _ _ - ' . • .:. ~ ~ ~w A t~ ~' .~ b ' ,5 I , . I ~ ~. . c ' e~ ~ ` ~ ~ CREEK AVE. "' l~` N a ~ -`t--~"_ ~ • ` ~ ~ m i ~ i ~ ~ ~' ~ r ~---- -'- .. n .r m - o _ Y ~ ~ -~ t r J , , r' ... Sri' ~~. _ .. - iii"' ~ _.:N ~`(•J_.. ~~s ~,~ ~ ~ p' ~ ~ ~ ~ f ~gvR(, w J , m ~ ~ N 1' w ~ J' ~ ~ t ._ _.__ N L N 4 J.Z ~. ,~ '` `` I _ ~ ~+Ili ,:PRE PL.~ > ~~ . ~_ N , ;r>~ I ~ Rt`: ,S~ONEHEC'C~: W.Y. o ", ° a I. - . ., , ', .~ ~~ i .. ~s .d . . ~ w '~ ,r ~ , .rte ..., . ?. V ~~ ..___f .., , ® w r a W ~; ., ` . _ ti ~ p ~ ~- '~. ~ 3 .p f ~ ~ ~ i ~ ~ ~ n " i FALST'~1 PL ~ r ~ ~ ~r, • . , n a ~ N. RALSTIN ` ST t ~ _. ; R1 .. _. _ . ~ ~ ® ~ ~ o v I z G, ~, r ~ ~. ~ Tr „'r' i ~ -1~; f I~ o i b~_ ;> _~ __~_ _ ~ J'4 it i•I I~ i. L.], ~~ r -,::.. , • MERIDIAN CITY COUNCIL MEETING: JULY 6, 1999 APPLICANT: ALICE CULVER AGENDA ITEM NUMBER: 4 REQUEST: ANNEXATION 8~ ZONING ORDINANCE FOR 91 1 E. PINE AGENCY COMMENTS CITY CLERK: .. CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED ORDINANCE . CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ~ ~~~ ADA COUNTY HIGHWAY DISTRICT: f _ ~~~ + ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: ~~ ~/ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: 1NTERMOUNTAIN'GAS: BUREAU OF RECLAMATION: ~~~ ~~,~ ~ c; OTHER: ~' All Materials presented at public meetings shall become property of the City of Meridian. ~~ a ~ e ~ ~ ~ z .. , CERTIFICATION OF THE-CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder,-Auditor, Treasurer and Assessor of Ada County, and ° y eThe State Tax Commission of the State of Idaho :. ~ 4 ,. I, WILLIAM G: BERG; JR., City Clerlc, of the. City of Meridian, Ada County, `State' of Idaho,~?do hereby certify that the attached-copy of Ordinance 1Vo. ,. 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 Clerlc of the City of Meridian. s _ t ~_ WILLIAM G. BERG, JR. rt a . M A ~. : STATE'~UF 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 beahe City Clerlc 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: ,. a F r , •, (SEAL) Notary Public for Idaho Commission Expires: msg\Z:\Work\M\Meridian 15360M\Culver AZ\CertificationOfClerlcOrd .~. CERTIFICATION OF THE CITY CLERK OF'THE CITY OF MERIDIAN t W. :, :. ,~ a~ • ~ C~ MERIDIAN CITY COUNCIL MEETING: JULY 6,.1999 APPLICANT: ALICE CULVER AGENDA ITEM NUMBER: 3 REQUEST: DEVELOPMENT AGREEMENT FOR 911 E. PINE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: SEE ATTACHED REVISED SIGNED'D/A 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: ~ ~, ~/ S INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. .,. . ~ .. , r ~ • e ,~, E y RESOLUTION NO ~ ~Z { :~ BY: ion ~~n~c'~-lam ~ (~ ~ _ 1 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, ANa AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE ~1~ DAY OF ~~~~ , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND ALT CULVER AND ALICE CULVER. 3 € BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF u MERIDIAN, IDAHO: ' WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement"with WALT CULVER and ALICE CULVER, husband and wife, denoted' , as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution,,the reasons and authority for which are as set forth in said Agreement. NOW; THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. rThe Mayor. and Clerlc are hereby authorized to enter into and on behalf of.the City of Meridian that certain agreement with WALT CULVER and ALICE CULVER,,husband and wife, entitled "DEVELOPMENT AGREEMENT" dated the b~ ,day of ~ , 1999, by and between the City of Meridian and WALT CULVER and ALI E CULVER, husband and wife, a copy of which is attached '' hereto marked,as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. 4 RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING I CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH °` ' WALT CULVER AND ALICE CULVER A P • • 1 ~: ' 1~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this b~ day , of ~Gc.~ , 1999. ;. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this `~ ~` '~~ ~ day of ~7"/.t.~' ~ ,E 1999. sa ~. 4 y +' F ATTEST: ~~t~~mp~rrjyr~'/,'i ~' +r ,e~ ~ ~~R ITY CLERK; ~~ ~~ ~ x ~~ "m`sg\Z:\Worlc\M\Meridian 15360M\Culver AZ\Resolution 'r,,~, f~~~ ~~. ~~ , ~h~M~~~y`' ~~itrt~w~oi 1t1{i~~~~~ ~. F ~ 5 •' ~ RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING ~2 ,,CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER 1NT0 A DEVELOPMENT AGREEMENT WITH WALT CULVER AND ALICE CULVER ' 3 y~ n . • ~ CERTIFICATE .COF CLERK " , -OF THE CITY OF MERIDIAN ~~ I; the undersigned, do hereby certify: ~. ` 1. That I'am the duly appointed and elected Cleric of the City of Meridian, a duly. incorporated City ope"rating under the laws of the State of Idaho, with' its principal office at 33 East Idaho, Meridian, Idaho. e 2.- That as`the City'Clerlc of this.City, I am the custodian of its records and minutes, and do hereby certify that on the ~'~ day of ~~ , 1999, the following action has been talceri 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' ;DATED THE G~ DAY OF cc~ , 1999, BY AND'BETWEEN THE CITY OF MERIDIAN AND WALT CU ER AND ALICE CULVER. ~. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: . M WHEREAS, it is in the best interests of the City of Meridian to enter .into an agreement with WALT CULVER and ALICE CULVER, husband and wife, .denoted as "DEVELOPMENT AGREEMENT", a copy. of which is -~ attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which-are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: I : , The Mayor and Clerk are hereby authorized to enter into and on behalf'of the City of Meridian that certain agreement with' WALT CULVER and •A.LICE CULVER, husband and wife, entitled "DEVELOPMENT ~. K CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN ~{ ' w t I ~'~ • ..AGREEMENT" ;dated the ~'~day of t~G~ , 1999, by and between~the City of Meridian and WALT CULVER and ICE CULVER, husband and wife, a copy of which is,attached h°ereto marked as Exhibit ,"A" to this Resolution - u and to bind this City to its terms and conditions. a r ° ~~t 1it11lt/ryj~~'I,,,', ~~~~~ (`cT ~~ ' ~ ~ S~ .. ~ `~- _ ~~~+ R- WILLIAM G: BERG, JR. ;x `~~~~ STATE OF IDA1~~Q,~~~~ ~`"` ~yrt~~~~~lt~t~~o~~ ~ County of Ada, ) . On this ~ day of , in the year 1999, before me,~ ' qA,~ t~,p , a Notary Public, appeared WILLIAM G. BERG,. JR., known- or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that :, he executed the same on behalf of,-the City of Meridian. ~~,,~opeeeeeeyi~s~ ~pTA.R y Nota Public- for Idaho * : . G = -' Commission .Expires: 1 ~~ ~ $ '~.(''~7.. !'UBLZ ~~ msg\Z:\~ c y~A~S~b~Culver AZ\CertificationClerlcfor RES ~~o~~~OF 1~•,0~~ r ~0~~eunn~N~ ° ~,. f k a .: ~ v a b CERTIFICATE OF CLERK OF THE 2 `" CITY•.OF MERIDIAN ,, ~ s ..~---~ e~~ ~ o \\. ~ ~ ~ ~ e: ::: .. ~ ~ ::: Memo To: SHARI STILES, PLANNING AND ZONING GARY SMITH, PUBLIC WORKS BILLGIGRAY, CITY ATTORNEY BECKY ROSE, ADA COUNTY ASSESSOR'S OFFICE ROBERT CAMPBELL, APA MAPPING ROSS DODGE, APA LAYNE DODSON, IDAHO POWER CO. STATE TAX COMMISSION STERLING CODIFIERS ~'r9um: ANGEL S1MS, DEPUTY CITY CLERK ®ate: 07!15!99 Re; ~ ORDINANCE #830 -ALICE CULVER ANNEXATION` PLEASE FIND ATTACHED A COPY OF THE RECORDED ORDINANCE FOR YOUR FILES. THE ANNEXATION AND ZONING OF THIS PROPERTY IS NOW COMPLETE. SHOULD YOU HAVE ANY QUESTIONS PLEASE DO NOT HESITATE TO GfVE ME A CALL. FROM THE DESK OF ANGEL. SlMS • Page 1 RcCORQEG JEST., F AQA CflUN7Y RECORDER D~~!~~r ~. DAVID I~IAVARRO ~ f599Ji.~8 Pi'j ~•~7 ~~'~99067738. CITY 4F MERIDIAN ORDINANCE NO. S3O 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 MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15); 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, l' 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 tract of land in Lot 6 of On~viler Subdivision, according to the plat thereof, filed in Boole 8 of Plats at Page 378, records of Ada County, Idaho and more particularly described as follows: Commencing at the center of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence along the North 89°00' East (East) along the mid- section line a distance of 857.56 feet to the POINT OF BEGINNING; WALT CULVER AND ALICE CULVER ANNEXATION AND ZONING ORDINANCE f. ", ,~ • Thence South 00°00' West (South) a distance of 313.1 feet to a poirit; Thence North 89°00' East a distance of 151.2 feet to a point; Thence North 00°00' East (North) a distance of 313.1 -feet to a point; Thence South 89°00' West (West) a distance of 151.2 feet to the POINT OF BEGINNING. Parcel contains 47,341 square feet, more or less. 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 Medium High Density Residential District (R- 15). 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. WALT CULVER AND ALICE CULVER ~ 2 ANNEXATION AND ZONING ORDINANCE C~ • 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 Clerlc 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 Cce , 1999. fh APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~' of ~c,~ , 1999. ~~~~ ~ ~~~~~i ATT T: ~,~~`~~~~ •~~ ~~ ~ s~ ~ /'~~~~'-'~ s CITY CLERK ~ ~ 9 1~ msg\Z:\Work\M\Meridian 15360M\CulverAZ1AZ. ORD.WF~.~~~ r~p~iN~~~~`~`• Oiti6 Y1f WALT CULVER AND ALICE CULVER ANNEXATION AND ZONING ORDINANCE day 3 z ;~.~-- STATE OF IDAHO,) , ss. County of.Ada. ) . On this ~ day of , 19 99, before me, the undersigned, a Notary Public in and for said S ate, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known. to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. '~~.~`a~L L. s j°~~~.i ~~;OTARY ~~. *t ~._ ;*: :~ .P U B LZG :~ o`°°e. T~ OF ~~ ;.•`~~ s°ororeomunnn"` N NOT Y PUBLIC FOR, IDAHO RESIDING AT: (Y~2{'` C~-1 P,~.r~ MY COMMISSION EXPIRES: O J ~`~.. msg\Z:\Work\M\Meridian 15360MiCulver AZ\AZ. ORD.WPD WALT CULVER AND ALICE CULVER ANNEXATION AND ZONING ORDINANCE ~i 4 within three hundred (300') feet of the eternal boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one ~veelc before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 18, 1999, public hea"ring; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at-Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 1 acre in size. The property is located at 911 E. Pine Street in Meridian, Idaho, between Meridian Road and Locust Grove Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER s • 5. The owners of record of the subject property are Walt and Alice Culver, of 6100 Pierce Parlc Lane, Boise, Idaho. 6. Applicant is the record owner of the subject property and filed a written request for annexation and zoning. 7. The property is presently zoned by Ada County as Estate Residential (R-1), and consists of agricultural land with a single family dwelling. 8. The Applicant requests the property be zoned as Medium High Density Residential District (R-15). 9. The site of the subject property is located on the south side of Pine Street approximately 1700-feet west of Locust Grove Road. 10. The city limits of the City of Meridian are adjacent and abut to the north 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 proposes to develop the subject property in the following manner: Develop afour-plea, triplex or duplex multi-family dwelling,. 14. The Applicant's requested zoning of the subject real property as FINDINGS OF FACT AND CONCLUSLONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER • Medium High Density Residential (R-15) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 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 subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development. will not impose e,Ypense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 16.1 Upon future development, any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605:M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. 16.2 Any existing domestic wells and/or septic systems within this parcel shall 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. 16.3 If the R-15 zone is approved, staff recommends that all development proposals be processed under the conditional use permit process. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER i Adopt the Reconunendations of the Ada County Highway District as follows: 16.4 Applicant shall dedicate 35=feet of right-of-way from the centerline of Pine Street 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-~vay 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. 16.5 Utility street cuts in the ne~v pavement are not allowed unless approved in writing by the District. 16.6 Applicant shall construct a 5-foot wide detached concrete sidewalk on Pine Street abutting the site. Locate the sidewalk within 2-feet of the ne~v right-of-way of Pine Street. Coordinate the location, elevation and grade of the side~vallc with District staff. 16.7 Locate all driveways a minimum of 150-feet from the nearest existingfproposed driveway on Pine Street. Construct all driveways on Pine Street as 24 to 30-foot wide curb return driveways. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Pine Street and install pavement tapers with 15-foot radii abutting the existing roadway edge. 16.8 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 subparts; the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER s ~ will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the development considerations which 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 potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. Applicant shall submit a metes and bounds legal description that references the recognized government corners. 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. 20. The property is currently zoned R-1 in Ada County. Applicant has requested annexation because sewer service is being requested and the Meridian City Council asked that an annexation application be submitted. The requested zone, R-15, is for a Medium High Density Residential District. The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER p ,. and multi-family dwellings at a density not exceeding fifteen (15) dwelling units `per acre. All such districts must have direct access to a transportation arterial, or connector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water:and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lof line single- family dtivellings, townhouses, apartment buildings and condominiums. The property could be considered to have direct access to an open space corridor due to the fact that Five Mile Creelc is directly across Pine Street to the north. 21. The property included in this application is located in an area designated as Existing Urban in the Meridian Comprehensive Plan. Property to the south, west and east of this parcel is zoned R-1 in Ada County. The property north across Pine Street is zoned L-O. , .22. The proposed development will serve existing and growing needs and " will provide services to surrounding institutional, commercial and residential development. 23. The development of the property as an (R-15) Medium High Density Residential District, as requested by the Applicant, will be.compatible to the development in the surrounding area subject to the conditions of development. herein found to be reasonable in relation to the requested zone (R-15) Medium High Density Residential District and is accordance with the adoptive Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER • of the City of .Meridian. 24. There are no major or scenic features of major importance that affect the consideration of this application. 25. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 25.1 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. 25.2 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. 25.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 25.4 The application is consistent with Meridian's self identity. 25.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 25.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER • Comprehensive plan and the Zoning ordinances of the City to the subject application. 25.7 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. 25.8 Compatible and efficient use of land through innovative and function_ al site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26. The property can be physically serviced with City tivater and sewer, if applicant extends the- lines. 27. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into commercial uses and other uses. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER 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: 4.1 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. 4.2 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. 4.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 4.4 The application is consistent with Meridian's self identity. 4.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER i l ~--/~ ~~i 4.6 The preservation and improvement of the character and quality of Meridian'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 Zonging ordinances of the City to,the subject application. 4.7 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. _ , 4.8 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. 5. The requested zoning of Medium High Density Residential District, (R- 15) is defined in the Zoning Ordinance at 11-2-408 B. 5. as follows: 1R-15) Medium High Density Residential District: The purpose of the (R-15) .District is to permit the establishment of medium-.high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City,of,lVleridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. ,{ 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Residential, lists residential uses allowed in the various zoning districts of the City; that single-family dwellings and multi-family dwellings are listed as permitted uses in FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 A1~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER the Medium High Density Residential (R-15) District. 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). 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; z 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 11-2-417 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER r 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. This application is for annexation and zoning of 911 E. Pine Street, located on the. south side of Pine Street approximately 1700-feet west of Locust Grove Road, Meridian, Idaho. 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. 158.. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-1 S ) Medium High Density Residential Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 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 Applicant to submit a metes and bounds legal description that references the recognized government corners. 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. 3.2 Property is currently zoned R-1 in Ada County. Applicant has requested annexation because sewer service is~being requested and the Meridian City Council asked that an annexation application be submitted. The requested zone; R-15, is for a Medium High Density Residential District. The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (1 S) dwelling units per acre. All.,such districts must have direct access to a transportation arterial or connector, abut or have direct access to a park or open space corridor, FINDINGS OF FACT AND' CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR A~~INEXATION AND ZONING /ALICE CULVER • and be connected to the Municipal Water and Sewer'systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. The property could be considered to have direct access to an open space corridor due to the fact that Five Mile Creelc is directly across Pine Street to the north. 3.3 The property included in this application is located in an area designated as Existing Urban in the Meridian Comprehensive Plan. Property to the south, west and east of this parcel is zoned R-1 in Ada County. The property north across Pine Street is zoned L-O. 3.4 Upon future development, any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605:M. Plans shall be approved by the appropriate irrigationldrainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs i Department. ~3.5 Any existing domestic wells and/or septic systems within this parcel shall 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 :6 If the R-1 S zone is approved, staff recommends that all development proposals shall be processed under the conditional use permit process. 3.7 Applicant shall dedicate 35-feet of right-of-way from the centerline of Pine Street 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-~vay 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 ACI-ID Ordinance #188. 3.8 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER 3.9 Applicant shall construct a 5-foot wide detached concrete sidewalk on Pine Street abutting the site. Locate the side~vallc within 2-feet of the new right-of-way of Pine Street. Coordinate the location, elevation and grade of the side~vall< with District staff. 3. l 0 Y Locate all driveways a minimum of 150-feet from the nearest existing/proposed driveway on Pine Street. Construct all driveways on Pine Street as 24 to 30-foot wide curb return driveways. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Pine Street and install pavement tapers with 15-foot-radii ~ .~ abutting the existing roadway edge. 3.11 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. k FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER DATE: ~'~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER s ~ 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 May 18, 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATE: ~'l ~~ VOTED ~l,fi~ VOTED~c r~ 4 VOTED VOTED C;w-,c.~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER i i •RcCOROER-~~~1;.~E5T OF ACA CCsUHTY RECORCER `4~~C _ ~ s.JA;~1~3 ~fAVARRO ~ pEPE1T DEVELOP ~1VI~~.[P}'1~''GREEMENT ~~ t9~~.~~.-$ ~-~ toss ~'~90~7 37 PARTIES: 1. City of Meridian 2. Walter Culver and Alice Culver m -'~ THIS DEVELOPMENT AGREEMENT (this "A reement"), is'mm ° ~'""'`~"~ made and entered into this~_ da of , by and Y between CITY OF MERIDIAN, a municipal cor oration of the State of Idaho, hereafter called "CITY", and WALTER CULVER and ALICE CULVER, husband and wife, hereinafter called "DEVELOPER", whose address, is 6100 Pierce Parlc Lane 83616, Boise, Idaho. 1. RECITALS. 1.1 WHEREAS, "Developer" is ahe 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 aspthe' "Property"; and, I.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the 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 ariapplication for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of R-15 Medium High Density Residential District,, (Municipal Code.of the City of Meridian);, and ~. 1.5 WHEREAS, "Developer" made representations at the; ~~ public hearings both before the Meridian Planning & s Zoning Commission and before the Meridian City Council, as to, how the subject "Property" will be adeveloped and, what improvements will be made; and ' x :~ , » DEVELOPMENT AGREEMENT - 1 . - . ,, ~ - - -v -r -----`- `,``= Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 .~ • • 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 js~ day of /un-e-, 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1`.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 3 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 Walt Culver and Alice Culver, husband and wife, whose address is 6100 Pierce Parlc Lane, Boise, Idaho, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-409 B, 5. Meridian City Code` which are herein specified as follows: (R-15) Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial DEVELOPMENT AGREEMENT - 3 • or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 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 Upon future development, any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. 5.1.2 Any existing domestic wells andlor septic systems within this parcel shall be removed from their domestic service per City Ordinance Section 5-7- Y. 517. Wells may be used-for non-domestic purposes such as landscape irrigation. 5.1.3 No new development of the property shall occur until a conditional use permit has been obtained. 5.1.4 Applicant shall dedicate 35-feet of right-of-way from the centerline of Pine Street 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 DEVELOPMENT AGREEMENT - 4 • ~, impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 5.1.5 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 5.1.6 Applicant shall construct a 5-foot wide detached concrete sidewalk on Pine Street abutting the site. Locate the sidewalk within 2-feet of the new right- of-way of Pine Street. Coordinate the location, elevation and grade of the sidewalk with District staff. 5.1.7 Locate all driveways a minimum of 150-feet from the nearest existingf proposed driveway on Pine Street. Construct all driveways on Pine Street as 24 to 30-foot wide curb return driveways. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Pine Street and install pavement tapers with 15-foot radii abutting the existing roadway edge. 5.1.8 As required by the Ada County Highway District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. 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: 6.1 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. DEVELOPMENT AGREEMENT - 5 n MOTION: ~ ~ APPROVED: ~ ' ~~~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public" Works Department. By: iG~z~--~~L " Dated: ~~ ~-~~ City Cleric ms~Z:\Work~i~teridian 15360N(\Culver AZ\FFCL \\\\IS~~ulfn+rrrr, ~; ~j /{ fV~1~~ 'J ~^~ \~ ~ ~~~ _ 9 9~v~ 1~ '` SUN Y ~ ~ \`~ `,~r~frftflf YiiV111\\\\\\ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER 7. 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. 8. DEFAULT: 8.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 8.2 A waiver by "tarty" 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. 9. 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. 10. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 11. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor DEVELOPMENT AGREEMENT - 6 • 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. A 11.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 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. 12. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed, under 11-9-606 C of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 13. 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". DEVELOPMENT AGREEMENT - 7 14. 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 La~v, this Development Agreement, and the Ordinances of the City of Meridian. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Walt Culver and Alice Culver 6100 Pierce Park Lane Boise, Idaho 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID' 83642 15.1 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. 16. 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. 17. 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 DEVELOPMENT AGREEMENT - 8 any of the obligations hereunder shall constitute a breach of and- a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any. other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor.owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. . 19. 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. 20. 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". 20.1 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 • 21. 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. 9 DEVELOPMENT AGREEMENT - 10 • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made°it effective as hereinabove provided. Walt Culver Developer ,r " BY: .r ice Culver Developer CITY OF MERIDIAN BY: ' OR ROBERT D. CORRIE Attest: ~~~~ CITY CLERK BY RESOLUTION NO. 2 ~ Z ` 1 ~ ' ~ . ~ ~ ~' ~~~,~ ~~'~, ~ 9 ~'? g .: ~~~'!!!!f!i! iiiitiiii~, ey/Z:\Worlc\M\Meridian 15360M\Culver AZ\DevelopAgr DEVELOPMENT AGREEMENT - 11 ~. STATE OF IDAHO COUNTY OF ADA) ss On this ~~ day of ~(,L~J~ , in the year 1999, before me, a Notary Public, personally appeared It Culver and Alice Culver, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me having executed the same. i~a~.u.J~... ~.. ••. ,,.~°9, G~N... S~Lf~ • ~ f Q~ . ~' ~ ~~ '~pTA.R P tig ~ Nota Public for Idaho * S ~.! ~ * ~ Commission expires: 101 SI~~ • G :~ 1'UBLL ~; J',,'•. ,.•~O .. .,~~~ Tg OF 19,,~~, STATE OF IDAHO ) :ss County of Ada ) On this ~ day of , in the year ~q, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerlc, respectively, of the City of Meridian, who executed the instrument or the person. that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ,~'° CyfGL L. s' j ~~~~~i~ o~' ~1 e~.N•os~f~ °~ `° ~~ T Ale Y •. 1/ a ~ N) ®~y ~ 1.. 7( aQ .P U B LAG ,+ ~~v ~ ~~e ~•~ ~ i o,~oq rE ~F 19F ee.. ~JJJJJJJJ0~1~~0 l.J~~' t r Nota Public for Idaho Commission expires: 1 U~JS'aQ0"o~ DEVELOPMENT AGREEMENT - 12 ~ _ \ _ i _` ~~. " -'~' EXHIBIT A Legal Description Of Property ~ ~~~ .. i i i DEVELOPMENT AGREEMENT - 13 ,~, ?~ TRACT OF LAND IN LOT 6 OF ONW_LF,R SUBDIVISION, ACCORDING- TO T.~iE PLA'" THEREOF, F ILLD IN BOOR 8 OF PLATS ~ AT PAGE 3 % 8 , RECORDS OF ADA COUNT`_' I DAHO AND MDRE PARTICULARLY DESCRIBED AS' FOLLOWS: COM?~'r..NCINC- A^_' TIC Cr.~I^'ER OF SECTION' 7 , 'I'OWNSH ~? 3 NORTH , RANGE 1 EAST, BOISE M~R_TDI?.N, ADA CDUN'='v, IDAHO; T~_,1CE ALONG THF. NORTH 89°00' EAST (EAST) ALONG THE MID-SECTION LINE A DISTANCE OF 857.50" _ ~~'^ TO T:~~ POINT OF BEG~NT_NC- _. T:~^NCE SOU'T_'H 00 ° 00 ' WEST (SOUTH) A DISTANCE DF 3 l 3 . 1 FEET m0 ,~ ~OTN,I,; T_Ti'"r.NCE NORTH 89 ° 00 ' EAST A DISTANCE Or^ 1 5 i . 2 FEET m0 p POINT; TIIGNCE NOR'^H 0 0 ° 0 0 ' EAST (NORTH) A DISTANCE OF 31 3 . 1 FEET TO A POINT; TH~_.NCE SOUTH 89°00' WEST (WEST) A DISTANCE OF 151.? FEEm TO T_TIc POIlT.i OF BEGINNING _ y PARCEL CON"A1NS Q7,34i SQUARE FEET, MORE OR LESS. ~~ EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of AF~roval ,~ . ,~ ~. DEVELOPMENT AGREEMENT - 14 ~ r BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ALICE CULVER, THE APPLICATION FOR ANNEXATION AND ZONING OF 1.0 ACRES AT 911 E. PINE STREET, MERIDIAN, IDAHO Case No. AZ-99-004 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 May 18, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works, having appeared and testified, and the Applicant, Alice Culver, having appeared and testified and no one having testified 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 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 May 18, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER .~5. ~~~ - ~1c: MERIDIAN CITY COUNCIL MEETING: JUNE 15 1999 APPLICANT: ALICE CULVER AGENDA ITEM NUMBER: 5 REQUEST: ANNEXATION AND ZONING OF 911 E. PINE OrcLr"n ance.._ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING piREGTOR: CITY ATTORNEY: SEE ATTACHED ORDINANCE 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. ~~ ~ ~ MERIDIAN GTY COUNCIL MEETING: 1UNE 15 1999 APPLICANT: ALICE CULVER AGENDA ITEM NUMBER:. ~ REQUEST: ANNEXATION AND ZONING OF 911 E. PINE ~ lA AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED DEVELOPMENT AGREEMENT CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ,(1, MERIDIAN SCHOOL DISTRICT: ~ `'l/~ 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: C1T1-I~R AN Materials presented at public meetings shall become property of the City of Meridian. ;~ ~. .. t / C 1~ `~ ~ ertifiied Mailing Retu 2 Project Name ~ ~ /(~(,. Cll,l 1i.~- File No(s) ~.Z. a Date of Hearing Name Address Reason for Retum 5 r 19~ ~- L; ~ s n.¢ ~ Zp av . ~ ~'' u..l • • RECeivEp JUN 15 1999 i n t e r o f f .ice city o~n~a~iai$n MEMORANDUM City Clerk Office To: William G. Berg, Jr. ~ From: Wm. F. Gigray, III ~~ Subject: WALTER AND ALICE CULVER DEVELOPMENT AGREEMENT File No.: AZ-99-004 Date: June 14, 1999 Will: Please find attached the revised Development Agreement for Mr. and Mrs. Culver. Please-note the revisions are as follows: 1. In section 5., 5.1.1, 5.1.2 and 5.1.3 were taken out, the sections renumbered. 2. In the old section 5.1.6 (which is now 5.1.3) it now states: No new development of the property shall occur until a conditional use permit has been obtained. 3. In the old section 5.1.11 (which is now 5.1.8) I have inserted Ada County Highway District. 4. Section 6 pertaining to the "Compliance Period/Consent to Rezone" has been deleted completely and all- sections after number 5 have been renumbered. If you have any questions please advise. msg1Z:\Work\M\Meridian 15360M\Culver AZ\BergMemo061499 JUN 18 '99 16 07 FR CITY OF MERIDIAN 2a8 884 4259 TO PUBLIC ~IORKS P.05i07 CT'I"Y OF MERXDTAN OItDXN•ANCE NO. AN -ORDINANCE FINDING THAT CERTAIN T AND LIES CONTIGUOUS OR AZ))ACLNT TO' T I-lE Cl!'Y LIMITS OF THE CITY OF MERIDIAN, COON"l-Y OF AD11, S'1"t-L'1'E OF IUAHC~; AND FINDING THAT THE OWNER HAS MADE A RECZUEST FOR ANNEXATION N IN WRITING TO TI-~E COUNCIL; AND TI-IA.T SAID LAND I3E ANNL=XED T O'1'1~.E C11-Y OF MERIDIAN AND ZONING DESIGNATED MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15); AND DECLARING T'HA'I' SAID LAND, $Y I'ROI'ER LLG.l1L DL=SClt11'`1ION AS DESCRII;ED BELOW, IiE A YAiZl' 01= THE CITY Ol~ MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OiZ I'.ARTS TIlERLOF IN CONI=LICT hIERLWITh1; ANI~ llIR:ECI'ING "1 HE CITY ENGINEER TO ADD SAJD PTtUPERTY TO THE OFFICIAL MAPS OF TI-!E, CITY 01= MERIL~IAN,IDAI-!O; AND DIRECT"ING Tl IE CLERl< OF TI-TE CITY Ol• MEKIDIAN TC) FILE A CERTIFIED COPY OF THE ORT~iNANCE AND MAP OF THE AREAS TO I3E ANNEXED WITH ADA COUNTY RL'COR1~l:R, AUDITOR, TREA.SI~RER ,AND ASSLSS012., ANll '1'1-lE Sl'ATE TAX COMMISSION OF THE STATE OF 1DAII0, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION h3-2215. BE IT ORDAINED BY THE MAXOR AND Tl'-I.E COUNCIL OF T~-IB CITY OF MERJDir1N, COUNTY Or ADA, STATE OF IDAI-i0: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent t.c~ the Ciry of Meridian, Tdaho, 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 tract of land in Lot 6 of Onwiler Subdivision, according to the plat thereof, Filed in book $ of `flats at 1'agc 3 78, records of Ada County, Idaho and more particularly described as follows: Commencing at the center of Section 7, Township 3 North, Range 1 East, Boise Meridian, ,l~da County, Idaho; thence along the North 89°00' East (East} along the mid- section -line a distance of 857,5.6 i:eet to the POINT OF BEGINNING; WALT CULVER AND ALICE CULVER ANNEXATION AND ZONING ORDINANCE JUN 10 '99 16 87 FR CITY OF MERIDIAN 2@8 884 4259 TO PUBLIC FORKS P.06i07 ' t~"~~ JAL r~l ~.) Thence South UU°UO' West (South) a distance of 313.1 feet to a point; Thence North $9°UO' East a distance of 15I.2 feet. to a point; Thcncc North 00°00' East (North) a distance of 313.1 feet to a point; Thcncc South 89°00' West. (West} a distance of 151.2 feet to the POINT OF 13LGINNING. Parcel contains 47,341 square feet, more or less. SECTIUN 2: '1""hat the above-descxibed zeal property bc, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECT)(ON 3: That. the xeal property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium High Density Residential District (R- 1S). 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 al! official maps depicting the boundaxies of thr City of Meridian in accordance with this ordinance. SECTION 5: Theroning designation set forth in. Section 3 of this ordinance is subject to the teens and conditions of that certain llevclopment Agreement by and bct~veen the City of lVleridian and the owner of the land described. in Section 1 dated the day of .1999. SECTIUN G: /111 ordinances, resolutions, orders or parts thereof in conflict herewith are hereby rej~ealecl, rescinded and anntclled. WALT CULVER AND ALICE CULVER Z ANNEXATION AND ZONING ORDINANCE JUN 10 '99 16 87 FR CITY OF MERIDIAN 208 884 4259 TO PUBLIC WORKS P.07i07 SECTIUN 7: 'Phis ordinance shall be in ful! force. and effect from and after its passage, approval and publication, according to law. SECTIUN 8: The Clerlc of the City of Meridian shall, within ten (!0) days following the effective date of this ordinance, duly file a certified copy of this, ordinance and a rnap prepared in a draftsman manner plainly and clcarIy designating the bouncj.aries of the City of ` Meridian, including the lands herein annexed, with the fallowing officials of the County oI'.A.da, State of Idaho, to-wit: the Recorder, Auditor, Treasurer acid Assessor and shall also file simultaneously a certified cagy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-221.5 and §5Q-223. PASSEJD E'Sr T~ COUNCII- O~ TIE CIT'SC Op MERIDIAN, IDAHO, this day of , 1999. AI'I')Et0'VEll ]3Y TEIE MAYOR O)(; TI-IE CITY OE MERIDIAN', IDAI i0, this day of , 1999. MAYOR .ATTEST: CITY CLERK msg1Z:lWork\MWleridian 15360M1CuIverAZ1AZ. ORD.WPD WALT CULVER AND ALICE CULVER ANNEXATION AND ZONING ORDINANCE 3 ** TOTAL PAGE. 87 ** r. . MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 APPLICANT: CONSENT AGENDA AGENDA ITEM NUMBER: F REQUEST: RESOLUTION FOR WALT CULVER SEWER AGREEMENT AGENCY COMMENTS CITY CLERK: SEE ATTACHED RESOLUTION 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: NAMFA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~~3 ~I ~~f1~1 ~e, ~'~C,c~'rc~.evc' ~~~' ~,~~ ~~ BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~T. ~p- ~ ~w `~ ~- F. S N • g: int-eroffice ~ ~A ~ k MEMORANDUM .. „ ~ REcE~D To: Wi11~Berg MAY 2 5 1999 From: Marlene St. or - CITY OF MERIDIAN Subject: WALT CL7LVER EMENT FOR SEWER HOOKUP '-FILE NO.r 4.6.7 "~ Date: May 24, 1999- - e Will: e Pursuant to our conversation of last Friday, •May 21, 1999, please--find - `° attached to my memo -the original of the AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS, .pertaining to Walt Culver; which was delivered to me on todays~-date. ~. . , . Review of the file reveals you already are in~possession-of the Resolution and Certificate of the Cleric. If you need anything else in this matter please advise... msg/Z:AWork\M~IVleridian 15360M\Culver AZ~MemoClerk052499 ~: ~ ~- t s ~ r .. ,~. ;¢ R~' CEIVED interoffice APR. 2 3 `1999' M~ E il M O R A N D U M CITY OF MERIDIAN To: ~ William G. Berg, Jr. ~ ~ ` ` ` - From: Wm. F. Gigray, I Subject: WALTER A. CULVER SEWER AGREEMENT File no. 4.6.7 Date:, April 23, 1999 Will: , Please find,attached-to this memo .the original of the Resolution and . Certificate of Cleric of 'the City of Meridian, pertaining to the WALTER A. CULVER agreement with the City of Meridian. ° Your office already has the original of the above agreement to obtain the appropriate signatures. Please obtain Mayor Corrie's and your signatures, and then please have the agreement.recorded. _. If you have any questions, please advise. ~. msg\Z:\Work\M\Meridian,15360M\A_greement\ClerkCulverResandCertLtr k ~~ ~~~~~~ 4 ~~~ / T 0~ ~~"" l ~ J~ ~ ~ l..lCl/l ~ ~~ . ~ ~,,~ ~ ~ ;~ ? ~ z ~.~~~~ z- ~ ~l ~ ~ ~ ~~~ ~' ~ -- Q ~- 1 ~,. • MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 44 Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the cleaning and television inspection of sanitary sewer lines in the amount of $113,178.60. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. EMERGENCY REQUEST TO CONNECT TO CITY SEWER AT 911 E. PINE BY WALT CULVER. Smith: Thank you Mr. Mayor and Council. The last item I have is an emergency request form Walt Culver who owns some property at 911 E. Pine. They have a septic tank drain field serving the sewage at that home. This home is not located within Meridian City limits however it does front on E. Pine within which the city has a sewer line that presently serve Treasure Valley Business Center to the east and Crossroad Subdivision. The trunk line that was built in 1977 -78 is located along the west boundary of this parcel of ground. This property owner it's my understanding gave the easement to the City of Meridian for $1 and other considerations. The question that the property owner has what other considerations were. It's not well defined within the easement document. Their concern and they're here this evening to speak to you their concern is that the since the property is outside the city limits by ordinance we have a requirement for a double assessment fee and their concern is that double assessment fee as concerns the granting of the easement for the interceptor line that was built in 1977-78. At the time that the sewer line was extended to the east in Pine to the Treasure Valley Business Center, some services were installed to the properties along the south side of Pine. I don't have real good information record on it, but I do show on a print that I found that there was a 20 foot length of service pipe that was extended to the property to facilitate future connection. I think that's basically the history on the house and the request that Mr. Culver has made to me and I requested that he send this letter to you for Council approval as our ordinance requires. He is here this evening and may want to address you and give you any additional background that he may have on the easement that was granted in the late 1970's for construction of the trunk line. I think they're very willing to pay the single assessment. The question is the double assessment: Rountree: I have a question for Gary. What do we now in terms of an easement? Do we commonly get them granted for a dollar or are we paying for other hookups or are we have to pay essentially the cost of the right-of-way what's the norm or is there one? Smith: To this time we haven't had to pay for an easement. We have conceded some tradeoffs in terms of providing a service to the property for future connection providing certain of the ground around man holes for example, but typically it's been providing the ability of the property to access the sewer at a future date such as a service line or providing a stub out of a man hole so that it can be extended at a future date by the MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 45 property owner should they develop. Sometimes there were concessions made at the time they develop. I can recall one on Five Mile trunk going to St. Luke's where we agreed with the property owner in return for the easement that at the time they developed the property would not be required to maintain the gravel access road across the top of the sewer. However we did require that they maintain permanent access to the manholes. So we dropped that requirement at that time that they would develop. So there are some concessions that we make in terms of facilitating the easement, but like I say so far we haven't had to reimburse anyone for the cost of the easement. I'm sure that's coming. I think we have continued to maintain the attitude that the presence of the sewer .increases the value of the land. I still maintain- that that's a true statement. Gigray: Mr. Mayor and members of the Council, one of the things I'm trying to do at this time in working with Gary's office is to develop a form which we would use as a form contract for the extension of water and sewer services outside of the city limits, and I think we've just about got that model done. Other facets of that is that they would agree as terms of the agreement that the sewer line or the water line is going to be subject to the terms and conditions of our sewer use ordinances and that they will agree to annexation at such time and place as it becomes available for annexation so that the system can then become part of the city through annexation and that they extend the lines if it's necessary in accordance with city specifications and requirements at their expense to wherever it's hooked up to that is part of our system. Now if our system is in front of their property, then it may just be a hookup. But I think our form will take care of those particular things and maybe in this instance the biggest issues was the fee. Smith: Yes, it is. I'm pretty sure that the sewer stub can be found with a little prospecting. Mr. Culver's got the prospecting equipment. So I don't see that as a big stumbling block, but the double assessment fee was a question that they raised to me and I said well it would be best if you came and presented your case to Mayor and Council and - Rountree: I had a question for Bi11 on reading this easement. I can't distill out of any language in here that the intent was not to - or it was to waive any fee. At the time that this was prepared by in 77 I don't know that we had the double assessment. Did we? Smith: I'd have to Zook in the ordinance book and see when that was - I'm not sure I can by even looking in the ordinance book. The bulk of the ordinance was written about that time because it was a requirement in order to get the government funds-for the building of the sewer and water system. So it may have been. Gigray: Mr. Mayor, Councilman Rountree, members of the Council-the one I have is very difficult to read. So I don't that I have a clear enough copy to say. It doesn't appear in what I can see in the whereas provisions which are really set forth the intent and kind of the background of the agreement that there would be evidence there that would rrie: Okay thank you. Council any other discussion? (Inaudible) Smith: No, sir. I don't have any other comments to make. • MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 46 support a waiver of future fees and it's something that I would certainly recommend this Council not engage in the future because you know the methodology that we're using now is requiring people to put in things and then we get into agreements to provide them with latecomer fees which I think is the appropriate way to do that and then you have the terms and conditions specifically spelled out, and there's a limitation of time and so on and so forth. Rountree: Are the terms the other good and valuable consideration where that might lie and is that subject to- Gigray: In my opinion -the only time that you go outside of an agreement or an easement is if there is an ambiguity in the agreement as to whether - if you got an illegal action whether anyone could bring in what we call parole elements or other evidence or agreements or anything that was said to clarify an ambiguity. That is such standard language and any contract or any easement or any deed it would be in my opinion of no specific significance other than it would be support for the fact that there was consideration for entering into the easement. You know if they were going to challenge it on the basis well there was no consideration so the easement is void and that claim isn't being made. (Inaudible) Corrie: It's your property I assume so yes, ma'am. Would you like to - Culver: My name is Alice Culver and we are the owners of the property at 911 E. Pine, and I just want to give you some facts that you probably don't know. When this easement was written that property was a farm. The easement is 30 foot wide going north and south the entire distance of the property. The lady was 80 years old I understand at the time she gave it. She's 100 years old now. We bought this property in June. They told us when this came up on our title report that there was an easement. We immediately questioned them why. They told us that it was because the City had agreed to hook on her house whenever down the road in lieu of paying for that sewer line to go up her property line. They took 30 feet on the west edge of her property. The entire north and south distance and in this I mean I know it's really loosely written but it says now therefore in consideration of the benefits to be received that's really all it says, but it says to be received. That to me backs up what the daughter told us when we bought the property that it was a future sewer hookup fee and I just wanted to bring that to the attention of the City Council and hope that you make a decision today because we do have a failed tank. It needs something. Thank you. Corrie: Okay thank you. Council any other discussion? (Inaudible) Smith: No, sir. I don't have any other comments to make. • MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 47 Bentley: I wish there was some way we could research it. Bird: Yeah, we could probably look at the minutes, but that was a farm and this was in 77 or 78. Don Storey was the Mayor. I can believe it. Rountree: I guess I have a question of the Culvers. How receptive are you to annexation? Culver: I wouldn't have a problem with annexation at all. Rountree: Okay. Thank you. Culver: (Inaudible) Rountree: We'd help you. (Inaudible) Rountree: Mr. Mayor I would move that we approve the request of Walter A. Culver and Alice Culver to hook up to the city sanitation system that's stubbed to their property with the condition that they pursue annexation into the City of Meridian and that the fee for the hook up would be the normal residential hook up fee. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the emergency request for connection to city sewer with the condition that they come into the city limits and the fee would be the normal fee for connection in the city limits. Gigray: Point of information Mr. Mayor. Would that include that we:would prepare the appropriate extension agreement as we're trying to do anytime we extend water lines outside of the city with these property owners? Bird: We're not extending - Corrie: It's there. Smith: It's just a connection. Gigray: But we're still connecting to someone outside of the city limits. Smith: Yes. ~~ MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 48 Bird: Yes, we are. Gigray:. But I mean we can modify that agreement for this situation I think we easily. I just think it's a good idea to have those so that it's clear if they're hooked to your system that at such point as they can be annexed, that provision is automatic. We would record the agreement so~ if they sell the property we have subsequent owners, it's considered a written application for annexation and meets that hurdle. Rountree: Let's be as clear as we can because we're working~with (inaudible) now. Bird: Let's make sure 20 years from now they don't have the same problem. Rountrees Yes to your question. Smith: They are contiguous to existing city limits. Gigray: Oh, they are. Smith: Yes, the annexation process could start immediately. Gigray: So you don't think we need it then. Smith: I don't think so. I don't know if we need any vehicle to ensure that the annexation process takes place or not. The approval by the Council is going to be on that basis that they do proceed with the annexation request. Obviously along with that would be payment of the fees for the annexation. I don't know what that amounts to. How big is that parcel of ground? About an acre. I guess if - Gigray:.;. Well if they're going to proceed with annexation I'd agree with there's no point in getting into that. If they weren't going to proceed with annexation I think we could short form the agreement and take care of it. Whatever you choose. Corrie: I think the record indicates they are going to proceed with annexation. Rountree: My preference still would be to short form the agreement. That gives us some breathing room, it gives them some breathing room. Smith: Mr. Mayor may I ask Shari about the cost? Shari what would be cost of annexation? Stiles: How many acres? ~ ~ MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 49 Smith: One acre. Stiles: It would be -the mailings are 1.73 per mailing and then it's $400 for the annexation itself. It would be maybe around $500 for the application. Smith: The applicant says that's acceptable. I guess we just instruct Mr. and Mrs. Culver to pick up an annexation application firom Planning and Zoning Administrator and proceed with filing the application on the basis of your approval. Corrie: Any other questions? All those in favor of Mr. Rountree's motion say aye. MOTION CARRIED: ALL AYES. Corrie: So if you'll go ahead and get with Shari and the annexation then we'll take care of the other for you. Smith: Thank you Mr. Mayor and Council members, that's all I have. Corrie: Chief Gordon. B. CHIEF. GORDON: 1. ANIMAL SHELTER Gordon: Mr. Mayor, Councilmen, we advertised for bids for a new dog pound, the City Clerk did. My staff and Councilman Bird personally contacted some contractors in an attempt to get some bids. We only had one packet picked up and that was filed late and that was with Lasher Construction. I guess where we're at right now is it was properly advertised. Do we want to go ahead with the one bid or do you want to .reissue? I'm kind of open here. I don't have a problem with Lasher Construction other than my son- in-law works for them. Doug Lasher assured me that he won't be on site. The bid appears to be fair as far as I'm concerned. Bird: Bill we crossed ali the is and dotted our I's. I feel that this is a legitimate bid, Lasher Construction worked on it, come in with an honest bid. I don't know what the state laws - we advertised, we waited. I mean. there was a foul up on the deals when we advertised for February 15th and did something else that the thing said February 3~d or something I guess was that right? So we waited until the 15th kept it open. I for one would just as soon give them the award and the contract and let them get to work. You can have it rebid and now they're getting busy. It's going to cost more money anyway. And you probably won't get any more bids. °- .rt ~~; ~ _ LAY ~~~ Meridian City Council Meeting June 1, 1999 Page 7 Bentley: Mr. Mayor !move we approve the annexation and zoning of 5 acres Lombard Conrad Architects with the change on page 16 number 3.15 changing "and approved" to "for approval" and prepare a Decision and Order. Bird: Second. Corrie: Motion is made and second that we approve the Findings of Fact and Conclusions of Law - do we need other Findings of Fact and Conclusions of Law or can we use these? I'm confused here. We don't need other Findings of Fact and Conclusions of Law. Do we have to approve these? All right, we have a motion before the floor the Findings of Fact and Conclusions of Law be approved with the corrections as stated. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. `~8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF ONE ACRE (FOR R-15 ZONING) BY ALICE CULVER--911 E PINE STREET: Corrie: Staff comments? Stiles: Mr. Mayor and Council, this will also require a development agreement and under 3.6 on page 14, if it is your desire that since could be reworded if the R-15 zone is approved, all development proposals shall be processed under the conditional use permit process. Come: Anyone here from the Alice Culver here tonight? Council any further discussion? Bentley: I have none. Bird: I have none. Corrie: I'll entertain a motion on the number eight. Bentley: Mr. Mayor, I move we approve the Findings of Fact and Conclusions of Law and Decision and Order granting application for annexation and zoning for Alice Culver with the change noted on page 14, 3.6 that if the R-15 zone is approved that all development proposals shall be processed under the conditional use process. ! ~ Meridian City Council Meeting June 1, 1999 Page 8 Bird: Second. Corrie: Motion made and second that we approve Findings of Fact and Conclusions of Law for request for annexation and zoning with the corrections. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 9. DEVELOPMENT AGREEMENT FOR HARTFORD SUBDIVISION: 10. ORDINANCE # -ANNEXATION AND ZONING OF HARTFORD SUBDIVISION: Corrie: City Clerk has that one been signed? Berg: Mr. Mayor, I have not received a signed copy of the development agreement. They've been contacted several times and they have not brought it in to us. Corrie: Did they give you a reason why? Berg: Mr. Mayor and members of the Council, no they did not, but this is where the developer is a different person than the owners of the property so I don't know if there's some negotiations there or waiting for a purchase or what the problem may be, but Glenn Johnson and his representative have been contacted. Ray and Janet Wilder are the owners of the property, so I don't know if there some time frames for different attorneys to review the document or what the reason is. Corrie: We don't have a development agreement signed. We can't do that one or ten either one. Rountree: Mr. Mayor I move that we table item 9 development agreement for Hartford Subdivision and item 10 annexation and zoning ordinance for Hartford Subdivision to our next regularly scheduled meeting June 15t . Bird: Second. Corrie: Item number 9 and 10 motion is to table both those until the meeting of June 15th, 1999. Any further discussion? Rountree: Mr. Mayor, Gary Smith has a comment. • Meridian City Council Meeting June 15, 1999 Page 28 Corrie: Is there anybody from the audience who would like to Ordinance #828 read in its,entirety? Motion made by Mr. Bentley second by Mr. Bird to approve Ordinance #828 with suspension of rules. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ROUNTREE, YEA. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 4. DEVELOPMENT AGREEMENT BY ALICE,CULV AT 911 E. PINE: __ ---- 5. ANNEXATION AND ZONING ORDINANCE # - MALICE CULVER AT 911 E. PINE: Corrie: Mr. Berg, is that agreement signed? Berg: Mayor and.members of the Council.. I do have a signed development agreement. The attorney had some discussions with the applicant. I'll refer to him as far as what those discussions were. Gigray: Mr. Mayor and members of the Council, I was advised by the Clerk's Office that the applicant had some concerns with one of the provisions which is a standard provision in our development agreement unless we're instructed otherwise not to have it and that is section 6, which is in the one that's in your packet that has a compliance period of two years. The applicant as I understand it had indicated that they had not intended to do any present construction, that this was an annexation upon request for the extension I think of a water line. We checked the record, double checked the action taken by the City Council, and given that advice prepared a revision of the development agreement tha# took that section out. I spoke with the Clerk's Office this afternoon and was advised that Mrs. Culver had in fact signed this agreement which you have and advised the Clerk's Office that they might notify here that we have this other agreement with that taken out. There was a couple of other things that I thought were extemporaneous to a development agreement I also removed, and I don't know whether or not and 1 spoke with Ange{ Sims in the Clerk's Office whether or not that contact was made or not. But we know that there is you know the safe play might be to hold and table this as well as the annexation and zoning as it being our policy that we don't annex and zone until we have a development agreement signed. If you choose to accept the agreement as it's signed because she has signed it the way it is, then you can act on what's here. I don't know. I have not spoken with Mrs. Culver myself. Bird: Mr. Mayor, who had talked to Mrs. Culver'? The City Clerk? 1 Meridian City Council Meeting June 15, 1999 Page 29 Berg: Mayor and members of the Council, Mrs. Culver carne in and talked with us and pointed that out that they had no intentions to develop- the property right away, thought two years was even more than they anticipated. They felt they were following the direction of the City Council and the City of Meridian as to be annexed because of the sewer hook up I believe is what it was, and she was very concerned about the two year, but she didn't want to delay our benefit, but I don't think a delay is going to benefit one or the. other intentions of getting it right the first time. So I would concur with Mr. Gigray to make sure she's signing the right documents that she-feels is best for her property and the right intent towards the city of which her intentions are. Gigray: Yeah, and it's all there. Corrie: Okay we can table item four and five until the next meeting or what is your pleasure? Bird: Mr. Mayor I move that we table the development agreement by Alice Culver at 911 E. Pine and also the annexation and zoning ordinance of Alice Culver of 911 E. Pine untilnJuly 6~h, 1999 so tha# that she may look at the new development agreement the attorney has. drawn up. Anderson: Second. Corrie: Motion made and second that we table item number 4 and number 5 as stated until July 6, 1999 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 6. DEVELOPMENT AGREEMENT BY THE LDS CHURCH AT 1985 BLACK CAT ROAD: Corrie: Mr. Berg, they have signed that i understand. Is that correct? Berg: Mayor and members of the Council, they have signed the development agreement. Carrie: l'll entertain a motion on the item number six far the resolution as well. Bentley: Mr. Mayor, I move we approve the development agreement by the LDS Church 1985 Black Cat Road, authorize the Mayor to sign and the Clerk to attest and the resolution. Bird: Second. MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 APPLICANT: ALICE CULVER AGENDA ITEM NUMBER: 8 REQUEST: ANNEXATION AND ZONING OF ONE ACRE )R-15) AGENCY CITY CLERK: CITY ENGINEER; CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: ~~ ~~c'°'R ~-~' ~~- ~ ~~ 0 MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERSIRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~~~ ~~~ ~ ~'~ ~ ~s BUREAU OF RECLAMATION: OTHER: All`Materials presented at public meetings shall become property of the City of Meridian. ~~~ `. MERIDIAN CITY COUNCIL MEETING MAY 18, 1999 PAGE 23 M~t 11:~ PUBLIC HEARING: REQUEST FOR ANNEXATION 8~ ZONING OF ONE ACRE (FOR R-15 ZONING) BY ALICE CULVER-911 E PINE STREET: Corrie: At this time I'll open the public hearing and start with staff questions, recommendations. Stiles: Mr. Mayor-and Council, this is for property on Pine Street: They had requested to be hooked up to sewer and Council directed them to request annexation and that is why they have come in with this application. They have no plans at least that they've disclosed at this time for the development of the property.. They are considering multi family dwellings and have requested the R-15 zone. We ask that you include our comments in our memo and.that a development agreement be prepared for this project. Smith: Mr. Mayor and Council members, I just have a couple of items that I would think need to be corrected on the Recommendation to City Council. At the bottom of page one, item number six. The subject property is located on the south side of Pine Street rather than the north side, .and it's approximately 1700 feet west of Locust Grove Road rather than 500 feet west. I would request those corrections be made. Thank you. Corrie: This is a public hearing. Would the representative for Alice Culver come up? ALICE CULVER Culver: I'm Alice Culver. My address is 6100 Pierce Park Lane, Boise. I'm here to get an okay for annexation and rezone. Corrie: Okay, have you read the recommendations to the City Council? Culver: Yes, I have and we agree to comply. Corrie: Any questions from Council of the applicant? ` Bird: I have none. Bentley: I have none. Corrie: Okay, thank you. Anyone else from the public who would like to issue `~ testimony in this request for annexation and zoning? Hearing none, any other questions from Council? I'll entertain a motion to close the public hearing. Bentley: So moved. MERIDIAN CITY COUNCIL MEETING MAY 18, 1999 PAGE 24 Bird: Second.. Cowie: Motion made and second to close the public hearing. All those in favor say aye. MOTION CARRIED: ALL AYES. Cowie: Discussion of staff? Hearing none, I'll entertain a motion for the annexation and zoning. Bentley: Mr. Mayor, I move that we instruct the city attorney to prepare Findings of Fact and Conclusions of Law with the addition or corrections to the Planning and Zoning's item number six as stated by Gary Smith and to prepare an order for annexation and a development agreement. Bird: Second. Cowie: Motion is made and second to approve the request for annexation and zoning with the conditions as stated in the motion and with the corrections of the recommendation to Council. Any further discussion? All those in favor of the motion say aye. MCITION CARRIED: ALL AYES. 12. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAKE$ AT CHERRY LANE NO.9 (44 SINGLE FAMILY BUILDING LOTS ON 14.78 ACRES) BY STEINER DEVELOPMENT, INC.-SOUTH OF USTICK ROAD & EAST OF BLACK CAT ROAD: Cowie: I'll open the public hearing and invite staff comments and recommendation. ~- Stiles: Mr. Mayor and Council, this is a piece of property that was initially proposed to be within the Ashford Greens Subdivision. We had seen this again, I don't know if you had seen it. Yeah Wilkins Ranch, it was included as part of Wilkins Ranch at one time. They have reconsidered and have come back with a project that meets the R-4 requirements. They've taken our recommendations for the cul-de-sac to make those larger lots. It does meet all the requirements for an R-4. They are proposing I believe the pathway to continue along the Eight Mile Lateral. One issue that remains, I don't know if you can see it on your plats, on the west end there where W. Moon Lake Drive ends there's a little strange piece of property. This was a remnant when Ashford Greens developed. The City needed additional land for the lift station and when they adjusted all of their lots, they failed to include this portion there. So basically there's no legal right-of-way existing there. We had asked the applicant to get with David Turnbull and try to come to some conclusion to get that taken care of. Ms. Bowcutt wilt address what our conversations were, but I think the applicant's first response was that they ~ ~, 4 g~ 6 F ., interoffice ~~ ~ ~., - , IVI ~ E M "Ov R A N D U ~M "' To: William G. Berg, Jr. R~+ CEI~T~i D 4 From: Marlene. St. Geo ~ ~ ~ - 2 1999 Subject: ALICE CULVER CITY OF MERIDIAN FILE NO.: AZ-99-004 Date: June, 2, 1999 .. Will: Pursuant to our telephone discussion pertaining t'o the above matter, please;find attached the revised page of the Findings, page 14 at 3.6. to. add`the word "shall". I have .also attached a new page 5 of the Development Agreement to reflect the same word'at.5.1.6. ~ , If you need anything further please advise. ms~Z:\Work\M\Meridian 15360M\Culver AZ\BergMemo060299 f t ~, ,~ tia ~. L r ~ . i. . 6. . ~m~%, ~a . ;~~ b' 43.3 ¢. 3~4 3.5 .k 3.6 3.7 . f 3.8 .. • • Y~ k C ~~, g °~. .and be,connected to the Municipal Water and Sewer systems of the. 'City of Meridian. The predominant housing types in this district will-be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. The property could be considered to have direct access to an open space corridor due to the fact that Five Mile Creelc is directly across Pine Street to the north. . ,~ The property included in this application is located in an area` designated' as Existing Urban in the Meridian Comprehensive Plan. Property to the south, west and east of this parcel is zoned R-1 in Ada County. The property north across Pine Street is zoned L-O. Upon future development; any existing irrigation drainage ditches crossing the°property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/dranage district, or lateral users association, with written confirmation of said'approval submitted to the Public Worlcs Department. ~~ Any existing domestic wells and/or septic systems within this parcel., shall 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. _, If the R-15 zone is approved, staff recommends that all development proposalstbe processed under .the conditional use permit process. ~~u~' Applicant shall dedicate 35-feet of right-of-way from the centerline of Pine Street 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. ~~ Utility street cuts in the new pavement are not allowed unless approved in writing by the District. h FINDINGS OF FACT AND CONCLUSIONS OF~=LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING /ALICE CULVER . y F E an open` space corridor due to the fact that Five Mile G1 ~ Creek is directly across Pine Street to the north. ~ f~' `(~ ,5.1.3 The property included in~this application is located ~~, 1 in an area designated as Existing Urban in the ,~~ Meridian Comprehensive.-Plan. Property to the . south, west and east of this parcel is zoned R-1 in Ada County. The property north across Pine Street t is zoned L-O. - - z 5.1.4 Upori future development, any existing irrigation drainage ditches crossing the property to be included in this project, shall be tiled per City #' F Ordinance 11-9-605.M. -Plans shall be approved by the appropriateirrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works { . Department. 5.1.5 Any existing domestic wells and/or septic systems~~, m within this parcel shall 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. 5.1:6 If the R-15 zone' is approved, staff recommends- that all development proposals b~e_processed under the " conditional use permit process. ~~~ - 5.1.7 Applicant shall dedicate 35-feet of right-of-way from the centerline of Pine Street abuttingthe parcel by ' means of recordation of a final subdivision plat or f 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 d , fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. u ; DEVELOPMENT AGREEMENT - 5 3 1~ _ ~t~ ~~ E l+l ~,~.. 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 5 ACRES {FOR L-O ZONING} BY LOMBARD CONRAD ARCHITECTS-1985 BLACK CAT: Corrie: Staff. Stiles: Mr. Mayor and Council, this would have required a development agreement according to the Decision and Order. The only thing I would request on page 16 under item 3.15 line three, I'd ask that the words "and approved" be changed to "for approval" by the Planning and Zoning Department. It's just a minor issue, but the way it's worded, it almost -not that it would happen in this case, but some people may think that the fact that they have provided a plan means it will be approved. Corrie: Anything else Shari? Stiles: No, that's all. Thank you. Corrie: Further discussion on item number seven by Council? I'll entertain a motion on item number seven. Bentley: Mr. `Mayor I move we approve the annexation and zoning of 5 acres Lombard Conrad Architects with the change on page 16 number 3.15 changing "and approved" to "for approval" and prepare a Decision and Order. Bird: Second. Corrie: Motion is made and second that we approve the Findings of Fact and Conclusions of Law - do we need other Findings of Fact and Conclusions of Law or can we use these? I'm confused here. We don't need other Findings of Fact and Conclusions of Law. Do we have to approve these? All- right, we have a motion before the floor the Findings of Fact and Conclusions of Law be approved with the corrections as stated.: Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF ONE ACRE (FOR R-15 ZONING) BY ALICE CULVER-911 E PINE STREET: Corrie: Staff comments? Stiles: Mr. Mayor and Council, this will also require a development agreement and under 3.6 on page 14, if it is your desire that since could be reworded if the R-15 zone is :~ - - i ~~~RQEO-~~ u ss a~ ADA CGUW Y RECORQ .1. CiAVir? ~;AV,~~RO ,'~,`,~~, !!~~A~~fCI ~~~ FEE DE ~g~q~~,~-3~~~:~7 ~~o~~s3s5 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS '~77-- THIS AGREEMENT is made and entered into this ~ S~ day of d ~- , 1999, by acid between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and WALTER A. CULVER, as hereinafter defined and hereinafter referred to as "SEWER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer User" is the sole owner, in law and/or in 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, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate sewer systems; and 1.3 WHEREAS, "City" operates and maintains and develops a sewer system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its sewer system codified at Chapter 5 of Title VII of the Municipal Code of the City of Meridian; and 1.5 WHEREAS, the "Sewer User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer User" is desirous of obtaining connection to the sewer to serve the "Real Property" and the "City" is willing to provide that connection to the sewer service to the "Sewer User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - I approved, all development proposals shall be processed under the conditional use permit process. Corrie: Anyone here from the Alice Culver here tonight? Council any further discussion? , Bentley: I have none. Bird: I have none. Corrie: I'll entertain a motion on the number eight. Bentley: Mr. Mayor, I move we approve the Findings of Fact and Conclusions of Law and Decision and Order granting application for annexation and zoning for Alice Culver with the change noted on page 14, 3.6 that if the R-15 zone is approved that alt development proposals shall be processed under the conditional use process. Bird: Second. Corrie: Motion made and second that we approve Findings of Fact and Conclusions of Law for request for annexation and zoning with the corrections. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. • • this agreement that the "City's" "Ordinance" and "PolicylRegulations" which govern its sewer system be included as terms and conditions of this agreement and that the "Sewer User" provide perpetual consent to annexation of the "Real Property" in to the "City". 2. 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: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer User": means and shall refer to Walter A. Culver and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real 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 together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its sewer system presently codified at Chapter 5 of Title VII of the Municipal Code of the City of Meridian, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its sewer system. 2.6 "Sewer System": means and shall refer to the City's sewer system. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 2 • NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER HOOKUP SERVICE: The "City" agrees to provide a connection to the "Sewer System" to service the "Real Property" subject to the terms and conditions of this Agreement. 5. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR THE HOOKUP OF THE SEWER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer System" connection shall be the responsibility of the "Sewer User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the sewer service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: The "Sewer User" is required to immediately submit an application for annexation of the "Real Property", which is a condition precedent to the "Sewer User's" eligibility for the "Real Property" sewer service connection fee within the City limit rates. The "Sewer User" herein gives consent to such annexation and agrees to pay the annexation application fee. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. §50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`SSEWER SYSTEM OUTSIDE THE CITY LIMITS - 3 • applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer User" cost, and submit proof of such recording to "Sewer User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer User", or by ariy 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. 11.2 In the event of a default, written Notice of Default shall be served and defaulting_party shall then have thirty (30) days after delivery of notice of default to correct the same before the non- defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer User" 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. 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 4 Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o Meridian City Engineer Gary Smith City of Meridian 200 E. Carlton, Suite # 101 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER: Mr. Walter A. Culver 6100 Pierce Parlc Lane Boise, ID 83703 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 1'3. 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. 14. 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. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 5 • 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each 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. 16. 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer User" 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 "Sewer User" 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", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the City" this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 6 • ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed-this agreement and made it effective as hereinabove provided. Walter A. Culver 6100 Pierce Parlc Lane Boise, ID 83703 CITY OF MERIDIAN By: ~ OR ROBERT D. CORRIE ATTES ~<<;t~tltllililtt~t WILLIAM G. BERG, JR., CI CLERK ~ ~o ~~ BY RESOLUTION NO. Z .~ 2-. - ~~~ SATE OF IDAHO,) =~, .~~ r 1s~ ~ ~ .~ ,`r County ofAda ) ~ ss. '~.,~~q/,t .`~~``~~~~`` fltllli ttN11~ On this day of ~ ~'-~ , in the year 1999, before me, ~~ C,r=(~ , a Notary Public, personally appeared WALTER A. LVER, known or identified to me to be the person who executed the above and foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ,. . .~. -~ :~~'~ r~ ~~"~~~ Notary Public for ho ., '~ ~s „~,~',? 'l ~~ Residing at: ~~ . . '~. ' `r~` ~ "~ My Commission Expires: ., ,~+ ` A~1~EM,EN~•FOR HOOKUP TO THE CITY OF 00 MERTDIAl~`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 7 ~, ~-~ 1 STATE OF IDAHO, ) County of Ada ) ss. l„~,! n t ,~_ day of ~)~~ , in the year 1999, before me, ~ ~ , a Notary Public, personally appeared RO ERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the persons ,that executed the instrument on behalf of said City, and acknowledged tome that such City executed the same. `, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in thiscertificate first above written. L' SIB' ~eeee eeeeee• .`P ~p T A.R y ~• '.e 1'UB1.ZG °o°`1i~. ~1S~mr~gt:a'~i4 s°° 9?, eeee A ,,~ °1.°,sEaOF~~~~~.`. ,~ r 1..~..~~~ 1'Y1~ , Nota Public for Idaho ,Residing at: mp,( ~~ar .. My Commission Expires: a VER HOOKUPAGR.wpd AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 8 q~ ~ Ql ~Z ~ iv ~~~~~ ~ r ~. r ... TiaTHL ~~. Ut. EXHIBIT "A" TO THE AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - ~lLE NO.: P~fi9078 ~ FXM18I7 A The land ref erred. to in this Cararaitment is described ~a follows: A TRACT OF LANG IN LOT 8 GF ON4YILER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOX 8 OF PLATS AT PAGE 378, RECORDS OF ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLO'frS: COMMENCING AT THE NOATHWEST~CORNER OF LOT 8 Of THE OHWILER 9U90IVISION IN THE NORTHWEST QUARTER OF THa SQUTHEA57 QUARTER OF SECTION 7, TOWNSHIP 3 NORTH OF RANflE t EAST OF BOIS'c MERIDIAN, IN AOA COUNTY, STATE OF IDAHO, RUNNING THENCE EAST ALONG NORTH LINE OF SAID LOT 8 A OISTANCE.QF 188 FE.T TO A POINT, THE REAL PLACI OP 6EGINHING; THENC'c RUNNING"SOUTH PARALLEL TD ~rrEST LINE OF SAID LOT 8 TD THE SOUTH LINE THEREOF; THENCE EAST ALONG SOUTH LINE OF SAID LOT 8 A DI$TANGE OF iS1.2 FEET TO A POINT; THENCE NORTH PARALLEL TO THE WEST LIME OF SAID LOT 8 TO A POINT ON TH'c NORTH LINE THEREOF; THENCE WEST ALONG SAID NORTH LINE OF SAID LOT 6 A DISTANCE OF iSt.2 FEAT TO THE PLACE OF 9EGIHHIHO. j i EXCEPTING THEREFROM THE FOLLOWING: A PORTION OF LOT Q, OF THE ONIYILER SUBDIVISION, AS RECORDED IN BOOK 8 OF PLATS, PAGE 378, RECORDS OF~ADA COUNTY, ZDAHO, SITUATE IN THE NORTHWEST OUAATER OF THE SOUTHEAST QUARTER OF SECTION 7, TOYMSHIP 3 NORTH, AANOE 1 EAST, BOISE MERIDIAN, AOA COUNTY, IDAHO, MORE PARTICULARLY DESCRZEIED AS .FOLLOWS:' ~ Cf3MidENCZMG AT THE C.•.NTEA OU:~BTER CORNEA OF SAID SECTION 7, MARKED BY A FOUND BRASS CAP MONUMENT 8 Slx.t PE 777, 1988; THENC: NORTH 89 DEGREES 00'00' EAST 857.58 FEET, ALONG THE EAST/WEST MID•SEOTION LINE, TO A POINT; THENC: SOUTH 00 DEflREE 00'00' WE3Ti 313.10 FcET, TO A POINT MARKET BY A SET t/2' I.P. AND CAP, P.L.$. 874, THE POINT OF TAU6 IIHDIHNINO; TrtENCE NORTH 89 DEGREES 00'00' EAST tE1.ZO FE.T, TO A POINT MARKED BY A SET 1/2' I.P. ANO CAP, P.L.S. 874; THENCE 30UTH 00 DEGREE 00'00' WEST 854.14 F?=_T, TD A POINT MARKED BY A SET 112' I.P. ANO CAP, P.L.S. 874; SHENCE NORTH 89 DEGREES 00'OOj WEST 151.20 FEET, TO A POINT MARKED BY A SET t/2' , '..P. AND CAP, P.L.S. 874; THENCE t NORTH 00 DEGREE 00'00' E.49T. 848.88 FEET, TO A POINT MARKED BY A SET•t/2' I.P. AND CAP, P.L.S. 974, THE POINT OF TRUE BEGINNING. AND EXC'cPT AMY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY FOA E. PINE STREET. END OF LE{iAL DESCRZ!•TIDN ~ ~1 ~ i vU ^,~ '~ SiATc OF vt-L+ uc-{TC~ , County ai ~r~uAT.'T * ~ , ss, On/fhfs ~o day of 'vn~ , in [hc yes: of ' ao P. , Sclort• rrr ~ z n. ~ ~ __ '~ r: ~1~-F ~ n i10:1f'V Cll OltC. Oet• :ortaily eopeared rvey+ nr-^ u r r1+1 ~% known or identified to the to 6e No g::son _~ttozo naa:: _ // suosc:tb_~ to t!:e wict;ir; inscrv. ^.:..;r;c :c;:rowlcdged to me tJrt e:tr_stcd thb .~._. , ., ~ r. _ ... _ _ _ _.n g 1 e ~-1~ QFFIC;AL5~~1L ~ ~`~' ~ f~ l(; ~~~.~, Jsmec E. Prasek Noce-y aubtfc:. ~ _------_ 1 } ~ rs' titx~srntauC Resldfng ac• i~'~3 .~../ >'.r.!''++ ~+/Y .01h x:.!'I l ' "~ ST.~ifi OY NZW !~r[O i •, .a ... ..,., U-q,. ,n0•Z My Cgmaussion Ezotru: U -!~ - ~-no~. EXHIR `a"'~'~ ~'~~ T FOR I~TQdKUP TO TH ---- OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS °~ ~'~~~. ~~ ~~ ~ ~ ~ ` I ~ ~ D 1 ~ ~ ~ ` ` ~~ 1 ~ ~~~ i~r 1e ~~ ~ `".~ `~ ~' t ~ P r~ .~_ , t ~ ^e J~~ , , ~ ~ ~ ~'~ x , •~ i ... .m - ~~, :~ ~~ .~ ,~, N ~rK ' : ~ . ` ..~.•~ 9~ ~ ~ i Z 8 ~ e..arc~er[1 .. ti ; a ~. c~ , •~~.r ~ eg r--- - - • t s • _ ~ h• ~ r / ~ _ \~ tiar,v ~., t~ ~ A ~ ~ ~: 1,8 e 1 ~ ~ °.z ~ 1 t ~~s ''~ ~1" ~ ~ ~7I1 it + ~ ~'a. ~ -~; ~ o ; '' ~ T ~ -,a ''~ .• `~` 4 `~~ ~ tAd ~` tit ~ y ° } ~ ~ ~ 1~ ~ ~ ~ ~e ~ ,~ a Q~~~ y .g ~ ~V ~ ~ 3t°~ I~ ~ j~~+~ ~~ ~~ ~. ~ ~ ~ ~ ~ ~~ e i ~ ~ ,,. a f i .. 7y C L EXHIBIT "A" TO THE AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 'm a ~. C" 7 ;~a ~~ ~ z~ c ~~ D * p ~~~ ~ o "`?~ •C ~ o Z C!! ^~` C ,~ ,~~~. ~~~ m -c ~~ g 0 T[I I HL ~'. UC. RESOLUTION. NO. ~~~ Y . 1 ! JY!!L/~~~~~//VVV - ~I ~~~~ BY. ,~..// ~j~ ~~~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES;- AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT FOR HOOKUP TO THE CITY OF MERIDLAN' S SEWER SYSTEM OUTSIDE THE CITY LIMITS", BY AND BETWEEN THE CITY OF MERIDLA-N, ,AND WALTER A. CULVER. BE IT RESOLVED BY THEMAYOR 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 WALTER A. CULUER, denoted as "AGREEMENT FOR HOOKUP TO'THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS" 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: I . The Mayor and Cleric are hereby authorized to enter into and on behalf i of the City of Meridian `that certain agreement with W RID AAN.,S SEWER entitled "AGREEMENT FOR HOOKUP TO THE CITY OF ME . I RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH WALTER A. CULVER { /_ s SYSTEM OUTSIDE THE CITY LIMITS" dated the ~ ~ ,day of ~~~- , 1999, by and between the City of Meridian and Walter A. Culver, 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 ~tday of ~w~, , 199 ~. S~- APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~~ , 199. ATTEST: CITY CLERK msg\Z:\Work\M\Meridian 1 ~ --r \\ / ~,! OR i~e44gtk3i4P4tll;Fla ~~~t ~ ~~~~~+Px ~~ ~'~~ '~ .~~~ a ,a~~°' ~ Syr `~'~"~ ,y .~„ ~, ~' w ~ ~. .~ w r Iveri T 7~ , ~ ~~°~` arlj~,d~ P!A 44~4~~~~~~~° ~~1;34;g16444 ~_ RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING 2 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH .WALTER A. CULVER ` Mayor ROBERT D. CORRIE HUB OF TREASURE VALLEY A Good Piace to Live LEGAL DEPARTMENT o,~~1I ~ m ~ CITY OF MERIDIAN c~o3)334-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (zos) ss~-22 t I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)334-5533 FACSIMILE COVER SHEET FAX NUMBER: C) ~~ -' ~ at ~ ~ DATE: ~ I 1 TO: 1 l {Y~ t ~ 1 ~~ TITLE/DEPARTMENT: CONFIDENTIAL: YES NO !~ TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):. FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 n ., . NAME: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. t ]USTIN P.~AYLSWORTH -.,.. JULIE KLEIN FISCHER~" WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER $. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC $. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE ,. • WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. I ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com May 26, 1999 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.OZ47 TEL (208) 466.9Z7Z FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE ~avEp MaY 2 6 1999 City of 1~'Seridian City Clerk Office Re: ALICE CULVER /ANNEXATION AND ZONING ORDINANCE Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Alice Culver. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for.Annexation and Zoning are adopted, and the Development Agreement has been signed by the Culvers. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If,you have any questions arise, please advise. ~ Very truly yours, Steve Rutherf d msg~L:AWorkUvl~Ivleridian 15360M\Culver AZ~Clerk on Ord Ltr.wpd r-~ ~' JUSTIN P. AYLSWORTH JULIE KLEIN PISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com May 26, 1999 William G. Berg, Jr., City Clerk MERIDIAN CITY HULL 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 w~Ep MAY 2 6 1999 City ®f ~eridien City Clerk Office Re: ALICE CULVER / ANNEXATION AND ZONING FINDINGS and the DEVELOPMENT AGREEMENT Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATIONAND ZONING prepared as perinstructions from the Council meeting of May 18, 1999, and which~are on the agenda for June 1, 1999. I have also attached the originals of the Resolution and Certificate of the Clerlc for the Development Agreement. !R I have also attached hereto the Development Agreement for the above matter. After the Council meeting of June 1, 1999, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application. for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners for signatures. If you have any questions please advise. Very truly yours, Steve Ruther ord WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW msg\7.:\Worlc\M\Meridian 15360M\Culver AZ\FFCL and DevAgtCllc.ltr e 4 MERIDIAN CITY COUNCIL MEETING: MAY 18, 1999 APPLICANT: ALICE CULVER AGENDA ITEM NUMBER: 11 REQUEST: ANNEXATION AND ZONING OF ONE ACRE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS SEE ATTACHED MINUTES FROM P 8~ Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION FROM P & Z REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS 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: (~, i' " US WEST: ~,~/ ,~~ u~'Lw ~~ INTERMOUNTAIN GAS: C•, BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERfDiAN PLAf~JG & ZONING COMMISSION APRIL 13, 1999 PAGE 43 MacCoy: Okay, thank you. I didn't think it would be. We seem to get a church about once a month. Today we have two. Are you ready to close the public hearing and move on? Borup: I move we close the public hearing. Barbeiro: I'd like to second the motion please. MacCoy: All in favor. MOTION CARRIED: ALL AYES. MacCoy: What about a motion now? Are you ready for a motion? Borup: Yes. I move we approve this request for annexation and zoning of five acres to L-O zoning by Lombard Conrad Architects and incorporate staff and all comments made in the hearing. De Weerd: Second. MacCoy: Any discussion? Rossman: Staff comments particularly are the conditions? De Weerd: Yes. Rossman: Okay. There wasn't any testimony in the hearing you want to make as an additional condition. Borup: No, just the staff comments as conditions. MacCoy: Any other discussion? If no, all in favor. MOTION CARRIED: ALL AYES. MacCoy: It's now 9:00. We're going to take a break for about ten minutes and we'll be back here again to pick up on item nine. ITEM NO. 9: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF ONE ACRE (FOR R-15 ZONINGS BY ALICE CULVER-911 E PINE STREET: MacCoy: We're going to reconvene. We're over our time already and we want to be able to get out of here tonight all of us. We're on item number nine. It's a new public hearing and request for annexation and zoning for one acre for an R- MERIDIAN PLANI~G & ZONING COMMISSION APRIL 13, 1999 PAGE 44 15 zoning by Alice Culver, and is the applicant here to bring it forward to us? Thank you. Culver: Hi, I'm Alice Culver. My address is 6100 Pierce Park Lane, Boise. I'm here to try and get this acre rezoned and annexed. t've read the staff report. I'm in perfect agreement with everything on it. 1 don't have a problem of any kind. MacCoy: Staff, do you have any comments now? Stiles: Mr. Chairman, Commissioners, we -did get the legal description today and Bruce has checked that. That's fine. As our conditions state, we ask that any development proposals be processed under the conditional use permit process and that way you'd have the opportunity to review any of the development plans for the parcel. MacCoy: That's good. Thank you. Commissioners, do you have any questions at this time? Borup: Yes, I think I do. That's on the zoning designation on the R-15. This is the one that I got right before the meeting, but isn't there -don't we have some other things that need to be complied with in an R-15 like open space, etc? Stiles: That would be listed under item 2 of our comments. Borup: How does this address -what's the destination of Pine? It's not arterial or collector or is it a collector? So it's okay there. How about the park and open space or is that a concern? Stiles: We don't have any plans so we can't determine today that they do have direct access to a park. They are immediately across the streeffrom what's zoned L-O today, and thought it may not be considered direct Five Mile Creek is expected to be a multiple use pathway on the north side of Pine. Borup: Okay, there we go. That was in your last sentence, wasn't it? Well that's an area that I don't think this would be an inappropriate use. It's an older section of town and then with L-O on one side, I think you're looking at this is probably an appropriate use. I don't have any other questions: MacCoy: You don't? Borup: Not at this time. MacCoy: Okay, any other commissioners? No, all right you can sit down. Thank you. Is there anyone here since this is a public hearing that would like to speak for this annexation and zoning to R-15? All right seeing none, is there MERIDIAN PLANI~G & ZONING COMMISSION APRIL 13, 1999 PAGE 45 anyone here on the other side of the fence who would not like to see this be processed for an R-15? Okay, seeing none, back to the Commissioners, what do you want to do? This is a public hearing and we have nobody who wants to talk. De Weerd: Mr. Chairman, I don't know if this is an appropriate question, but can we ask what their intended use is? MacCoy: You can do that. You want to come forward? Culver: I would like to build apartments on the property De Weerd: On this one acre lot? Culver: Yes. De Weerd: But you don't have any plans at this time. Culver: No, not at this time. The septic tank on this parcel failed, and we went before the City Council to hook it up. I asked that we annex it and rezone it, which we're doing. We did hook up to the city sewer, the existing house that's on it, so that's been done. It was already hooked to city water, but once this is rezoned then yes I will go get an engineering firm and we'll put together a plan and I'll be back before Planning and Zoning and the City Council to have that approved at that time. De Weerd: Okay, thank you. Borup: Mrs. Culver, so there is an existing house on the property? Culver: Yes. Borup: And would that house stay on the development or you'd be - Culver: It's in a corner of the property. I would think so, but Idon't - Borup: So it's split off fairly easy then. Culver: Yes, I don't know that it would be worthwhile economically. I think that would be up to an engineering firm to determine. Borup: And when you say apartments, are you talking a large apartment complex or like four.-plex, duplex units? Culver: I'm probably talking about afour- plex and maybe a triplex unit. I don't know exactly what the parcel will hold and come under your zoning designation. MERIDIAN PLANI~G & ZONING COMMISSION APRIL 13, 1999 PAGE 46 You know without the engineering being done, so I can't tell you that, but I'm not looking at anything bigger than four-plexes, no. Borup: Okay, thank you. MacCoy: Okay, thank you very much. De Weerd: Shari, this would come in front of us any development under a CUP, right? Stiles: Yes. Rossman: Well except for three-ptex, I mean if she's asking for three plex, it shows as a permitted use. Anything above three plex would come in on a conditional use. Stiles: Or more than one building on the lot. De Weerd: Okay which there is already building on the lot so it would. Okay, thank you. MacCoy: All right I'm going to close the public hearing. De Weerd: Mr. Chairman, I move that we close the public hearing. Barbeiro: I second the motion. MacCoy: All in favor? MOTION CARRIED: ALL AYES. Borup: Mr. Chairman, just clarification. Shari you said if there's more than one building it would be under conditional use permit or if it's over a three plex. Is that correct? Stiles: Yes. Borup: One other or both. Okay. Thank you. De Weerd: Mr. Chairman, I'd like to move that we recommend the request for annexation.. and zoning of the one acre for Alice Culver to include staff comments as conditions of the annexation. Do I have a second? Borup: Second. MERIDIAN PLAi~IG & ZONING COMMISSION . APRIL 13, 1999 PAGE 47 MacCoy: Thank you. All in favor. MOTION CARRIED: ALL AYES. ITEM NO. 10: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAKES AT CHERRY LANE NO. 9 (44 SINGLE FAMILY BUILDING LOTS ON 14.78 ACRES) BY STEINER DEVELOPMENT, INC.-SOUTH OF USTICK ROAD & EAST OF BLACK CAT ROAD: MacCoy: Is the applicant or representative here? You want to come up here and talk about this? BECKY BOWCUTT, BRIGGS ENGINEERING, 1800 W. OVERLAND, BOISE. Bowcutt: The applicant is Steiner Development. This is the Lakes at Cherry Lane No. 9. (Inaudible) Bowcutt: The parcel here is 14.78 acres. The golf course surrounds it here. That's what you see here. Originally this came through I think as Wilkins Ranch a year or so ago, I believe and at that time they had some townhouses or type dwellings- that were proposed and they had far greater units than what you see here. There's not a lot that can be done with this parcel. We've got Moon Lake Drive that terminates here at the Lakes at Cherry Lane No. 4. Moon Lake Drive that comes in right here out of Ashford Greens. My client also owns this parcel here. We have redesigned it and we're bringing it in as a separate application in two different segments. A street will come through here and enter right here at this open space lot. That's why I've got that open. We've also got the Eight Mile Lateral. It comes out of the golf course traverses us. It would have to be piped or in a box culvert, go under Moon Lake Drive and then it exits the property here. That's what you see in blue. The density for the project is 2.98 dwelling units per acre. We've also got these four common lots, landscaping island here and then an elongated cul-de-sac with a landscaped island located here and then we've got this area here adjoining the lateral. As staff indicated in their staff report we do exceed the maximum cul-de-sac length which is stated as 450 feet under the ordinance. This particular cul-de-sac is I believe approximately 475 feet from center to center. We will need approval from the City Council for a variance on the cul-de-sac length and then the block length.. Under your ordinance I think the maximum is 1,000 feet or 1200 feet and because they count all the way around we would exceed that. I'll move on to address staffs comments. Staff commented on the Eight Mile Lateral. The applicant would like to leave the Eight Mile Lateral open as it goes north of Moon Ridge Drive. Other developments that we've had the Eight Mile Lateral go through it, it was one of those facilities that was too big to pipe exceeding a 48 inch. I have not received confirmation on t` HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live oun ~,~ 1 Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD ~~ CE~~ APR 1 3 1999 City of Meridian MEMORANDUM: City Clerk ®ffice To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator [=~~ LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT ~2os> asp-22 t I PLANNING AND ZONING DEPARTMENT (208) 884-5533 April 9, 1999 Re: Request for Annexation and Zoning of Approx. One Acre to R-15 by Alice Culver 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. Submit a metes and bounds legal description, tied to government corners, stamped by an Idaho Registered Land Surveyor, which meets the requirements of the City of Meridian and State Tax Commission. 2. Property is currently zoned R-1 in Ada County. Applicant has requested annexation because sewer service is being requested and the Meridian City Council asked that an annexation application be submitted. The requested zone, R-15, is for a Medium High Density Residential District. The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. The property could be considered to have direct access to an open space corridor due to the fact that Five Mile Creek is directly across Pine Street to the north. 3. The property included in this application is located in an area designated as Existing Urban in the Meridian Comprehensive Plan. Property to the south, west and east of this parcel is zoned R-1 in Ada County. The property north across Pine Street is zoned L-O. 4. Upon future development, any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per .City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. cut~~r.Az ~&Z Commission/Mayor & Council April 9, 1999 Page 2 5. Any existing domestic wells and/or septic systems within this parcel 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. 6. If the R 15 zone is approved, staffrecommends that all development proposals be processed under the conditional use permit process. AZ-99-003 Culver.AZ __ _ ,. E ~; >; ~~ '" ~ . ~Y j ~ BEFORE THE PLANNING AND ZOIVING,COMMISSION .;_ F. IN THE_MATTER OF THE ) Case No. 99-004 : v REQUEST FOR ANNEXATION ) AND ZONING OF -1 ACRES AT ) RECOMMENDATION TO CITY 911 E. PINE ST. ) COUNCIL ) F ~ I~/~~ a ALICE CULVER, ) > MAY ~ 1 3 1999 Applicant r ) City of Meridian v City Clerk Office 5 . L ~, ':~ s INTRODUCTION 1. The property is approximately 1 acre in size. The property is located at' 91,1 E. Pine Street in Meridian, Idaho, between Meridian Road and Locust Grove Road. 2. The owners. of record of the subject property are Walt,and Alice Culver; . ,~ .~ of 6100 Pierce Parlc Lane, Boise, Idaho. '' 3. Applicant is the record owner of the subject property and filed a written request for annexation grid zoning: 4. The property is .presently zoned by Ada County as Estate Residential • (R-,1), and consists of agricultural land'-with a single family dwelling. 5. The Applicant requests- the property,be zoned as Medium High Density 3 Residential District (R-1~5). N a'e~~-- °6. ~ The site of the subject property is located on the~e~k side of Pine ,~ RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -ALICE CULVER . 4,. 911 E. PINE AVE. Y ~ r ~. ,5 _. ~ ~ w l7op Street ~approximately-s66=feet west of Locust Grove Road. P ~~ 7. The city limits of the City of Meridian are adjacent and abut to the ~ - north,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: Develop afour-plex, triplex or duplex multi-family dwelling,. .r .. 11. The Applicant's requested zoning of the subject real property as =Medium High Density Residential {R-15) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 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 annexation and RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATIOIV~AND ZONING -ALICE CULVER 911 E. PINE AVE. ' s ;~~ . • M .. k .. .:. ,. 4.w ~ ~ ~~ ~. e S r. i LL r X zoning as requested by the Applicant for the property described' in the application, subject to the following: ~ .. Adopt the Planning and Zoning Administrator and Assistant City Engineer , Recommendations as' follows: ~ b a r `r . ~ ,. 1.1 Applicant shall "submit a metes and ybounds legal description that gt references the recognized"government corners. 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. ~~ ~ . 1.2 Property is currently zoned R-1 in Ada County. Applicant has requested annexation because sewer service is being requested and the Meridian City Council asked that an annexation application be submitted: The requested zone, R-15, is for a Medium High Density Residential" District. The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding ' ~-~~ °' ~~ fifteen (15) dwelling units per acre. All such districts must have. direct access to a transportation arterial or connector, .abut or have. direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, -apartment buildings and condominiums. The property could be considered to have direct access to an open space corridor due to the fact that Five Mile Creelc is directly across Pine Street to the north. 1.3 The property included in this application is located in an area designated as Existing Urban in the Meridian Comprehensive Plan. Property to the south, west and east of this parcel is zoned R-1 in Ada County. The property north across Pine Street is zoned L-O. 1.4 Upon future development,. any existing. irrigation/drainage ditches ~~ RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -ALICE CULVER 911 E. PINE AVE. k ,y.. r .~ Y' existing/proposed driveway on Pine Street. Construct all driveways on Pine'~Street as 24i to 30-foot wide curb return 4 driveways. , Page the driveway' its full required width and at~~least m °~ 30-feet beyond the,edge of pavement ofPine` Street and install ~' . =~ pavement tapers with 15-foot, radii abutting the existing roadway edge. y t "`' ' ~ 1.11 As required by District policy, restrictiols~ on the ,width, number and locations of driveways, shall be placed on future -development of this parcel ~. `'?4R .. ~ ` ~ ~ '~ t'~ 4 . Z:\Work\M\Meridian 15360M\Culver\AZ.Rec °~~~~. ~, ,a,_ °~,, W ~~A • .tee. ~. '~~ ~ ~`'~ 3. .. ~ ., _ ~ s ,.. _. ~:: ~ .g :0 ~. ., + ~r .... ¢ , ~''° v R ~m'~ .;..'~°k ry. ~ x. t <. ... RFC .....-. ' ~,,,b ~ ~`' ..-a++- _ W ,,.,+:.w,«, ~ ~ ~ ~ a... ~..s ?.r ~ v ,.• .. i f,, ~, . ti.. r ~* ~ >,.. 7 ... .... ¢ " 3~'.~ ~ s~ n~ .~ is _ . -d'~~ m. ^' ~ a ti ~" "~. 4J « xx, . -~ • ~ ~a N ,.~ ~ ~... iTM ° ..€ ... . $ .: ~ r .. .,. i.a... ~.s~ ., u.. ... RECOMMENDATION TO CITY. COUNCIL - S ANNEXATION AND ZONING -ALICE CULVER a. i 911 E. PINE AVE. - ~ .. HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live , , o ncil M tuber CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT CHARLES ROUNTREE (208) 887-221 l GLENN BENTLEY MERIDIAN, IDAHO 83642Ji~'41'tr''~~ TL11 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4213'" ~~~~+e1/ANNING AND zONING pA DEPARTMENT KEITH $IRD F~ ~R 1 4 1Qq~ (208) 881-533 Cit3r of Meridian `~i~~ty Ci~rk Office 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: TRANSMITTAL DATE: April 12, 1999 HEARING DATE: APRIL 13. 1999 FILE NUMBER: AZ-99-004 REQUEST: SUPPLEMENTAL INFORMATION-ANNEXATION & ZONING OF APPROXIMATELY ONE ACRE (FOR R-15 ZONE) BY: ALICE CULVER LOCATION OF PROPERTY OR PROJECT: 911 E. PINE STREET 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 NAMPA MERIDIAN IRRIGATION DISTRICT RON 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 INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT IDAHO TRANSPORTATIO EPARTMENT BUILDING DEPARTMENT ADA COUNTY (ANN T ) FIRE DEPARTMENT _ )!POLICE DEPARTMENT YOUR CONCISE REMARKS: CITY ATTORNEY CITY ENGINEER CITY PLANNER ~, • x. k crossing the property to be included in this•project, shall be tiled . per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users- v= . association, with written confirmation of said approval submitted } to the Public Works Department. " 1.5 Any existing domestic wells and/or septic. systems within this r - parcel shall 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. 1.6 ° If the R-15 zone is approved, staff. recommends that` all development proposals be processed under the conditional use permit process. f, , kAdopt the Recommendations of the Ada County Highway. District as follows: 1.7 Applicant'"shall dedicate 35-feet of right-of-way from the centerline of Pine Street 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 w permits), whichever occu"rs 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-ACRD Ordinance #188. 1.8 Utility street cuts in the .new pavement are not allowed unless ' approved in writing by the District. , ,1~.9 Applicant shall construct a 5-foot wide detached concrete sidewalk on Pine Street abutting the site. Locate the=sidewalk within 2-feet of the new right-of-way of Pine Street. Coordinate the location, elevation and grade of the sidewalk with District staff. - ' _ ~ 1.10 Locate all driveways a minimum of 150-feet from the nearest ,~ - - e RECOMMENDATION- TO CITY COUNCIL - 4 ANNEXATION AND ZONING -ALICE CULVER 911 E. •xPINE A'VE. ~' HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live ,, ~ Council Members CITY OF MERIDIAN PUBLIC~WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 K1 ~~~"~~D (208) 887-221 l RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4 3 PLANNING AND ZONING KEITH BIRD MAR 1 0 1999 DEPARTMENT (208) 884-5533 City of Meridian City Clerk Office 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 6 1999 TRANSMITTAL DATE: March 8. 1999 HEARING DATE:_ April 13, 1999 FILE NUMBER: AZ-99-004 REQUEST: ANNEXATION ~ ZONING OF APPROXIMATELY 1 ACRE BY: ALICE CULVER LOCATION OF PROPERTY OR PROJECT: 911 E. PINE STREET TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 PLANN{NG 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(PREUM 8~ FINAL) IDAHO TRANSPORTATIO DEPARTMENT ADA COUNTY (ANNE~TJ~N) YOUR`CONCISE REMARKS: • HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT . o ~n it Mem rs CITY OF MERIDIAN B PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (~08) 887-221 l GLENN BENTLEY MERIDIAN, IDAHO 8364E ~ E' Y E RON ANDERSON Phone (208) 888-4433 • Fax (208) 887 13 NNING AND ZONING KEITH BIRD MAR ~ ~ 1999 DEPARTMENT . (208)884-5533 City of Meridian City Clerk Office 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 6, 1999 TRANSMITTAL DATE: March 8. 1999 HEARING DATE: April 13, 1999 FILE NUMBER: AZ-99-004 REQUEST: ANNEXATION & ZONING OF APPROXIMATELY 1 ACRE BY: ALICE CULVER LOCATION OF PROPERTY OR PROJECT: 911 E. PINE STREET TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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 RECVgMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) ~f YOUR CONCISE REMARKS: `" ~~ r~ ~ . :. {rVl .o ~ i rQi ii.,. J .~//~F C.J ~ (~> /VQ 7~ ~! /~d 2 ~- ~d 14J r NCr ~~u~ HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D: CORRIE A Good Place to Live , ,, , Council Members CITY OF MERIDIAN PUBLICBWORKS CHARLES ROUNTREE 33 EAST IDAHO ~ BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 53642~cE` ' -L' D (2os) ss~ ~~ l l RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813~~ ~ ~ ~~~~ PLANNING AND ZONING KEITH B[RD M DEPARTMENT (208) 884-5533 City of Meridian r Oity Clerk Office 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 6, 1999 TRANSMITTAL DATE: March 8, 1999 HEARING DATE: April 13, 1999 FILE NUMBER: AZ-99-004 REQUEST: ANNEXATION ~ ZONING OF APPROXIMATELY 1 ACRE BY: ALICE CULVER LOCATION OF PROPERTY OR PROJECT: 911 E. PINE STREET TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS:. fl ~-j REcE~D MAR 2 5 1999 City of 1Vleridian City Clerk Office ~~ April 7, 19998 C~ ~--~ Alice Culver 6100 Pierce Park Lane Boise, ID 83707 ~ Re: .Staff Level: Approval MAZ99-004 911 E. Pine Street Annexation and rezone ~ ~ Facts and Findings: ~ , CC3 A. The Ada County Highway District. (ACRD) staff has received the above referenced application requesting annexation to the City of Meridian, and a rezone from R-1 to R-15. The 1.0-acre site is located on the north side of Pine Street approximately S00-feet west of Locust Grove Road. This development is estimated to generate 100 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 the City of Meridian on March 1, 1999, ~~ and submitted to the District on March 10, 1999, have been reviewed by the ACRD Planning ~~ and Development staff and conforms to applicable District standards/policy, or can be made to T~ 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 ACRD 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 C~ provide the following requirements, in addition to any additional requirements that may apply ~,_,~ upon District review of future development, to the City County: ~~,..~ Site Specific Requirements: ~ 1.. Dedicate 35-feet ofright-of--way from the centerline of Pine Street 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 pernlits), 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. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file number) for details. 3 3. Construct a 5-foot wide detached concrete sidewalk on Pine Street abutting the site. Locate the sidewalk within 2-feet of the new right-of-way of Pine Street. Coordinate the location, elevation and grade of the sidewalk with District staff. J--~ ~4. Locate all driveways a minimum of 150-feet from the nearest existing/proposed driveway on ~ Pine Street. Construct all driveways on Pine Street as 24 to 30-foot wide curb return driveways. r~ Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of ~~~ Pine Street and install pavement tapers with 15-foot radii abutting the existing roadway edge. ~ 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 4~Standard Requirements: 1. This decision of the Planning and Development Supervisor may be appealed to the Ada County r-~ Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically iden if~each requirement to be reconsidered and include a written explanation of why such a requirement would result in a ~ 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. L~2. After ACHD Commission action, any request for reconsideration of the Commission's- action C~ 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 vas 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. ~+ 3. Payment ofapplicable road impact>fees are required prior to building construction in accordance C~j with Ordinance #188; also known as Ada County Highway District Road Impact Fee Ordinance. '--~ ~4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 5. 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. L-~ C~ ~i 1 MAZ99004.SLA ~~+ Page 2 6. 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. 7. 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 awaiver/variance of said requirements or other legal relief is granted pursuant to ~~~ the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing ~ and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: r-~l. 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. -~--~ ~--F=~ S incerely, . C~ ~-~ ~~Larry Sale Planning and Development Supervisor ~ cc: Project file Lead agency ~~ C~ .`---i ~~ C+ C~ ~,~ MAZ99004.SLA ~~j Page 3 ~ L, ~ . -_... - - • n _ __ _ --_ --__- Z- - - - - -~----- ~ ---- -- ~ Q '~ ~ ~ L p ~ .. . rc __._.. - .... ~ .=may ~_ - J _ ~ N -J ~ `------~ ~ u1(-1` ,~ ..~ ,~ ~ t' .T T~ I 1 `i. ~ '1' r,~.rtl E. ~~~~? rye: p7~' • U U. V. ~ _ N - O I •~ •~~~~~~~ ~ '~ ~ Y ~ F, CREEK AVE ' •/ t~7 ~~ f7' + r -- --- -' U ~ - ~- ~ - -- _-.--- ~1! CRESTLEY q~ ' ~ c ~ ~ ~ ~,~, r: •= ,/ a _ ~ r N f ~ ~ _ C - ~ _ ~, c ..-~~. __ _- _.. J ~ I~^_ / _ ~ - ~p O ,gU'gr' m .. N _ -~ P~-~ i ~^~ N ~ ~ ? v ~ ~ ~•[~ aRE?L~ a -. _ ` C z ~ \ ~A ~ J G1 :r m / ' ~ ~ ~~ ,~ ~. S ~ ~ ,~ ; ~ ~ t -~ ~ ~"" ~, o J I ~ ~ m y '. acs ~' •. rt I ~ ~ • ~ -- . r m i. a w ~ .~. ~ _ ~ a ~_ 1 ~ O ~ I ~ I ~~ n ,4. n N.: RALSTIN ~ ST: Q - "~ ,., - : f t-t „ ` `~ - is ~~r.:. t; ~ - J_d ~ s. ~N. J -~ i ,~ SUPERINTENDENT Christine H. Donnell March 11, 1999 • rit i•iena~an atreet ~ i-~ena~an, iaano REcE~ED MAR 1 ~ 1999 City of 1Meridian °~ity Clerk Office City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888- 6701. Reference: Alice Culver Annexation & Zoning Elementary School: Meridian Elementary Middle School: Meridian Middle School High School: Meridian High School Comments and/or Recommendations: Meridian Elementary School is over capacity. Meridian Middle School is over capacity and will remain so until the.fifth middle school comes on line in the fall of 2000. Meridian High School is at capacity. , Sincerely, Jim Carberry, .Administrator of Support Programs BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holl}~ Houtburg • David W}~nkoop • Steve Mann CENTRAL C~ •• DISTRICT ~'HEAETH DEPARTMENT ~. DISTRICT HEALTH DE Environmental Health Division Rezone # 1f~N~X.~-~o./ ~~ 20. Conditional Use # Preliminary /Final /Short Plat ~G~ c.c C~1r~.~' .. i''~~ L C~~ NT -Return to: ^ Boise ^ Eagle ^ Garden city ,Meridian ^ Kuna ^ Acz I. We have No Objections to this Proposal. ~Q~ 2 ~ ~~~~ ^ 2. We recommend Denial of this Proposal. C~~ Q~ ~~~~~ ^ 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 ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ~ ^ 2 feet ^ 4 feet ~ ^ 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. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. 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 ^ 15. Date: -3 / ~~ /~ Reviewed By: '~ CDHD ID/91 «b, ~e~. u9s ~ Review Sheet ~ EcE R ~D MAR ` f 6 1999 ORGANIZED 190d ~ ~~1 j OF j~~1Lj~~tii~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 1J March lyyy Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 RE: AZ-99-004 Annexation & Zoning of Approximately 1 Acre for Alice Culver Dear Commissioners: The Nampa & Meridian Irrigation District has no,comment on the above referenced application.: r. } .~ I Sincerely, k Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT` , BH: dln ~`~, `~ cc: File -Shop File -Office * ~~ ' Water Superintendent '~, ~ ~;, ,.. i '''~:. ~, ~ ~'' :_ .~, '°~ , . '--'''' , ~ ~ `yt, J `jN :. ~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 ~"~ BOISE PROJECT RIGHTS - 40,000 MERIDIAN PLANNING AND ZONING MEETING: APRIL 13 1999 APPLICANT: ALICE CULVER ITEM NUMBER: 9 REQUEST: ANNEXATION 84 ZONING OP ONE ACRE F'OR R-15 ZONE AGENCY COMMENTS CITY CLERIC: 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 tRRIGAT(ON: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ` '.; / 1 ~ '~( '1.-:y~: `~ , ~Sr r'oe' :~ REVIEWED REVIEWED REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED 1~ REVIEWED ~~ ~v ~ /~~ V" ~ OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. r ~~ c~C~.. ;- =r NOTICE OF .HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City ofi Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on May 18, 1999, for the purpose of reviewing and considering the application of Alice Culver for annexation and zoning of approximately one acre of land which is located at 911 E. Pine Street. The applicant requests a zone of R-15. A more particular description of the above property is on file in the City Clerk's office at Meridian City HaN, 33 East Idaho Street, and is available for inspection during ,~ ;~ regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26th day of April, 1999. LLIAM G. BERG, JR., CI RK PUBLISH April 28 and May 12, 1999 ~*~~~~~ ~~~tttrFrlt~~f~~~t#r ~"~~ ~~ rf ~~f"r ~o ~. S~ - ~' ~' ~~A/~pf711i tt1~t~lA` ~JLVER PROPERTI~ 911 E. PINE / 3N1 E SECT.. 7 1/2 MILE VICINITY MAP 2000 0 2000 4000 Feet Ada Co. Zoning W ~~ Meridian Parcels 0 Culver Property N S E ** TX CONFIRMA~N REPORT ** DATE TIME TOiFROM 06 04126 10 29 208 888 1097 AS OF APR 26 '~'~ 1030 PAGE.01 CITY OF MERIDIAN MODE MINiSEC PGS CMD#~ STATUS EC--S 00'27" 001 190 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on May 1 B, 1999, for the purpose of reviewing and considering the application of Alice Culver for annexation and zoning of approximately one acre of land which is located at 911 E. Pine Street. The applicant requests a zone of R-15. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and al! interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26~' day of April, 1999. WILLIAM G. BERG, JR., CITY CLERK PUBLISH April 28 and May 12, 1999. ~ - ~° _ ~ HUB OF TREASURE VALLEY - Mayor r A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (20g) gg4-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City-Clerk by: TRANSMITTAL DATE: April 12, 1999 -HEARING DATE: APRIL 13, 1999 FILE NUMBER: AZ-99-004 REQUEST: SUPPLEMENTAL INFORMATION-ANNEXATION & ZONING OF APPROXIMATELY ONE ACRE (FOR R-15 ZONE) BY: ALICE CULVER LOCATION OF PROPERTY OR PROJECT: 911 E. PINE STREET 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 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: qua ve r , _ ~~ ~ ~~~ . ~ Z~ X999 s r~~ ~q~p fCi~a f' ~~ 4Tfi~l~k~~ k. NOTE: THE FOLLOWING LEGAL DESCRIPTION WAS PREPARED ' ~ BY LOVELESS ENGINEERING WITHOUT BENEFIT OF FIELD SURVEY. ~. THE DATA USED TO CREATE THIS LEGAL DESCRIPTION IS FROM AN EXISTING' DEED RECORDED AS INSTRUMENT NO. 98063828, RECORDS OF ADA COUNTY, IDAHO AND THE RECORD OF SURVEY NUMBER 963 AND RECORDED AS~INSTRUMENT NUMBER M 8654177, RECORDS OFfADA COUNTY, IDAHO. LEGAL IS WRITTEN TO INCLUDE ONE-HALF OF THE RIGHT OF WAY OF EAST PINE STREET PER THE R. O . S -A TRACT OF LAND IN LOT 6 OF ONWILER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 8 OF PLATS ~AT PAGE 378, RECORDS OF ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' ,. COMMENCING AT THE CENTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE ALONG THE NORTH 89°00' EAST-(EAST) ALONG THE MTD-SECTION LINE A DISTANCE OF 857.56 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°00' WEST (SOUTH) A DISTANCE OF 313.1 FEET TO A POINT; THENCE NORTH 89°00'` EAST A DISTANCE OF 151.2 FEET TO A POINT; THENCE NORTH 0 0 ° 0 0 ' EAST ( NORTH ) A DISTANCE OF ~ 313. 1 FEET "` TO A POINT;,, ` THENCE SOUTH 89°00' WEST {WEST) A DISTANCE OF 15.1.2 FEET, TO THE POINT'OF BEGINNING. PARCEL CONTAINS 47,341 SQUARE FEET, MORE OR LESS. ~ - ~~ 3 ~~'~~ a w. F •~ __• NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on April 13, 1999, for the purpose of reviewing and considering the application of-Alice Culver for annexation and zoning of approximately one acre of land which is located at 911 E. Pine Street. The applicant requests a zone of R-15. Amore particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 22"d day of March, 1999. WILLIAM G. BERG, J , C CLERK L ~t``~4pJYlt3Ttti///jI PUBLISH March 24 & April 7, 1999. ,~ ,~ K w i~ ~ ~~ ',f1~~~tIIyJN71 itN`1~,~`~``,` l:V1H1(G AMEflIGN BA ~'OD ~°~~ x m ~z.~ ,, °6~m~ OmZ° L r- oZ iDm„~ I. m°v ' 7 N D O7 J ~ n ~ ~ I on 0 pvC m~< E ~m m I~. ~ °m~ '~ ~ ao D " . w 77 v ~ ~ ' t, w rD ~ Z• ' ' S~ m { 7 ~^ I .- - _ , ~, . ' ~ f1 +~ •. ~` ~ t, ~~ / ~ '\: ~.4 ~ .\ it-~,N' ~, . i J " ~ ~ ~ 1 i ~ -~•. A.`. - y ~ ,~ ~ s /_ ~~\ ~ • i % i :r ~! ~ f , ~~ 1 i r` i j ~ i ~: ,--. . f - ~ ~~ i ., i •~ `~rti~'.., t ~..~,-~CS r. ~'~ fT fry: 1~,,,, r' v~"!~ i~ '' ~ - ,- , '' f~ , ~ ~, r ,, ~' ~'', :, ~ ' N ~ ~ ; _ _-~ ;~ • CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 customer s ~ ZOO Order No. Date Name j ~hV1-p CL-1'IO-'1 Address Phone: SOLD BY ASH C.O.D. CHARGE ,~1G3-t ON ACCT. MDSE. RETD. PAID OUT '] ,~ tz Z 58.82 ~ $ ~ 8 2 1 1 I I i I I 1 I I I I I I 1 I i All'.claimsandreturoed goods--MUST'be accompanied;'by this,bill:~ I TAX 0 0 0 917 7 Byceived ~~ S•i a w TOTAL y7?j , $2 GS-202-2 PRINTED IN U.S.A. PXtXTEO WfTX Q SOY I NK .- t~~'tAYtfU~6tU r r.IL'E NO.: P169076 EXHIBIT A r The land referred to in this Commitment is described as follows: A TRACT OF LAND IN LOT 6 OF ONWILER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 8 OF PLATS AT PAGE 378, RECORDS OF ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 6 OF THE ONWILER SUBDIVISION IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH OF RANGE 1 EAST OF BOISE MERIDIAN, IN ADA COUNTY, STATE OF IDAHO, RUNNING THENCE EAST ALONG NORTH LINE OF SAID LOT 6 A DISTANCE OF~1$8 FEET TO A POINT, THE REAL PLACE OF BEGINNING; THENCE RUNNING SOUTH PARALLEL TO WEST LINE OF SAID LOT 6 TO THE SOUTH LINE THEREOF; THENCE EAST ALONG SOUTH LINE OF SAID LOT 6 A DISTANCE OF 151.2 FEET TO A POINT; THENCE NORTH PARALLEL TO THE WEST LINE OF SAID LOT 6 TO A POINT 0{J THE NORTH LINE THEREOF; THENCE WEST ALONG SAID NORTH LINE OF SAID LOT 6 A DISTANCE OF 151.2 FEET TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: A PORTION OF LOT 6, OF THE ONWILER SUBDIVISION, AS RECORDED IN BOOK $ OF PLATS, PAGE 378, RECORDS OF ADA COUNTY, IDAHO, SITUATE IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 7, MARKED BY A FOUND BRASS CAP MONUMENT 9 SMJ PE 777, 1968; THENCE NORTH 89 DEGREES 00'00" EAST 857.56 FEET, ALONG THE EAST/WEST MID-SECTION LINE, TO A POINT; THENCE SOUTH 00 DEGREE 00'00" WEST 313.10 FEET, TO A POINT MARKED BY A, SET 1/2" I.P. AND CAP, P.L.S. 874, THE POINT OF TRUE BEGINNING; THENCE NORTH 89 DEGREES 00'00" EAST 151.20 FEET, TO A POINT MARKED BY A SET 1/2" I.P. AND CAP, P.L.S. 874; THENCE SOUTH 00 DEGREE 00'00" WEST 854,14 FEET, TO A POINT MARKED BY A SET 1/2" I.P. AND CAP, P.L.S. 874; THENCE NORTH 89 DEGREES 00'00" WEST 1.51.20 FEET, TO A POINT MARKED BY A SET 1/2" I.P. AND CAP, P.L.S. 874; THENCE NORTH 00 DEGREE 00'00" EAST 848.86 FEET, TO A POINT MARKED BY A SET 1/2" I.P. AND CAP, P.L.S. 874, THE POINT OF TRUE BEGINNING. AND EXCEPT ANY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY FOR E. PINE STREET. END OF LEGAL DESCRIPTION ~~'.,~J ~ ;~~~. V STATE OF NF;W M X7C0 , County of BERNAT.TT,T,O , s$. On^his ?.~_day of June , in the year of 1998 , before me - _~ GtYKf 5 E r: sonally appeared CHARLOTTE M 1 OW known or identified to me to be the person whose name _ acknowledged to me that she executed the same. ~ </ -~~\ y OFFICIAL SEAL ~~ ~ P\ psi jai James E. Prasek Notary Public: ~--.- ~ ,~. ~.,~~c=~ ~~ 10TARY PLjBL1C ~~;,~~, Residing at• l~?A8 ~~/ ~ r:~r?; ar tvew ~Cp M Co ion Ex fires: ~~1y Cammks~o~i i ,-;;~,~., ^~~ --/t!!/ ` ZQ~1 Z ~ Y P .~ ._ .,. ~.-v.,-..-~ a notary public, per- within instrument, and --~~e~Z • e ,. ~; r A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Ritleman Ave /Boise, Idaho 83704 / (208) 377-2700 ~~ ; ~ ,~ ,~~ ..~,~ F ~) `(`; -~' ., E =fir`.. - :~ '~- .. WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED CHARLOTTE M. LOW, AN UNMARRIED PERSON Grantor ,does hereby grant, bargain, sell and convey unto WALTER A. CULVER AND ALICE ~~{ A, CULVER, HUSBAND AND WIFE the Grantee s ,whose current address is: 6100 PIERCE PARK LANE, BOISE, ID 83703 the following described real property in ADA County, State of Idaho, more pardctalary described as follows, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF ~' ~io~F,~~ Tf rZF :,`i~"~ ~~'~~`di I' ~. t ~,, (' 1,3~ V~~''` ,s ., `'` ~ F; . ~{~ 5.3 _i __ i~ ~~ V,,6Y3,J~~ TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee sand Grantee ht~irs and assigns forever. And the said Grantor ~ dctrs hereby covenant to and with the said Grantee s ,the Grantor i s the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee Sand subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and tha[ Grantor will wariant and defend the same from all lawful claims whatsoever. Dated: ,Tune 26 , 1998 _~ CHARLOTTE M. LOW ' - ----__-- -_-._- --___-__ -. c _ _ .__...._ _ - ,. ~ w... ~ J uL. _. STATE OF _~E~ M XI CO ,County of BERNALILLO , ss. Onlthis ___~day of June , in the year of 1998 ,before me _~__ c nee- 5 _~_________ ____ Ytit~~_"~__ _ , a notary public, per- i sonally appeared CHART OTTF M - T.O.L,L. -- --- ------ known or identified to me to be the person whose name ___ ~~____ ~' _ _subscribed to the within instrument, and acknowledged to me that she executed the same. ~--~'` ~ ~ OFF1ClAL SEAL ~-,- ~ `rte .~ <; \ i j}~~~~; ~~ James E. Prasek Notary Public: _ ~-~-,--~_- __~- --~--._.-_ .__-_ \~\ ,l \r~ ~~~ '~CYI:ARYPUBLIC ( ReSlding at' __f~?~_ ~c~` --1 °~`~'-_ ~ 'L~ ~~~``.) /~-%~~_-._ `/ ~ ~~ L ~~ ~I ~1 ~. Ot= ~fl'1N MEXICO 1 ~ ,. ~_ 2c~C' ;-.,,.-~ My Co mi ion Expires: - -~--~.~<-~--- ~~~~~~~ ~1r i ~ ~ 7 . ~ ~ ~ `y' ~ ~ - ~ ' . 1. r 11 z ... vrf ' ~ I ~i ~l 1 ~ Lr, °O ~ ~ 1 i . cst sJ - + ~' 1, ~. 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