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HomeMy WebLinkAboutWaltman Court AZ+. ~, Mayor ROBERT D. CORRIE o m i1 M m rc CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MERIDIAN, IDAHO 83642 Phone (208) 888-=1433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 15. 1998 HEARING DATE:_January 12, 1999 FILE NUMBER: AZ-98-104 REQUEST: ANNEXATION & ZONING OF 8.51 ACRES BY: JOHN GOADE LOCATION OF PROPERTY OR PROJECT SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE 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 _CITY FILES R,EcE'~D HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDI Ec t s ~s~~2~8> g84-4264 ~~~~~ Q~° '~,~D~.~'~IC WORKS 33 EAST IDAHO pI,AN1~iI,1~TG" e~ ~~-' EPARTMENT (208)887-2211 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: AUG 11 '98 15 54 FR PUBLIC WORKS 20888?129? TO 34405?4 REcE~D DEC151998 CITY OF MERIDIAN City o£ ~'leridian 33 East Idaho Street, Meridian, rD 8~'4~ `Jerk office Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZON Q,z•= q8- loy PRUPUSk~ll NAN1r; t1F SLJ$I~M~ION: GENERAL LOCATION: ~~ ~ ~~ `- "` " TYPE (RESIDENTL4L, INDUSTRIAL, COMMERCIAL): ~l~-pt~ ~~, (~-~-~~(~Q...~ ACRES OF LAND IN PRCIPOSF,17 ANNEXATION: t/- ~~ ~ - PRESENT LAND USE PROPOSEI? LAND US PRESENT ZONING DISTRICT: ~~ PROPOSED ZONIl~IG DISTRICT: ~ ~ (~ APPLICANT: ~~~~ ENGINEER, SURVEYOR, OR ADDRESS: ~D~~ L OWNERS) OF RECORD: ~~ ~ . , .~ DEC 9 4 199 ~~ ~~ ~~~~ ~~~~~~ ~ ~ ~~t~~ ~~y. P.01i03 :~~~---71Z~ ~~~ ADDRESS: ~'~~ -~ - - City of Meridian, We respectfully request annexation into the City of Meridian with L.O. and C.G. zoning. The property, located West of a storage facility and East of residential property will act as a natural transition buffer area. The Troutner Business Park is adjacent to the North and zoned L.O. while many areas South to I-84 are expected to request a similar type zoning in the near future. The general area is designated as a mixed/planned use development area by the City according to the December 1993 Comprehensive Plan map. Additionally, we do agree to post for public hearing notices as required by the city code. We do affirm that we have read and do understand the application for annexation and - zoning of this parcel. J hn D, oade Owner /, Sandra J. Go~ Owner STATE OF IDAHO ss. County of Ada On this ~ day of in the year of 1998, before me ' personally appeared and proved t me on the basis of satisfactory evidence to b he person(s) whose name is subscribed to the within instrument; and acknowledged that ~e executed the same. otary Public ~~~1~~ My commission expires p-i3~o~ ~/~ ___._ ~sa47zsy hOh ; . '." G9RU£R AlbtoaarContprty 80151:IU pYONEER'lC1;TLE COMPANY IONE~H TlTL~ OR Awl t7pUNiY P AE ~cQ ~„ :'n BEST Or WARRANTY DEED YQ9i~0U993 (INPPrIDUAIJ PORi'ALUEAP,CBIVED RUTH HUNTSB, WH4 ACQUIRED TITLE AS RUTH ~OLF, AS liPlt SEPA&ATE ESTATE Graotor ,dose hereby gntpt, aarWia. tied and oonvgt »nt COAbE AND SANDRA J . CpA.t)1r, HusBAND Arm WIP'E~~ • 58551~k ~ t7t>tntoa a + iv64sa +~~ addtra, fa: ~e""0 HLRIDIAN, ID 83642 the followioA deterlbpd ttai property is ADA County, Stateuf Idaho, tmreparticulary described as follows, tP•wit: SE$ ATTAI:HED EXHIBIT "A" WHICH BY THIS 1tBFi:+RENCE 2~ INCORPORATED HELrEIN ANb MADE A PART OF TO NAVE AND Tb tIaLD the acid prcmiaes, wish choir appurtwar-cp unto the said Granter (sand Grantee haxn and asslgna forever. And the acid Grantor daa s hereby covenant w >tnd with the acid Gratdee a ,the Grantor i s mo owner in fee simple of said pre:miset; that said prerolzra are free from all etteumbrsrYPRa, EXCk~pT Ihose to which thin conveyrnoe is e:cptesaly made subyoct and those ~.ic, sufferod or done by the Grantee g and sabjcct to reservations, restrictiort:. Qedicadona. easerr>enu, rlghu of way end aEreen-enu, (if any) of record. and general taxes and aasesatrrrtq, (laclndri in7 jatioo and utWry aasa:,tteftu, (if any) for the entrant year, which ate cot yet due and payable. and that Grantor will wamnt and defend the wnc from a111awfut ctaisrts whatsoever. Dated: July p), 1995 LINTER ... .. .. .. ---- STnTL' U!i ,3DAHn-..._ ., C'punly at,.,rara .--_ _-, ss. ~aNHaalq~h On this ~Q_day of ....Ju1y . _, ~.T~ear of .-, .... heroes nee _ T~()NUJ~I.CNEIL__. `- -~Va~cC-~ sonallY ut~Ixared .R11TkLHUN1Fli.._... $ • lu~owu i,r identified to me ro he the ~ersng ~• '~~ .~-_ .- . a nulgry public. pcr• _ _ .... 4 -- _._... •---° .._... ~ oa~fiatt~ U h s t d h ' ~ k ~ _•. _ - u SCrt x to t t. within inslnurrn~, an, . ac nuwlydgrd tv me that _;;1i~ .cAacutCri i sage. ~ ~ q na ~t,itu,,,~. : lix i •• y .~,a ~, , c: 5 • _ v1 02 .. __. FAe Number. P139099 The land refereed to In this CommRment I~ described as follows: 1891000994 PAAC>:1.1 BEGINNING AT A POINT ON ~ HE M17 SECTION LINE WHICH BEARS SOUTH 89 DEGREES 58' WEST, WEST, 1325.50 FEET FROM THE EAST QUARTER CORNER OF SECTION 13, TOWNSHIP 3 NORTH RANEE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE NORTH 677.65 FEET TO AN EXISTING IRON BAR; THEI`~CE NORTH 181.38 FEET TO AN EXISTING IRON PIN; THENCE SOUTH 79 DEGREES 37' 1IVEST ALONG THE NORTHERLY BANK OF AN IRRIGATION DITCH, 207.38 FEET TO A STEEL PIN; THENCE SOUTH 592.78 FEET TO A STEEL PIN; THENCE SOUTH 30 DEGREES 42' E/1ST, 266.2^ FEET TO THE MID-SECTION UNE; THENCE NORTH 89 DEGREES 58' EAST ALONG SAID LINE, 68.06 FEET TO THE POINT OF BEGINNING. EXCEPTTHE SOUTH 25 FEET THEREOF AR 1 BEGINNING AT A POINT ON THE MID-SECTION UNE WHICH BEARS SOUTH 89 DEGREES 58' WEST, 1393.56 FEET FROM THE EAST QUARTER CORNER OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST' OF THE BOISE MERIGIAN, ADA COUNTY, IDAHO; THENCE NORTH 30 DEGREES 42' WEST, 266.23 FEET ~ 0 A STEEL PIN; THENCE NORTH 592.78 FEET TO A STEEL PIN; THENCE SOUTH 79 DEGREES 37' WEST ALONG THE NORTHERLY BANK OF AN IRRIGATION DITCH, 312.97 FEET TO AN EXISTING IRON PIPE; THENCE NORTH 84 DEGREES 39' WEST ALONG SAID DITCH, 149.92 FEET TO A STEEL PIN; THENCE SOUTH 101.50 FEET TO A STEEL PIN; THENCE WEST 282.00 FEET TO THE EASTERLY BANK OF THE DRAIN DITCH; • THENCE SOUTH 60 DEGREES 10'20' EAST ALONG SAID DITCH, 741.70 FEET TO A POINT; THENCE SOUTH 32 DEGREES 25'10"-EAST ALONG SAID CITCH, 365.78 FEET TO A POINT ON THE MID- SECTIGN UNE; T 'Q_NCE NORTH 89 DEGREES 58' EAST ALONG THE MID-SECTION UNE, 34.50 FEET TO THE POINT 0~ BEGINNING. EXCEPTTHE SOUTH 25 FEET THEREOF. E. !D OF LEGAL DESCRIPTION e ~~ COMMITMENT FOP.'~~.TLE INSURANCE SCHEDULE C .. ~ t DESCRIPTION FOR PROPOSED LO ZONING FOR JOHN GOADS A parcel of land being a portion of the NE '/4 of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East'/a corner of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho; thence, 5.89°58'00"W. 1325.50 feet along the Latitudinal Center Line,of said Section 13; thence, N.00°00'00"E. 25.00 feet to the POINT OF BEGINNING; Thence, 5.89°58'00"W. 102.56 feet to the easterly bank of the Ten Mile Drain; Thence along said bank the following courses and distances: N.32°25' 10"W. 365.78 feet; Thence, N.60°10'20"W. 741.70 feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; Thence leaving said bank, N.90°00'00"E. 282.00 feet to the Southeast corner of Lot 18, Block 3, said Franklin Square Subdivision; Thence, N.00°00'00"E. 101.50 feet to the Southwest corner of Troutner Business Park, records of the Ada County Recorder, Boise, .Idaho; Thence along the south line of said subdivision the following courses and distances: _ S.84°39'00"E. 148.92 feet; Thence, N.79°37'00"E. 520.35 feet to the Southeast corner of said subdivision; Thence leaving said south line, 5.00°00'00"E. 165.00 feet; Thence, 5.90°00'00"W. 154.00 feet; Thence, 5.00°00'00"W. 200.00 feet; Thence, 5.62°05'22"W. 83.11 feet to a point of beginning of curve; Thence along a curve to the right 57.91 feet, said curve having a delta of 55°18'06", a radius of 60.00 feet, tangents of 31.44 feet, and a long chord of 55.69 feet which bears 5.00°15'35"E. to a point of ending of curve; Thence, 5.53°27'04"E. 282.80 feet; Thence, 5.00°00'00"E. 206.03 feet to the POINT OFBEGINNING, said parcel containing 6.91 acres. ~~`E~,6;'~EfR ~~~~o ~o ~~~1STERFO sG~` ~_ 2471 °~ ~- ~J, )Z/d1 0 '9'~~SF ~ F ~p~P~ ,/, HO w DESCRIPTION FOR PROPOSED CG ZONING FOR JOHN GOADS A parcel of land being a portion of the NE '/4 of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East'/4 corner of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho; thence, 5.89°58'00"W. 1325.50 feet along the Latitudinal Center Line of said Section 13; thence, N.00°00'00"W. 231.03 feet to the POINT OF BEGINNING; Thence, N.53°27'04"W. 282.80 feet to a point of beginning of curve; Thence along a curve to the left 57.91 feet, said curve having a delta of 55° 18'06", a radius of 60.00 feet, tangents of 31.44 feet, and a long chord of 55.69 feet which bears N.00°15'35"W. to a point of ending of curve; Thence, N.62°05'22"E. 83.11 feet; Thence, N.00°00'00"E. 200.00 feet; Thence, N.90°00'00"E. 154.00 feet; Tehnce, 5.00°00'00"E. 463.00 feet to the POINT OFBEGINNING, said parcel containing 1.60 acres. ~'"° ~ Foy ~- ~ ~~~1 ~ -s~l2fol ~~~SF U f ~p~~Q- J. HO rr-1 ~ R, u r ~U R-15 R-40 ~~ ~oad- C-G .-:~ ~ti; „ ~~ - ;. 4..'. ,~ ,~~ i~~~a0 ~: ,R ~ ,1, .~, ,. "~ `, a Rje a.:.. ~'4i' '~ iR 1 ~.. ,j: r ~. ~. C-G Rt a~ D~vrce~ > ~o~c~~oa ~~2Zv~caC~,~`~ DEVELOPMENT AGREEMENT - JO DE-~ PAGE 1 ``~~~ q ~ 0,3 ~ 3 0 ~ - f ~ -- ~~ ~ RECORDEO-REDU"c5T 0~ A Q CO RECORD .~. D 1D NA~ARRtDEVELOPMFN ;, EN E ~` D ~ ~ or;;.S~ fCAHO -FE~ ~ C~~~ ~ w ~° ~Q~_, Rp 22 p~ ~2 ~ ~~ - 1999 ~ ~~ ENT AGRE ~1~s3`.Qeem i ~ and entered into- this da of ~~ ®~ y , 1999' ~t~ ~ ZOI~'IT1Gr CITY OF MERIDIAN, a municipal corporation of the State o~-~ua~~~-1lC1CQ1CC1- called "CITY", and JOHN GOADS, hereinafter called "DEVELOPER", whose address is 5855 Beclcy Drive, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in'the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or developer make. a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of General Retail and Service Commercial (C-G) and Limited Office District (L-O), 11-2-408 (B) (11) and 11-2-408 (B) (7) (Municipal Code of the City of Meridian), and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning &. Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning ~ Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT -JOHN. GOADS-'~'' PAGE subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning Sz Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 2°d day of March, 1999, has approved certain Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated 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 WHEREAS, 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 ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this r development agreement, herein been 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 -JOHN GOADE PAGE 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. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance General Retail and Service Commercial C-G and Limited Office District L-O codified at section 11-2-408 (B) (11) and 11-2-408 (B) (7) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBIECT PROPERTY: 4.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 4.1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, develop the subject property commercially for office complexes. 4.1..2 Applicant prepare the legal description for the annexation included in the application with legal description which references the recognized government corners. 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 DEVELOPMENT AGREEMENT -JOHN GOADE PAGE description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 4.1.3 This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Park. It is unclear from the application where the requested L-O and C-G zones are proposed for the property. Applicant shall provide a map delineating the requested zone. 4.1.4. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (C-G) General Retail and Service Commercial and (L-O) Limited Office District Ordinance shall not be finally approved by the City Council until provisions of parts 1, 2 and 4 of this order have been met; and 4.1.5 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: 4.1.5 The legal descriptions submitted with the application annexation don't include 1/z of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit new legals that include the above mentioned areas, and include a map that shows the annexation boundaries with the corresponding bearing and distance calls. 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. 1598. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 4.1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinances 11-9-605.M. The ditches to be piped should be shown on the site plans. 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 Worlcs Department. No DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 4 t. ~. variances have been requested for tiling of any ditches crossing this project. 4.1.3 Any existing domestic wells .and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4.1.4 A development agreement is required as a condition of annexation. 4.1.5 Prior to any development on the property the applicant must submit for approval to the City Public Worlcs Director a plan for the serviceability of the site for sewer and water. The City owns and maintains an 18-inch diameter sanitary service trunk line along the Ten Mile Creek and water and sewer are existing in SW Fifth Avenue. The City currently does not have any water service in Waltman Lane. 4.1.6 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4.1.7 This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access and resultant frontage on public roadways. 4.1.8 Ten Mile Creelc is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation. of this corridor is mandatory. Detailed plans for the pathway area will need to be reviewed as part of any development plans. DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 5 4.1.9 As no plat or development plans are proposed at this time, drafting of a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. 4.l.lOThere is an existing home on the site that vas, at one time, being used as a weddingf banquetlreception hall. In order for this use to continue, all city ordinances need to be met in regard to paved parking areas, occupancy requirements, etc. 4.1.11 Applicant shall extend a water supply system to the proposed site. 4.1.12Applicant shall install a hydrant at the proposed site. 4.1.13 The right-of--way of Ten Mile Drain must be addressed before the land is developed. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, 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. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT -JOHN GOADS PAGE 6 8. R~UIREMENT 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. 9. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein.. 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER'S heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 1 1. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 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 DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 7 ~, 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 dine within such failure may be cured shall 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 Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 13. CERTIFICATE OF OCCUPANCY: That 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; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 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 Law, 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 DEVELOPMENT AGREEMENT -JOHN GOADE PAGE or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c1o City Engineer City of Meridian City 200 E. Carlton, Suite 101 Meridian, ID 83642 DEVELOPER: John Goade 5855 Beclcy Drive Meridian, Idaho 83642 with copy to: City Cleric 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 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 each other person acquiring an interest in the Property. Nothing herein shall in any way prevent DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 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 herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 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. DEVELOPMENT AGREEMENT -JOHN GOADS PAGE 10 ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: ohn Goade CITY OF MERIDIAN Attest: ~t~k~~ttimrt~~i~~~~ ~+`'~ ~ ~ tj~'4 ~~ 3 ~ _ ~ City Clerlc _ $~ ~ BY RESOLUTION NO. 9~ ~r ,~ ,~ is-c • ,~ ., ., ~~ `~ e DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 11 STATE OF IDAHO) :ss COUNTY OF ADA) On this - { day of ~~ i I in the year 1999, before me, ~ L~--- a Notary Public, personally .appeared ~ ,known or identified to me, to be the individ 1 who executed the instrument, and acknowledged to me that he executed the same. ,,,~,,.•u,, ., r° ~ s ~~ ~ (~~) ~pT,~.R r ~~ • S a °~r° ° ~~: s ~~ A U B ~.+5'G ?• r °° .9 ~NiN~~ 1~~" ~+i ° TE 1~ T'+• f1 1 ~~ ota ubliC for Idaho Commission expires: IS ~~"~ STATE OF IDAHO) :ss County of Ada ) On this o2.a- day of in the year 1999, before me, ,~~ . ~ ~,~,~,,, ~ , a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ••~~~ ~. OV6' ' ~r ~~TARr ~ Notary Public for Idaho Commission expires: / ~- 4,2 ~ O * ~.... ~.~'~ '~'' O. ml~ork~d~~~ 15360M\Goade\DEV AGMT.rvpd DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 12 ~,Y ~- EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 13 Exhibit "A" C-G ZONING PARCEL A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T. 3N., R. 1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho; thence, N 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13; thence, N. 00°13'15" E. 230.00 feet along the East 1/16 Line to the POINT OF BEGINNING; Thence, N. 00°00'00" W. 231.03 feet to the POINT OF BEGINNING; Thence, N. 55°08'27" W. 284.18 feet to a point of beginning of curve; Thence along a curve to the left 66.07 feet, said curve having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears N. 03°18'53" E. to a point of ending"of curve; Thence N. 61 °46' 13" E. 83.51 feet; Thence N.00° 13' 15" E. 191.00 feet; Thence, S. 89°46'45" E. 157.00 feet to said East 1/16 Line; Thence, S. 00°13'15" W. 455.00 feet to the POINT OF BEGINNING, said parcel containing 1.62 acres. L-O ZONING PARCEL ~A parcel of land being a portion of the SW 1/4 NE 1/4 of Section 13, T.3N., R.1W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East 1/4 corner of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho; thence N. 89°52'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13, said point being the POINT OF BEGINNING; Thence, N. 89°52'22" W. 14309 feet to the centerline of the Ten Mile Drain; Thence along said centerline the following courses and distances: N. 30°08'45" W. 335.35 feet; Thence, N. 62°02'20" W. 797.87 feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; Thence leaving said centerline, S. 89°54'50" E. 356.86 feet to the Southeast corner of Lot 18, Block 3, said Franklin Square Subdivision; Thence, N. 00°08'42" E. 107.47 feet to the Southwest corner of Troutner Business Parlc, records of the Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: S. 85°41' 16" E. 147.43 feet; Thence, N. 79°54'52" E. 523.46 feet to the Southeast corner of said subdivision and the East 1/16 Line of said Section 13; Thence leaving said south line and along said East 1/16 Line, S. 00°13'15" W. 166.93 feet; Thence, N. 89°46'45" W. 157.00 feet; Thence, S . 00° 13' 15" W. 191.00 feet; Thence, S. 61°46'13" W. 83.51 feet to a point of beginning of curve; Thence along a curve to the right 66.07 feet, said curve having a delta of 63°05'20", a radius of 60.00 feet, tangents of 36.83 feet, and a long chord of 62.78 feet which bears S. 03°18'53" W. to a point of ending of curve; Thence, S. 55°08'27" E. 284.18 feet to said East 1/16 Line; Thence, S. 00°13'15" W. 230.00 feet to the REAL POINT OF BEGINNING, said parcel containing-7.63 acres. Msg/Z:\Worlc\MWleridian 15360M\Goade\ExhibitA EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A~roval ~~~ DEVELOPMENT AGREEMENT -JOHN GOADE PAGE 14 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF JOHN GOADE, SOUTH OF TROUTNER ) BUSINESS PARK, BETWEEN WALTMAN ) LANE & TEN MILE, THE APPLICATION ) FOR ANNEXATION AND ZONING OF 8.51 ) ACRES, MERIDIAN, IDAHO ) 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 February 16, 1999, at the hour of 7:30 o'clock p.m., and a report having been received from Shari Stiles, Planning and Zoning Administrator, and the Applicant, Jim Howard of J.J. Howard Engineering appearing on behalf of John Goade, .having appeared and testified, and no other persons having appeared and testifying in objection to the application, 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 February 16, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 16, 1999, public hearing, and .the applicant, affected property owners, and `' government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 -January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4: The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 8.51 acres in size. The property is located north of Waltman Lane and south of the Troutner Business Park. 6. The applicant and owner of record of the subject property is John Goade, of 5855 Becky Drive, Meridian, Idaho, and has filed a written request for annexation and zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 7. The subject property is presently zoned by Ada County as Rural Transition (RT), and contains a dwelling commonly referred to as the "Waltman House". 8. The Applicant requests the property be zoned (C-G), General Retail and Service Commercial, and (L-O) Limited Office District. 9. The Applicant has requested the annexation and zoning, and the application was not initiated at the request of the City of Meridian. 10. The proposed site of the subject property is south of Troutner Business Park between Waltman Lane and Ten Mile, at the southwest corner of Ustick and Meridian Roads. 11. Storage facilities abut to the east of the subject property. The property to the north of the proposed site is zoned (L-O) Limited Office District. The property to the east of the proposed site is zoned (C-G) General Retail and Service Commercial. 12. The city limits of the City of Meridian are adjacent and abut on the north and east of the subject property. 13. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 14. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 15. 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. 16. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE manner: extend the existing L-O District into the north and south of the subject property and extend the existing C-G District into the east of the subject property. Develop the subject property commercially for office complexes. 17. The applicant's requested zoning of the subject property as (C-G) General Retail and Service Commercial and (L-O) Limited Office is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which E lk~ designates the subject property ash 18. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 18.1 This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Park. It is unclear from the application where the requested L-O and C-G zones are proposed for the property. Applicant shall provide a map delineating the requested zone. 18.2 The legal descriptions submitted with the application annexation don't include '/2 of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit new legals that include the above mentioned areas, and include a map that shows the annexation boundaries with the corresponding bearing and distance ca11s. 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. 1598. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 18.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinances 11-9-605.M. The ditches to be piped should be shown on the site plans. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE Department. No variances have been requested for tiling of any ditches crossing this project. 18.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 18.5 A development agreement is required as a condition of annexation. 18.6 Prior to any development on the property the applicant must submit for approval to the City Public Works Director a plan for the serviceability of the site for sewer and water. The City owns and maintains an 18-inch diameter sanitary service trunk line along the Ten Mile Creek and water and sewer are existing in SW Fifth Avenue. The City currently does not have any water service in Waltman Lane. 18.7 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 18.8 This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access and resultant frontage on public roadways. 18.9 Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation of this corridor is mandatory. Detailed plans for the pathway area will need to be reviewed as part of any development plans. 18.10 As no plat or development plans are proposed at this time, drafting of a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. 18.11 There is an existing home on the site that was, at one time, being used as a wedding/banquet/reception hall. In order for this use to continue, all city FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE ordinances need to be met in regard to paved parking areas, occupancy requirements, etc. 18.12 Applicant shall extend a water supply system to the proposed site. 18.13 Applicant shall install a hydrant at the proposed site. 18.14 The right-of--way of Ten Mile Drain must be addressed before the land is developed. 18.15 Applicant shall enter into a Development Agreement that provides in the event the conditions herein are not met by the developer that the property be subject to de-annexation, with the City of Meridian, which provides the conditions of the development as set forth hereinabove. 19. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 18, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 20. It is found that Findings numbers 18.3, 18.8, 18.9, 18.10 and 18.15 hereinabove set forth are 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 21. It is the policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed; as such the Planning and Zoning Commission recommends that if the City Council deems a development agreement necessary such agreement should be entered into prior to the passage of an annexation and ordinance of zoning designation and prior to issuance of any building permits. 21. The Applicant's requested zoning of the subject real property as (C-G) General Retail and Service Commercial, and (L-O) Limited Office District is consistent with the Meridian Gomprehensive Plan Generalized Land Use Map which designates -the subject property as General Retail and Service Commercial and Limited Office District. 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 (C-G) General Retail and Service Commercial and (L-O) Limited Office 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 (C-G) General Retail and Service Commercial and (L-O) Limited Office District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 25. There are no major or scenic features of major importance that affect the consideration of this application. 26. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE follows: 26.1 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. 26.2 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. 26.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 26.4 The application is consistent with Meridian's self identity. 26.5 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. 26.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26.7 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. 26.8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 27. The property can be physically serviced with City water if the Applicant extends the line. 28. 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. 29. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights- of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and %2 of all other adjacent Public right-of-ways. 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. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property .lies within the area of city impact as provided by Idaho Code Section 50- 222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 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: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban. Service Planning Area policies, which deal with area-specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 AND DECfSION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 Comprehensive Plan Map The proposed future land use delineation's for the impact area are shown on the Comprehensive Plan Map -Generalized Land Uses, . . .The land use element is based upon these objectives: 4. Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) COMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. (Emphasis added.) 5. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning... 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Design Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Quality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 5. The requested zoning of General Retail and Service Commercial (C-G) and Limited Office District (L-O), are defined in the Zoning Ordinance at 11-2-408 B. 11. and 11- 2-408 B. 7. as follows: (C~G1 General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and- permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. (~ Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 6. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional- costs upon current residents to accommodate the subdivision. 7. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 8. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 9. That Section 11-9-605 L states, in part, as follows: Ali irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 10. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND- DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; 5. Amore convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 11. 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). 12. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not~limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 13. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 14. 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. 15. As a condition of annexation and the zoning of (C-G) General Retail and Service Commercial and (L-O) Limited Office District, the Applicant may be required to enter into a development agreement as authorized by Sections 11-2-416 L and 11-2-417 D FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE of the real property, which is the subject of this application, prior to the passage of'an annexation and ordinance of zoning designation; that the Applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition of zoning (C-G) General Retail and Service Commercial and (L-O) Limited Office District, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the City of Meridian. As an alternative to entering into a development agreement Applicant may be required to submit detailed site plans for review by the Planning and Zoning Commission or City Council for approval. 16. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: 16.1 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 - 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 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. Applicant prepare the legal description for the annexation included in the application with legal description which references the recognized government corners. 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. This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Park. It is unclear from the application where the requested L-O and C-G zones are proposed for the property. Applicant shall provide a map delineating the requested zone. 3. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (C-G) General Retail and Service Commercial and (L-O) Limited Office District Ordinance shall not be finally approved by the City Council until provisions of parts 1, 2 and 4 of this order have been met; and 4. 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: 4.1 The legal descriptions submitted with the application annexation don't include '/2 of the adjacent Ten Mile Creek nor Waltman Lane. Applicant shall submit new legals that include the above mentioned areas, and include a map that shows the annexation boundaries with the corresponding bearing and distance calls. 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. 1598. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. 4.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinances 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 4.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. 4.4 A development agreement is required as a condition of annexation. 4.5 Prior to any development on the property the applicant must submit for approval to the City Public Works Director a plan for the serviceability of the site for sewer and water. The City owns and maintains an 18-inch diameter sanitary service trunk line along the Ten Mile Creek and water and sewer are existing in SW Fifth Avenue. The City currently does not have any water service in Waltman Lane. 4.6 Assessment fees for water and sewer service are determined. during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4.7 This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access and resultant frontage on public roadways. 4.8 Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation of this corridor is mandatory. Detailed plans for the pathway area will need to be reviewed as part of any development plans. 4.9 As no plat or development plans are proposed at this time, drafting of a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. 4.10 There is an existing home on the site that was, atone time, being used as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE wedding/banquet/reception hall. In order for this use to continue, all city ordinances need to be met in regard to paved parking areas, occupancy requirements, etc. 4.11 Applicant shall extend a water supply system to the proposed site. 4.12- Applicant shall install a hydrant at the proposed site. 4.13 The right-of-way of Ten Mile Drain must be addressed before the land is developed. 4.14 Applicant shall enter into a Development Agreement that provides in the event the conditions herein are not met by the developer that the property be subject to de-annexation, with the City of Meridian, which provides the conditions of the development as set forth hereinabove. It is therefore concluded that the annexing and zoning of the property is in the best interest of-the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of this Decision and Order. FINDINGS OF FACT AND CONCLUS-IONS OF LAW - 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning 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 February 16, 1999. ROLL CALL COUNCILMAN ANDERSON VOTED ~' COUNCILMAN BENTLEY VOTED ~' COUNCILMAN BIRD VOTED ~6-cttit~E, COUNCILMAN ^ "~^~°c^"' VOTED ~1 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~~~ - 99 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21 CEI~E,D AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE BAR - 2 1899 ~ OAF 1#~~ MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. B ~ '~'~'~'~~~ Dated City Clerk msg\D:\MyFiles\Meridian City File\GOADE AZ\AZ FFCL.wpd ~-~-~9 FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION & ZONING /JOHN GOADE 05/01/00 17:27 ~~~~~~i c~,~~ ~~~,~~ 'b`512 328 4584 DMA MM f~ 002/002 ., S~ ~t SW, s"-' SiRe.~ ~ ~~-~koR M~4,au, ~Y~o ~P r y 3 r ro ~1 ~, z .~Etda ~ou~tc~ ~icyhcvu~,t aC.Ji3triv~~ ~. Sherry R. Huber, President 318 East 37th Street "' Judy Peavey-Derr, Vice President Garden City, Idaho 83714--6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus anachd.ada.id.us January 29, 1999 ` TO: John Goad: 5855 Becky Drive Meridian, ID 83642 ~~,„,. ~'~ '" ~ , ~ y. FROM:' Steve Arnold, Senior Analyst ~~ , '~ ^ Planning & Development Division {~ SUBJECT: MAZ98-104 Annexation and zoning Waltman Lane & Ten Mile Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 27, 1999. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. SA cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian ~«'~ .rtr r ~~~? a a. ADA COUNTY HIGHWAY DISTRICT, Planning and Development Division ` `Development Application Report MAZ98-104 Waltman Ln. w/o,Meridian Rd Annexation and rezone The applicant is requesting annexation and rezone approval from RT to C-G and L-O. The 9.54- acre site is`located on the north side of Waltman Lane, approximately 1/4 mile west of Meridian Road. This development is estimated to generate between 1,000 and 3,000 additional vehicle trips per day, depending upon the use, based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: 5th Street Waltman Lane z E ACHD Commission Date -January 27, 1999 - 7:00 p.m. 4 __ ~_....,.~....,.. _ - ..~.~.~..._.A..~._.. ~> 9 :~ i+ ~'\, } ~^ R: l 1 ! F ~ f i@(f t i $ I ~ ~ .a ~ ~ ~~ IMF " k. j ~ t ~ ~ / ~ ~~ f ~ ~ ~ ~~ A f 4 ~ ._ `„']/ Y^~-r "mar 'y I' +...•++.»w-.-o a~ i f a~ i ' ~ ~ ~ a ~ ~~ ~ jl ~.. ~ - t{ ask I E Ir ~ i ~~ •~ [ . ?' .. ~[ k ~ ~ ~ ~~3 ~I._.. '~ ~ ~ ~``°~ "~ ~ g ~~. i _ „~ `. ~ . / ; ~ ._.J ' 1 ..mot- ... ~ I M...nA. ~~~° ! ~ I ( ,. ' f ~ a ' F /'~ ~ ~ ~ . ,rw 1 / I r..<~ I ~/ fit. ~ `w~:~~`.1 ! ~ !~ I .. 1¢ --- k /~ [ ~ ~ y +~•`r~"""a~°4, ~ ~ i ~ 4 ~ ,~;~. I _, _, _ ~ c. t T, ) , ; . ~ o j~ ` s ~,,, ~ R~~'~I. ~ Ali ~' ` jet ~~'. /:! ~ 1• ~. P ~_ _:. C ~}f'.. ~''44MV+Y'--••[•It a~".I--.r ~ I ~ P IM"'t`4_ ~ ~'I _ L ~ --- I ~ a w^ ~ t .. 4 R t .wa .,.~,~~ _ ~ ~ a ~ ._ PP _.i~ S~~-WAIL--~- 1~_~. _~- # kt~ _ .,..~.J P f° 4° std It, 1. IR ~~~ P_ I2~-~{ '"~ _ •----~ ~ ~ ~ 'a7r ~.~ 1..""" a...`....'~.. - 4 ~; ~ ~,.. R _ v.3wvn ~, t ..9 x. a .,,. •GpV [ 'bit ~ ~,~'~ _.....ra.~_.`- ~~-- L°- .~. ! ~--„ 'k~ _ ~ _ ,.s~ .ate ~k,».'"` ~~' •• FF ~.~ r~# 1 :R~ t ~[ nanos. r_Y __S 'IC i a~--/}~ ff ~ _ - a~ :" ; ~ i{ f `.I ~~ I .~ .! ~, ~I~4~-. n` A ~ ( ~ 1 E: # ~ I 1t I ~ .' .. ~ . f ~ ` '_ ~- f I ~t ~. R ! ` 14r ~-, / 1 ' 1 11 II ~ t ` 1 1 7 . ~ y .,. i,~l,d t ~ l ~:. ~.~~;'~~f'~.~~j~~~.~~,..~~1 I~~~rl~ ~. ~1_~~ , ~, ~z•,,: ~~[° ~1=<:i' i«- ~t ~AV.M~~/1{f. aj, \ ,. . P1~ ~~ ~t ,s. ~ ;~ Iii } ~ ,~ c`~' '/,\ `~~//~ ~.... .7~ ~~ I.~ ~ ~` ~~? 9l `~•• . Facts and Findings:. A. General Information Owner -John Goade Engineer - J.J. Howard RT -Existing zoning CG,& LO -Requested zoning ` 9.54 -Acres n/a -Square feet of existing building 280 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Southwest Sth Street Local/commercial street with no pathway designation No traffic count available 58-feet of frontage 58-feet existing right-of--way (29-feet from centerline) • 58-feet ofright-of--way required for its extension 5th Street is improved with a 41-foot street section with curb,.gutter and sidewalk. Waltman Lane Local street with no bike pathway designation No traffic count available 161-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 58-feet required right-of--way (29-feet from centerline) Waltman Lane is improved with 24-feet of pavement with no curb, gutter or sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District., Contact Constntction Services at 387-6280 (with file numbers) for details. C. A traffic study may be required upon submittal of a specific development application. Additional roadway and traffic control devices may be needed. D. The applicant should be required to construct all public roads within the subdivision as 41-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 58-feet of right-of- way. E. , In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. MAZ98104.CMM Page 2 JAN-12-99 TUE 8:05 J J HOWARD ENGINEERS 2083440574 ~} ~;= i J. J. HOWARD ENGINE~~R~NGHI&R URVEYING BOISE IDAHO 83702 (20~) 3aa-05~a P. 01 1 :: ~:::: ~::al W i l 11111 l I Illillj i,l ' ..-,.• :•~ ---• _ l ~' -.:,;_ ••~~ ~ . • i::::::[s::::~G1111 111.711 (..,..,Il 1,:.1 IiL- i .::: : Mf ~=!~, _ li:i{~; i 1•-::~: 11(1~1!Illlll. -~ {u,!,;;~ i!li~ijl i ::l Giiiiu( ir• ~{:!. :9hFL( uil;:•i . '~iriijlil9i~'ili::. fi _a;,;(uitltul. I »itl. Usiil~F :yu ~i ._ II lllll:;u~ - { ;ii I l ~=! I 11111111(1 I::.IIL' ~I11 i~III:I:I! r BlillFu .Fj?!j. uiw~1GI rS111"II~IIGnr=i=1 .. .. !!~~u,~F;un16i°•' _ IF111:1)1: .:L'.'~11_. ...., k. ~1,...... .N' L:;...., l6iu:agl {~~~~ii~I .:.. - dllljlpiiul' aT,!!U~ 1pL lul J1U.1 i , D'Time ~ ~ ~ stn _~_. _-_.--- Al~ Fhori # Ste- l T A ~P ~~nct Before F # X87- I Z~17 No. of Pages ~ , d Call. Me D F.Y.I. ^ For Your Approval C7 YJ'rgent By Your Request ^-Per Our Conversation D Dial You Know? D A Note ^ Comments Requested ~:i.;~: IG(lil °1111! 1lii{Ill ..1':i N::li1:S9:S;1 `ai'i•i. d;~==iiii'lii~ .ad1F'r::rrrii:il ~I~ i , f:::~ rL1:L:::..e ::::::::I l l~ ! , !II`!lu : !liilijii ~c:_: jGliy! :.:.: . ijiirii~:• is .allb. ~ Y;.+ iitiiiilii lall:Uf li:l .::• •,Il.. •{ 9111~I1A1)lall'~ ~::::ice Il,iUl~ vlll~ .. 11!1101 n~a;;; `oilili NAIL 4;:4:~I1.:1 :. •.'llllll~I__a ..: ~~ois=:,._. -,-` 'i;Uiui. ~.Jl~'• l,t, i::~:::: F: i::: =:ii:..p::gclPU11YN+111!Illuh l i .J4~ ~~ .. - c nYalll Ilgll• ~• ;;;~: ,• `(• l l(I! -1 €: 1 1 Li.l 4y ° ~~~ . 1 , ~1 ~l'' '~I•~II~- : ti I~ ..~ _. u-1!i,o1; ! ~- ,g!~(1111I1iI~; ,i; llll;llii 11~:+!Rar T::::::: ~iS•: :` )Llll ~- s1 : 1 . e:r. ~-'r~lil UIIIIY I':uJlllf'""_ Illlltllllll Galt. IIIII~i1Cq NI:.:: lll :l':«IIIIIdIl~vlll Itl:::t:.:.'.:.4:: ~: n JAN 12 '99 08 31 2083440574 PAGE. 01 _\ ,~ ~ i f ~-' ~ ~ ~ ~~ ~ , ~ .~ H ~~ a. ~ w ~ ~ ~ ~ -- ~ ~ .~ ~ N .. W ~ ~ -~ ~ ~ r ~ ~ ~~ c ~ ~ ,. U O ,9 ~, ~ ~ ~ ~ ~ ~ ~ ~ .~ ~~ ~~ a ~ ~ ~~ .~ ~ ~ ~ ~ .~ > ~? ~'o rx A ~ a cv .-~ cS M ~ JAN-12-99 TUE 8:05 J J HOWARD ENGINEERS 2083440574 P.02 r,'~ ~~ ,00'S9l ~ i i i g, I f I I ~ ~ 1 ~ ~ ~ f ~` ----5 i I I B-0 ~~ 'i ,to -es 3,oa.oo.oos - - .m~es- - - i0~902- ~ Ao~- .wo.oo.o~, oa,/ ~ ~ a~ ~ ~b>g i ~~~~ ~ I / ~_~ \ ~ ~~ L-------f/ ~ ~LyS 30M )A• xtv •s / t t 1 ~I 1 ~ 1 ~ ~ ~~ 1 \ °,` ~ z~ 1~ ,1 ~ ~ ~ ~ ~ 6 r ~ ~ ~ ~ i \ \ o V cd \ \ ~ ~ ! ~ u~ \ ~ \ ~ Q ~ ~ gl f~ ~ ~\ \ /~ / \ \ .~' Z ~ N / \\ \\ / , ( / 3,00,0O.OON \ ~ \ ~ ` V ~ \ I ~ I \ ~ ~ ~ / \\ \\ I 8 ~` ~ \ \ J ~ ~ ~~ tib ~ ~' iT \ ~ ~ ~ I !v /~ ~, ~ \ e 81 ~ ~~ ~ ~i ~~ / ~ _ _ _ -` ~~ I~ ~~ II~ lw 1 ~? Ip 1~ IN I~ .~ 2~ r~ ~ ~~ m ~- ~. S~~F ~x~~ ~~ ~ s ~ ~' C ~ ~~~~ ~~~~ •i A ~ ~~ sa a~ ~ ~I~I~ ;~~~~ g~ 9 J $ JRN 12 '99 08 32 2083440574 PAGE.02 r. MERIDIAN PLANNING AND ZONING MEETING:. JANUARY 12. 1999 APPLICANT: JOHN GOADE ITEM NUMBER: 9 REQUEST: ANNEXA710N 8~ ZONING OF 8.51 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Facts and Findings: A. General Information Owner -John Goade Engineer - J.J. Howard RT -Existing zoning CG & LO -Requested zoning 9.54 -Acres n/a- -Square feet of existing building 280 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Southwest SthStreet Local/commercial street with no pathway designation No traffic count available x 58-feet of frontage 58-feet existing right-of--way (29-feet from centerline) . 58-feet ofright-of--way required for its extension 5th Street is improved with a 41-foot street section with curb, gutter and sidewalk. Waltman Lane .Local street with no bike pathway designation No traffic count available '- 161-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 58-feet required right-of--way (29-feet from centerline) Waltman Lane is improved with 24-feet of pavement with no curb, gutter or sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in - writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. C. A traffic study may be required upon submittal of a specific development application. Additional roadway and traffic control devices maybe needed. D. The applicant should be required to construct all public roads within the subdivision as 41-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 58-feet of right-of- way. , E. In accordance with District policy, stub streets to the undeveloped, parcels abutting this site may be required upon review of a future application for this site. MAZ98104.CMN1 Page 2 ,~~ s ~:" ,..~, F. As required by District policy, restrictions on the width, number and locations of driveways, maybe placed on future development of this parcel. G. Staff has spent a considerable amount of time examining the need and opportunity for improved roadway access west of Meridian Road between Franklin Road and Waltman Lane. Waltman Lane does not provide sufficient capacity, primarily because, of the geometry of its intersection,with Meridian Road. There are approximately 100 acres of land south of Franklin ` Road, north of Interstate 84, west of.Meridian Road and east of the midsection line that are ripe for development. The only existing roadway system within this area is Waltman Lane, a substandard commercial street with poor access to Meridian Road and the Central Drive intersection. This area has the potential- for up to a million square feet of commercial/office space and to generate between 10,000 and 20,000 vehicle.trips per day. The existing roadway system is not adequate to accommodate this volume of traffic. District staff has. previously worked with the land owners in the area to develop a future ` roadway system to serve the area. This culminated in the approval~in~1997 by the ACHD Commission of a general alignment of a collector roadway as an extension of Corporate Drive, as shown on the attached map. This plan would extend Corporate Drive west of Meridian Road, looping south through the subject application to access and potentially cross Waltman Lane. Various stub streets could serve the adjacent parcels and connect to the developing residential area to the west. Connections to the arterial roadway system are provided via Meridian Road/East First Street and Franklin Road. It is the District's- intention that the new roadway system be constructed as part of the adjacent development. H. As detenniried by the Commission in 1997, the property owners adjacent to the extension of Corporate Drive would construct it as a 47-foot collector street section (allows three vehicular lanes and two bike lanes). The District would reimburse the difference between the collector standard and a local street standard. 1: ~ The following are the cost assignments: a. The owners will be responsible for the costs of constructing a 41-foot wide urban street section with consideration for surface run-off and,5-foot sidewalks on both sides of the street. The District will be responsible for the cost of _ constructing the balance of a 47-foot collector roadway (an additional 6-feet of pavement) and additional drainage facilities. b. The owners will dedicate a corridor width of 60-feet at the time of development. The District will reimburse them at market value~for 10-feet of the right-of--way. The District will reimburse the `developers for the costs estimated above ~ impact fees are collected from the area served b~C~orate Drive extension. MAZ98104.CMM Page 3 Although this exact alignment is not necessary, some similar roadway system is needed to accommodate the anticipated traffic volumes from the area. The existing transportation system will not be adequate to accommodate the additional traffic generated by this proposed development. Additional roadway improvements and traffic}signal control•will be needed to accommodate the anticipated future traffic volumes. The individual applicants will be responsible for the majority of these costs. ` I. ACHD's Engineering Division Staff has indicated the need for a drainage facility to accommodate the additional storm drain run-off that would occur from- the extension of `Corporate Drive. The drainage facility will need to be located north of the Ten Mile Drain on this site and will require approximately 1.5-acres. The District requests the applicant to grant the District approximately 1.5-acres for the drainage facility. The Distr'ict's Engineering staff will contact the applicant to coordinate the location of the drainage facility. If the rezone is approved and the District receives a development proposal, the District intends to provide the following`requirements, insaddition to any additional requirements that may apply upon District review of future development, to the City of Meridian: . Special Request of the applicant: ` 1. The District requests the applicant grant the District~approximately 1.5-acres for a drainage facility. The District's Engineering staff will contact the applicant to coordinate the location of the drainage facility. Site .Specific Requirements: t 1. Dedicate 29-feet ofright-of--way. from the centerline of Waltman Lane 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 nQt beocompensated fo"r this additional right-of--way because Waltman Lane is a local street and is to be brought to adopted standards by the developers of abutting properties. 2. Dedicate and constrict Corporate Drive as a 47-foot collector street section (allows three vehicular lanes and two -bike lanes). ' • r The owners will be responsible for the costs of constricting a 41-foot wide urban street section with consideration for surface nln-off and 5-foot sidewalks on both sides of the street. The District will reimburse the applicant for the cost of construcfing the balance of a 47-foot collector roadway (an additional 6-feet of pavement) and additional. drainage facilities. • The.owners will dedicate a corridor width of 60-feet at the time of development. The District will reimburse them at market value for 10-feet of the right-of--way. • The District will reimburse the developers for the costs estimated above ~ impact fees are collected from the area served by C'omora P T~r;~P PXtPr,~;n,,. MAZ98104.CMM Page 4 -JAN-12-99 TUE 8:05 J J HOWARD ENGINEERS 2083440574 P. 01 i {{ w. Y WY ~ ~~ I i J. J. HOWARD ENGINEI;~R~NGH&R URVEYING BOISE IDAHO 83702 (20~) 344-0574 Illllll 1~;~;~{~~~ ::~:[~i :-'iti~ .. :::-Gis"s~; ~ "Yiia[ I l(~'.IIU;i _.:....... =,i l(I.........._°;::it:SU 11 fIni,,as I1{lily Iif::yS,i liiii~f'{ ~4 `i 11 it 'n.i. :11ti!!G (1~ii::C UI `:•.. iallfi `1: •, ,.,. cillllll!195~ i(1 ~• _.a..JU(iau,, ~° 1 flcili!~k lllii;:~` . u lilt t.1..9, Inc:' ,. 'liC::::r... ':.: 4. IIIUiI~~~ ~::":I~II~I __.,c:•l "a:r ; I1,~...... Il.i ~ i.:~.!F. a r ItIIiuC' ° '~.ii .-•l < : ~ "(i~li~i ~u, Qlilllu u r •wd4 ~up ,. r:._u`-'- ! k iilll!iif :c~u.' -•... 91'!Jllp, `41. .. L....a11' R~itlll~ Ir~lil~tiiul l~,lUL,at' Illlli uu•' ' •i:.~:. I ... lluauu i , ~ ~ ,~,: . - ..... ._ . .. . DTime ~ ~ ~a .._~. -.---- Aht . Phon # , Sub_ ~ T A ~P ~;nd Befare F # $~7-1 z97 No. of Pages Z ~~~ I d CaU. Me {~ F.Y.I. ^ For Your Approval CU YJrgent By Your Request ^ Per Out Conversation ~ Dial You Know? ~ A Note ^ Comments Requested n:;:i4 "L u rd''0-"i:il~lkSl ~ x ~:C ~(il iii : c ,^ ... ~ ci ' . . , -p 11i: I~ IIIIFI! sS[T IGliGI ; laj~:EitE:E•,•:E= =~:::?°I _ !liiiiiii ~ul!N! • '~iiiii~c - !llliiili Ilil(ll ~ 'Ulilll _ :-r SI' ~~iiiifi, I;jli~pr .enp, I(iltiY uY?~ lliiiilpuyl"' n „ .. ICeliii ~,,,ri"scs~:ia.:, :..'uniil;.::a °i~fi~i!iiG:i::i::a :::,::,c,uuu~iSUIUUS ~i::: ~.;:a~_: _ ~ lI ::::..__.._ ~ ~ .wF __ •._: .. ,::::t~::.rn~l .,u., .~;;,: :r:.:;: _ ~u.. .. . inii :llllll~, Illl~l!lii ~Ir;'i{ill 1 ::Ya. U~~'`,, Illfh:{!4r. (Gifu .,ire Le ,~G' •~~~`~~=~ ` ~I l a, ~'+Ilt~iilUl, fr:- i ~{ _ g; UilpitiiiLli'I1 • i.~~ I((Uh 4 ~ ,u~i {ua. (~lutal '~ ~~'rSF'y:: ~F • da.`1r~ Brie ~r? . 6 lil:up i i d :.:r :k, dIIR - n 7 ~- l ,r` .. .._ ll I . u l lllh.. ul,llu, G:::a:::.:: -- _. _ . i ~. Y ' IIIIiilU.,6;lk IIIILUCtNNG;p .nu ,.. UI ali A.....I_._. :111 .>:::~:::%=::::: JRN 12 '99 08 31 2083440574 PAGE. 01 APPLICATION COMMENT SHEET Reviewed by: ~~~~ Date: j~/~/~ Applicant: ~`Rt,,,. ~ on Project: $.St Ac. An~nex_ Comments: 0.5 ~.M~~ ~ Q~+~erA V~ ~+~ °`PPt`~~ ~e~ei' -- q p~,~ M 3. l ~Dr~`r' ' ti toca'~ ~~ ~~ °~,~C~S'h~ ~Jc~`~c3~f~ 4~Y~o. . 4 ~~ -. -. I I 5. 6. JAN-12-99 TUE 8:05 J J HOWARD ENGINEERS 2053440574 P.02 r,S ~~ ~r ti ,1 ~ A! '-f t I I ~ f I d I I ~ I ~ s-a $ - I ~~ s . I I = I ~ ,EO~IEB _ _ _ 3.OOAO.OOS .00'591 I I - _ - AO"C9- - _ .£0'902 ~ / i I Ala I . ~°i ti~ ~ ~ ~ I $1~ I ~ 9 q,~ f ~ I ~ ' ~-_i___ _ ~ a ~ ~ ~~j~ it ~ I - ~+Jj Fr ~ ~, ~c,~6 EE 1 ~ '~ i 3 A N 3 ~• F l Q 1 9 i ~/ 1 t ~ W 1 1 / ~I 1 1 ~{ 1 1 si 1 \~ ~ ~ ~a q i ~ ~ S ~ ~ tx ` O `~ \~ /Y Q 1 ul \~ `~ ~ ~ !~ ~ \ ~ ~ ~ ~\ ~t / .DS~101 ~ ~ 3.00,0O.OON ~ p' ~ \ V ~ \ \ I ~ ~~ I \\ \\ 8~ ~~ ~ ~ iti6 ~~ ~~ ~~ ETC ~~ \~~ ~1 ~ ~ gl \~ ~ ~ ~~ ~ tc ~_ 1 I~~ I~ i~ )IN I ~ i 21 r~ ~+ I~ r ~q~Y k~G $w~G ~x~~ ~~ 4 pp S~ S ~g~, ~~~ga~ S < a ~ ~ ~ p a~ > >< j r Il ri{ ~ ~ ~ F s$ 9 JRN 12 '99 0B~32 2083440574 PRGE.02 r ,_ ;~. MERIDIAN PLANNING AND ZONING MEETING: JANUARY 12, 1999 APPLICANT: JOHN GOADE ITEM NUMBER: 9 REQUEST: ANNEXATION 8~ ZONING OF 8.51 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY. PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. y F R. .. i 3. In accordance with~District policy, stub streets to the undeveloped parcels abutting this site will be required upon review of a future application for this site. 4.. Construct curb, gutter and five foot concrete sidewalk on Waltman Lane abutting the parcel. Improvements to Waltman Lane shall be constructed to one half of a 41-foot street section. Coordinate the improvements to WaltmamLane with District staff. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. ,. Standard Requirements: A request for modification, variance or waiver of any requirement'or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall snecificall~ id n ify each requirement to be reconsidered and include a written ex lava ion of ~x~hy shch a requirement would result in a substantial hardshi op r inequity. The written ~,P~+ shall he submitted to the District no later than 9.00 a in on the day scheduled for A ,HD .ommission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the.Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $110.00. T.he req~,iest for reconsideration shall data that was not available to the Commission at the time of its 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 of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 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. MAZ98104.CMM Page 5 ... .. 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. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed. by the applicantor 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_ofany change from the Ada County Highway District.• 8. 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 ofsaid-requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought., . , F Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should•you have any questions or comments, please contact,the Planning and Development Division at 387-6170. Submitted by• Steve Arnold ~. f, • ~• ;_ ;. L E f e f MAZ98104.CMM Page 6 r- `, l,.. ;~,. MERIDIAN PLANNING AND ZONING MEETING: JANUARY 12, 1999 APPLICANT: JOHN GOADE ITEM NUMBER: 9 REQUEST: ANNEXATION 8 ZONING OF 8.51 ACRES .AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the. City of Meridian. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council M .m rc CITY OF MERIDIAN (208)884-4264 CHARLES ROUNTREE 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (2os> 887-'`'` I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT REc~+ T't]-j1~ (208) 884-5533 MEMORANDUM: JAN 0 7 1999 January 7, 1999 City of Meridian t'.it~ Clerk ®ffice To: Planning & Zoning Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engine Shari Stiles, P&Z Administrator Re: Request for Annexation and Zoning to L-O and C-G of 8.51 Acres by John Goade 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: GENERAL COMMENTS: 1. This application is for a parcel of land north of Waltman Lane and south of the Troutner Business Park. It is unclear from the application where the requested L-O and C-G zones are proposed for the property. Applicant shall provide a map delineating the requested zones. 2. The legal descriptions submitted with the application for annexation don't include '/2 of the adjacent Ten Mile Creek nor Waltman Lane. Please submit new legals that include the above mentioned areas, and include a map that shows the annexation boundaries with the corresponding bearing and distance calls. 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 existing city limit boundary. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 4. A development agreement is required as a condition of annexation. JohnGoade.AZ P&Z Commission/Mayor & Council January 7, 1999 Page 2 SITE SPECIFIC COMMENTS: Without a plan for the development, it is hard to determine the sanitary sewer and water serviceability of the site. The City owns and maintains an 18-inch diameter sanitary sewer trunk line along the Ten Mile Creek. Water and sewer are existing in SW Fifth Avenue. We currently don't have any water service in Waltman Lane. 2. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help-reimburse the parties responsible for installing the water and sewer mains to their current points. 3. This property will be bisected by the proposed extension of E. Corporate Drive through the property. The public roadway will likely be extended through to W. Greenhead Street in the Landing Subdivision. Future development in this area will need to have proper access and resultant frontage on public roadways. 4. Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. Preservation of this corridor is mandatory. Detailed plans for the pathway azea will need to be reviewed as part of any development plans. 5. As no plat or development plans are proposed at this time, drafting of a development F agreement will be difficult. For this reason, all uses within the proposed annexation should be developed under the conditional use permit process. 6. There is an existing home on the site that was, at one time, being used as a wedding/banquet/receptionhall. In order for this use to continue, all city ordinances need to be met in regazd to paved parking azeas, occupancy requirements, etc. JohnGoade.AZ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council 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 ZEGAL DEPARTMENT ('?08) 381-J'6a PUBLIC WORKS BUILDING DEPARTMENT ('_'08) 887-''211 PLANNING AND ZONING DEPARTMENT (208)88a-j>33 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: January 5, 1999 TRANSMITTAL DATE: December 15, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: AZ-98-104 REQUEST: ANNEXATION & ZONING OF 8.51 ACRES BY: JOHN GOADE LOCATION OF PROPERTY OR PROJECT SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE 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 C ITY ATTOR N EY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORT I DEPARTMENT ADA COUNTY (A N) YOUR CONCISE REMARKS: CITY FILES yY. Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Mem rc CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY ~j~ /-v j~j~ MERIDIAN, IDAHO 83642 ECE c~os> 8x~-~~ 1 I , RON ANDERSON R - -VUP one (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD Z .j ~ s~~~ DEPARTMENT czos> ssa-~,~3 CITY OF iYIERIDIAN 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: January 5, 1999 TRANSMITTAL DATE: December 15, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: AZ-98-104 REQUEST: ANNEXATION ~ ZONING OF 8.51 ACRES BY: JOHN GOADE LOCATION OF PROPERTY OR PROJECT SOUTH OF TROUTNER BUSINESS PARK, BETWEEN WALTMAN LANE & TEN MILE _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z 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: (~ ' ~ U ` ~ U 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 ~F'IRE DEPARTMENT _POLICE DEPARTMENT C ITY ATTORN EY _CITY ENGINEER _CITY PLANNER CITY FILES L' O_:,: Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Co~nc;l M m R CITY OF MERIDI (~°g'g$a-~'"~' CHARLES ROUNTREE A N PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (2os) 8s7-22I t RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD PLANNING AND ZONING DEPARTMENT (208) 881-5533 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:_ Januarv 5 1999 TRANSMITTAL DATE: December 15. 1998 HEARING DATE: January 12, 1999 FILE NUMBER: AZ-98-104 REQUEST: ANNEXATION ~ ZONING OF 8.51 ACRES _ BY: JOHN GOADE LOCATION OF PROPERTY OR PROJECT SOUTH OF TROUTNER BUSINESS PARK BETWEEN WALTMAN LANE & TEN MILE TAMMY DE WEERD P2 MALCOLM MACCOY, P/Z MARK NELSON, P2 BYRON SMITH, P2 _TKEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C LENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER CITY FILES 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: S' j}r' .~4 ~~ :~_ .._.....~r cEZvED C 1 ~ ~~~~ CITY OF ?YIERIDIAN `' CENTRAL CENTRAL DISTRICT HEALTH DEPARTN~I d~EIVED ~• DISTRICT ~~~~~~~ Environmental Health Division _ , Return to: „ ,. ,~:. ~' `' ~ ` ^ Boise DEPARTMENT - ~'~~~ ~~ C OF I~IERIDL~I~t~ Eagle Rezone # ~i/~~kA-%`r~iJ q,,,~ Z~~i ~,5~ ae . ~~ ~-okQ~~ , ^ Garden City Conditional Use ## .~ Meridian Preliminary /Final /Short Plat ^ Kuna ^ Acz ® I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare , Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10 Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. : If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. ~ Z ~~ / / d / Date: ~~ Reviewed By: ~~1 / '~ CDHD 10/91 r~, rer. 1/91 Review Sheet L. REcENED .J i • ~ i . v v 1.~ CITY OF MERIDIAN 'ha.~r~ui & ~leJiiclC~~ ~Ivugatia~ 2~~~tiCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Annexation & Zoning of 8.51 Acres for John Goade Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the annexation and zoning for the above referenced application although the right-of--way of the Temmile Drain must be addressed before the land is developed. The Nampa & Meridian Irrigation District's right-of--way of the Tenmile Drain is 100 feet; 50 feet from the center each way. This is a contract drain with the Bureau of Reclamation, please contact John Caywood for their right-of--way widths. Sincerely, ~~~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 4 January 1999