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HomeMy WebLinkAboutTarawood Sub AZHUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3 1999 TRANSMITTAL DATE: July 7 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: . CITY OF MERIDIAN ' ~3 East Idaho Street, Meridian, ID 83~ Phone: (208) 888-4433 Fax: (208) 887-4813 ~,EcE~D JUL 0 1 1999. CI'1`~ ~ t~~' ~tl~:ltilJiAlNf APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Tara.wood -£~A~W90S SUBDIVISION GENERAL LOCATION: A PORTION OF THEN 1 /2 OF SW 1 /4 SECTION 20, T 3N, R 1 E TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): RESIDENTIAL ACRES OF LAND IN PROPOSED ANNEXATION: _ 12.801 PRESENT LAND USE: AGRICULTURAL PROPOSED LAND USE: RESIDENTIAL (32 SINGLE-FAMILY DWELLINGS) PRESENT ZONING DISTRICT: RT (RURAL TRANSITION) PROPOSED ZONING DISTRICT: R-4 (LOW-DENSITY RESIDENTIAL) APPLICANT: Michelangelo Investments, LLC PHONE: (208) 336-1020 Frank W. Stoppello, Manager ADDRESS: 620 W. Hays Street, Boise, Idaho, 83702 ENGINEER, SURVEYOR, OR PLANNER: Briggs En ineering, Inc. PHONE: 344-9700 ADDRESS: .1800 W. Overland Road Boise Idaho 83705 OWNER(S) OF RECORD: Frank W. Stoppello Manager Michelangelo Investments, LLC ADDRESS: 620 4d. Hays Street, Boise, Idaho, 83702 (208) 336-1020 PHONE: Signature of applicant Manager, Michelangelo Investments, LLC Master\Meridian\annex-rezone-mer i • BR/GGS ENG/NEER/NG~ /nc, 1800 West Overland Road ENGINEERS ~ PLANNERS ~ SURVEYORS Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com July 1, 1999 ANNEXATION NARRATIVE TARAWOOD SUBDIVISION 1. Applicant: Michelangelo Investments, LLC (Frank Stoppello, Manager) 620 W. Hays Street, Boise, Idaho 83702 Phone: 336-1020 -Fax: 336-1027 2. Owner: Michelangelo Investments, LLC (Frank Stoppello, Manager) 620 W. Hays Street, Boise, Idaho 83702 Phone: 336-1020 -Fax: 336-1027 3. Notarized Request for Zoning: Attached 4. Legal Description: Attached 5. Present Land Use: Agricultural (vacant) 6. Proposed Land Use: Residential (32 Single Family Dwelling Lots) 7. Existing Zoning/Jurisdiction: RT (Rural Transition/Ada County) 8. Proposed Zoning: R-4 (Low Density Residential District) 9.& 10. The subject property lies between Los Alamitos Subdivision, Sherbrooke Hollows and (proposed) Thousand Springs Subdivision the three developments are currently zoned R-4 (Low Density Residential). The subject property could be considered an infill parcel with development north, south and east of the site. The proposed density of 2.5 dwelling units per acre is consistent and compatible with the other three adjoining developments. Central sewer and water is available to the site in adjoining stub streets. The development will connect to two stub streets within Los Alamitos and one stub streets in Sherbrooke Hollows. 11. The Meridian Comprehensive Plan designates the subject property as single family residential development. This is consistent with the proposed annexation of R-4 and the preliminary plat application for (32) single family dwelling lots. 12. 1" = 100' Vicinity Map: Attached 13. (30) copies of 1" = 300' Vicinity Maps: Attached 990510\Annex-narrative BRIGGS ENGINEEFi~G, INC. 1800 w. overhand Road - ~, Idaho 83705 - (208) 344-9700 14. Property Owners within 300 Feet List: Attached 15. Annexation Fee: $595.00 + 80 @ $1.73 ($138.40) X 2 = $871.80 Attached 16. Affidavit of Posting: Attached 17. Affidavit of Accuracy: Attached 1. 990510~Annex-narrative DESCRIPTION FOR TARAWOOD SUBDIVISION JULY 1, 1-999 A parcel of land lying in the SW '/. of Section-20, Township 3 forth, -Range 9 East, Boise Meridian, Meridian, Ada Gourlty, Idaho, ~r~e par#ict~lar+y descftbed as foNc~ws: Commencing at the southwest corner of Section 20, T.3N., R.1E., B.M., #~ence N 00°44'49"_E 1327.60 feet to the southwest corner of the N %Z of the SW ''/4; Thence S 89°49'11" E 1273.08 feet along the south tine of the N % of the SW ~. to the REAL PO1NT ~F -BEGINNING sf-tbis ~iescrip#ion; Thence N 41°53'21" W 263.54 fleet to a point; Thence -1V 40°44'21" W 140.4D feet to-a-point; Thence IV 28°58'20" W 983.69 feetio a_point; Thence-S~9°6'41" E57.29 feet-toa-point; Thence N 29°01'26" W 233.14 feet to a point; Thence S 89°58'17 "-E 57:.2Q feet-to a point; Thence 5.-29°61'26" E 252:05 feet to anoint; Thence 5-89°56'41" E 1407A8-feettoa-point; Thence S 39°02'03" W 301.40 feet to a point; Thence S 1S°D2'03" W 105:DD feet-to-a-point; Thence S 12°06'03" E 117.00 feet to apoint on -the south line of the N '/ -of the ~t '/a; Thence N 89°49'11" W 976,31-feet along thesouth=Dine-of-the-N'/Z-of the SW's to the REAL POINT OF BEGINNING of this description; Said parcel of land containing 12.797 acras morn or less. Michael E. Marks, P.L.S. i~to.4998 99051 D~tarawood.des ~FIDAVIT OF LEGAL INTEREST. STATE OF IDAHO ) ss COUNTY OF ADA ) I Frank W. Stoppello, Manager of Michelangelo Investments, LLC Name Address 620 w. Hays Street, Boise, Idaho, 83702 ,being first duly sworn upon (city) (state) oath, depose and say: Michelangelo Investments, LLC is 1. That-~-at~ the record owner of the property described on the attached, and I grant my permission to Briggs Engineering, Inc., 1800 W. Overland Rd., Boise, ID 83705 (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 25th day of June , 19 99 SUBSCRIBED AND SWORN to before me the day and year first above written. C... Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: 11-08-2000 5 Manager, Michelangelo Investments, LLC a• au~~rY ~ECORO~~ /+Yi~ !~AYARRO ' - , j~~;;~~a 199 J~~ 24 PI- 2~ 32 QUITCLAIM DEED ~90~3070 -- FOR VALUE RECEIVED, FRANK W. STOPPELLO and VICKIE M. STOPPELLO, do hereby convey, release, remise and forever quit claim unto MICHELANGELO INVESTMENTS, LLC whose address is 620 West Hays Street, Boise, Idaho, 83702, all right, title, and interest now owned or hereafter acquired in the following described premises, located in Ada County, Idaho, more particularly described in Exhibit A attached hereto. TOGETHER WITH all rights-of-way for ingress and egress, easements, water, water rights, ditches and ditch rights-of-way appurtenant thereto or connected~th~erewith. (P ~' DATED: Frank W. Sto ello DATED. ~ Vickie M. Stoppello STATE OF IDAHO ) . ss. County of Ada ) On this y of / , in the year 1999, before me, '(~- the undersigned, a Notary Public in~Ada County, State of Idaho, personally appeared FRANK W. STOPPELLO and VICKIE M. STOPPELLO, husband and wife, known or identified'. to me to be the persons whose names are subscribed to the.`wtY'in:,and foregoing instrument and acknowledged to me that ~~ ..,: -~ they'~`exe:auted- the same . ,' •~•' ITS Tn~'~NESS WHEREOF, I have hereunto set my hand and affixed ~:'_~~: m ~,~~'fici ~~~al the day and year in this certificate first above •:~ w~i t t er~f,~~= r ~O Notary Public for t e State o daho =~~ ' . 4 .•••~•~ . :~.w, (, ~• ~~~, Residing in Ada County, I ho t .,f f 0 f ...~d ~ `.; • ,~., ~~~,,,,,~~~~~„~~~~~'~ My Commission Expires : `~ ~~~~ " ;:<~=. QU'iTCLAIM DEED - 1. ft~ ORCf~ RE~lUEST,A F~~~flErur~r • • EXHIBIT A THIS PARCEL IS A PORTION OF TSE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER. THENCE SOUTH 89 DEGREES 49'39" EAST (OF RECORD NORTH 89 DEGREES 24'30" EAST) ALONG TSE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 1272.85 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 41 DEGREES 53'08" WEST (OF RECORD NORTH 42 DEGREES 39' WEST) A DISTANCE OF 263.20 FEET, THENCE NORTB 40 DEGREES 44'08" WEST (OF RECORD NORTB 41 DEGREES 30' WEST) A DISTANCE OF 140.40 FEET, TIiENCE NORTH 29 DEGREES 00'08" WEST (OF RECORD NORTH 29 DEGREES 46' WEST) A DISTANCE OF 183.80 FEET, THENCE SOUTB 89 DEGREES 57'08" EAST (OF RECORD NORTH 89 DEGREES 17' EAST) PARALLEL WITS THE NORTH BOUNDARY OF SAID SOUTH HALF OF TSE NORTH HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 57.19 FEET, THENCE NORTH 29 DEGREES 00'08" WEST A DISTANCE OF 232.91 FEET TO A POINT ON THE NORTH BOUNDARY OF SAID SOUTH HALF OF TSE NORTH HALF OF THE SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 57'08" EAST (OF RECORD NORTH 89 DEGREES 17' EAST) ALONG SAID NORTH BOUNDARY A DISTANCE OF 57.19 FEET; THENCE SOUTH 29 DEGREES 00'08" EAST A DISTANCE OF 251.66 FEET THENCE SOUTH 89 DEGREES 57'08" EAST (OF RECORD NORTH 89 DEGREES 17' EAST) PARALLEL WITS SAID NORTH BOUNDARY A DISTANCE OF 1409.28 FEET; Page 1 of 3 • • THENCE SOUTH 39 DEGREES 11'22" WEST (OF RECORD SOUTH 38_=~ DEGREES 25'30" WEST) A DISTANCE OF 302.09 FEET; --- THENCE SOUTH 18 DEGREES 01'22" WEST (OF RECORD SOUTH 17 DEGREES 15'30" WEST) A DISTANCE OF 105.00 FEET; THENCE SOUTH 12 DEGREES 01'38" EAST A DISTANCE OF 116.94 FEET (OF RECORD SOUTH 12 DEGREES 47'30" EAST A DISTANCE OF 117.4 FEET) TO A POINT ON THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER; ~~ THENCE NORTH 89 DEGREES 49'39" WEST ALONG SAID SOUTB BOUNDARY A DISTANCE OF 977.29 FEET (OF RECORD SOUTH 89 DEGREES 24.30" WEST A DISTANCE OF 977.7 FEET) TO THE TRUE POIN'P OF BEGIl~IIIING. TOGETB$R WITH A PERMANENT EASEMENT FOR INGRESS AND EGRESS AND INSTALLATION OF QTILITIES FOR RESIDENTIAL USE OVER THE FOLLOWING DESCRIBED PROPERTY: COI~II~IENCING AT THE SOUTHWEST CORNER OF SAID SOUTH SALF QF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH $9 DEGREES 49'39" EAST ALONG THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH BALF OF THE SOUTHWEST QUARTER A DISTANCE OF 1272.85 FEET TO A POINT, THENCE NORTH 41 DEGREES 53'08" WEST A DISTANCE OF 263.20 FEET, THENCE NORTH 40 DEGREES 44'08" WEST A DISTANCE OF 140.40 FEET, THENCE NORTH 29 DEGREES 00'08" WEST A DISTANCE OF 18 3 . S 0 FEET TO T8E TRUE POIr]'P OF BEGII~II~iIrTG OF SAID EASEMENT, THENCE NORTH Z9 DEGREES 00'08" WEST A DISTANCE OF 197.45 FEET TO A POINT WBICH LIES ON A LINE 31.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SOUTH BALF OF THE NORTS HALF OF THE SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 57'08" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 497.04 FEET; THENCE SOUTH 0 DEGREE 44'37" WEST A DISTANCE OF 19.00 FEET; THENCE NORTH 89 DEGREES 57'08" WEST PARALLEL WITH SAID NORTH BOUNDARY A DISTANCE OF 315.40 FEET TO A POINT ON T8E WEST BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER; THENCE NORTH 0 DEGREE 44'37" EAST ALONG SAID WEST BOUNDARY A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER; Page 2 of 3 • THENCE SOUTH 89 DEGREES 57'08" EAST ALONG THE NORTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 852.04 FEET; THENCE SOUTH 29 DEGREES 00'08" EAST A DISTANCE OF 232.91 FEET; THENCE NORTH 89 DEGREES 57'08" WEST PARALLEL WITH SAID NORTH BOUNDARY A DISTANCE OF 57.19 FEET TO THE TRQE POINT OF BEGIPII~ING . Page 3 of 3 ..~~ ARTI~ES OF ORGANIZAT~IV t=1LE~ LIMITED LIABILITY COMPANY To the Secretary of State of Idaho, Z~ Statehouse, Boise, Idaho 83720 2 3o PM SE~~~~A Of IQRH4 F ~~az~ = 5~ ~A _~ ~4 r p4 1. The name of the limited liability company is: Michelangelo Investments, LLc 2. The address of the initial registered office is: 62o w. Hays street, Boise, Idaho (not a PO Box) s 3 7 0 2 and the name of the initial registered agent at that address is: Frank w. Stoppello Signature of registered agent 3. The latest date certain on which the limited liability company will dissolve: June ~ , 2049 4. Is management of the limited liability company vested in a manager or managers? ~x Yes ~ No (check appropriate ~) 5. If management is vested in one or more manager(s), list the name(s) and address(e~; of at least one initial manager. If management is vested in the members, list the names) and address(es) of at least one initial member. Name: Address: Frank W. Stoppello 620 W-Hays Street. Boise, ID 8372 6. Signature of~at least one person listed in #5 above: IDAHO l~t3iETARY OF STATC ®6/~~e ~9p@i0~ CKe 3433 CT>t 964 9H: 27669 1 8 186.86 = 189.89 ORBAFI LLC A 2 ~ ~~~ ~ LLC1 /593 File Two Copies Fee: 5100 if typed with no attachments ^^ ~A~ STATE OF IDAHO COUNTY OF ADA • AFFIDAVIT OF POSTING I, Donna Wilson, (Briggs Engineering, Inc.) 1800 W. Overland Road (name) (address) Boise Idaho 83705 ,being first duly sworn upon (city) (state) oath, depose and say: That I will personally post the subject property with a hearing notice one week prior to the public hearing for annexation, variance and preliminary plat. Dated this ~ ~ day of 19 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. r' ~~ ~. 990510\affid-posting Notary Public for daho Residing at ~~~rs~. /mil/ ~ My Commission Expires: / ~/ STATE OF IDAHO COUNTY OF ADA ss • AFFIDAVIT OF ACCURACY I, Becky L. Bowcutt (Briggs Engineering, Inc.) 1800 W. Overland Road (name) (address) Boise Idaho, 83705 ,being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. 5~ Dated this ~ day of 19 ~~ ignature) SUBSCRIBED AND SWORN to before me the day and year first above written. ~r Notary Public for Idaho Residing at ~~~~, /a/~ /, a My Commission Expires:_ /7_`~~~ 990510\affid-accuracy Y • • CALAWOOD SUBDIVISION PROPERTY OWNERS WITHIN 300' WILSON KELLY L & ERIC E 2517 S BAYOU BAR WAY MERIDIAN ID 83642 TOMLINSON WADE A & NIKI A 2520 S BAYOU BAR WAY MERIDIAN ID 83642 MADER STEPHEN F & SHEILA K 2539 S BAYOU BAR WAY MERIDIAN ID 83642 GOEHNER ROBERT P & ROXANNE J 2560 S RIVER DOWNS PL MERIDIAN ID 83642-4505 BERG JOSEPH D & BERG ILENE A 2101 E THREE BARS DR MERIDIAN ID 83642 KIRKEMO RONALD B & KIRKEMO SHARON J 7651 DEVONWOOD BOISE ID 83703 2065 E THREE BARS DR HARPER LAWRENCE R & HARPER JANET A 2033 E THREE BARS DR MERIDIAN ID 83642 ZIMMERMAN MICHELE C 2542 S BAYOU BAR WAY MERIDIAN ID 83642 LOS ALAMITOS PARK SUBDIVISION HOMEOWNERS ASSOCIATION INC COMMUNITY MANAGEMENT 9550 BETHEL COURT BOISE ID 83709 E THREE BARS DR S BRANDYS JEWEL AVE E TIME ZONE DR WENDT JASON T & KIMBERLY A 1991 E THREE BARS DR MERIDIAN ID 83642 GLASS DAVID F & GLASS CHARLENE C 2551 S TAGISH WAY MERIDIAN ID 83642 ASHWORTH DAVID L & BRENDA C 2564 S BAYOU BAR WAY MERIDIAN ID 83642 HUNT ELMER E III & HUNT DANETTE 2129 E THREE BARS DR MERIDIAN ID 83642 KIMBALL H MICHAEL & PATRICIA A 2015 E THREE BARS DR BOISE ID 83642 TELLIHO MICHAEL & TELLIHO HELEN R 2557 S BRANDYS JEWEL AVE MERIDIAN ID 83642 LAU TODD R & LAU CINDY L 2568 S TAGISH WAY MERIDIAN ID 83642-4566 ROBISON JOEL R & ROBISON STACEY H 2571 S BRANDYS JEWEL AVE MERIDIAN ID 83642 MILLER KEVIN DWAYNE & MILLER LAZONNIA JEAN 2582 S BAYOU BAR DR MERIDIAN ID 83642 KEELING DELORIS M 2575 S BAYOU BAR WAY MERIDIAN ID 83642 ~~ • FUHRMANN PAUL E & DORIS L 2582 $ BRANDYS JEWEL AVE MERIDIAN ID 83642-4555 PETERSEN DONNA H 1835 E TIME ZONE DR MERIDIAN ID 83642 MCCLURE JOHN M & LEIGH ANN 1751 E TIME ZONE DR MERIDIAN ID 83642-4507 LEWIS STEVE V & JOHNSON- TAMBRA L 1779 E TIME ZONE DR MERIDIAN ID 83642-4507 OSBORNE JOHN R 1801 E TIME ZONE DR MERIDIAN ID 83642-4509 HOME ART CORPORATION INC 1580 W 4TH ST #201 MERIDIAN ID 83642 2592 S TAGISH WAY CAPLE RICHARD N JR & CAPLE TERESA KI OK HONG 2178 E EASY JET ST MERIDIAN ID 83642 2575 S TAGISH WAY BUMGARNER BARRY G & BUNGARNER ANITA M 2154 E EASY JET ST MERIDIAN ID 83642 GREER JOHN F & GREER LORETTA F 2132 E EASY JET ST MERIDIAN ID 83642 DUTHIE JAMES M & DUTHIE TAMARA L 2 i 10 E EASY JET ST MERIDIAN ID 83642 • MILLER GARY C 2086 E EASY JET ST MERIDIAN ID 83642 TABBUTT KENNETH A & TABBUTT BARBARA J 2058 E EASY JET ST MERIDIAN ID 83642 ANDERSON EDWIN E & SPEAR SHARON E 2028 E EASY JET ST MERIDIAN ID 83642 RUPPERT RONNIE L & VIVIAN J 2002 E EASY JET ST MERIDIAN ID 83642 DE MEO MICHAEL R & JOAN M 1986 E EASY JET ST MERIDIAN ID 83642 GABORICK CYNTHIA M 2579 S BRANDYS JEWEL AV MERIDIAN ID 83642 KAWAKAMI JACK M & KAW AKAMI TERRI H 2583 S BRANDYS JEWEL AVE MERIDIAN ID 83642 HJORTH RONALD A & HJORTH EVA I E 2606 S TAGISH WAY MERIDIAN ID 83642 KING JEFFREY L & AMY L 2603 S BAYOU BAR WAY MERIDIAN ID 83642 LOWTHER JAMES MARION JR 2610 S BAYOU BAR WAY MERIDIAN ID 83642 SOOTER MICHAEL A & JOANNE L 2620 S LOCUST GROVE RD MERIDIAN ID 83642-7439 BABBITT GENE A & FREDA E L 2570 S LOCUST GROVE RD MERIDIAN ID 83642-6680 S LOCUST GROVE RD EMERY JOHN R & EMERY VALERIE B 2111 E EASY JET ST MERIDIAN ID 83642 STOPPELLO FRANK W & VICKIE M PERRY DAN R & 782 ARLINGTON DR PERRY BETTY S EAGLE ID 83616-4748 2085 E EASY JET ST S LOCUST GROVE RD MERIDIAN ID 83642 GOLDSMITH MARTY HARTZ BERTON S III AND 4550 W STATE ST MARTINDALE CHRISTINA M BOISE ID 83703 2057 E EASY JET ST 2680 E VICTORY RD MERIDIAN ID $3642 MEEKER DANIEL W & RICHARDS MARKS & CYNTHIA A HOLTON NANCY L 2029 E EASY JET ST 2614 S TAGISH WAY MERIDIAN ID 83642 MERIDIAN ID 83642 TAYLOR CHRISTINA S & HOLZER ERIC C & TAYLOR WILLIAM C HOLZER LISA M 2003 EASY JET ST 2629 S BAYOU BAR WAY MERIDIAN ID 83642 MERIDIAN ID 83642 PAYNE FREDERICK & DIANNE BRAWNER VICTOR W & 1987 E EASY JET BRAWNER JENISE N MERIDIAN ID 83642 2201 E EASY JET ST MERIDIAN ID 83642 SEITZ DOUGLAS A & RAQUEL A 1963 E EASY JET ST DODGE CHARLES & MERIDIAN ID 83642 DODGE SUSAN M 2615 S TAGISH WAY BLISS STEVEN A & LORENA N MERIDIAN ID 83642 2655 S BAYOU BAR WAY MERIDIAN ID 83642 ROARK ROBERT W 2177 E EASY JET ST BABBITT CLIFFORD D MERIDIAN ID 83642 11881 W AMITY RD BOISE ID 83709-5058 SHAW MICHAEL D & 2720 S LOCUST GROVE RD SHAW RENEE B 2617 S TAGISH SHIPLEY JOHN STANLEY & MERIDIAN ID 83642 GLENDA SUE 2770 S LOCUST GROVE RD WEBB JANET D MERIDIAN ID 83642-6681 2626 S GOLD BAR WAY MERIDIAN ID 83642 GLENN JOHNSON HOMES INC 2464 S MAPLE GROVE RD BOISE ID 83709 1872 E DWORSHAK DR 1 STACY WAYNE H 1858 SUMMERCOVE DR MERIDIAN ID 83642 1896 E DWORSHAK DR WHITE AND SONS 565 JACKSON ST BOISE ID 83705 1942 E DWORSHAK DR BELL JEFF & BELL WENDY 1357 E PITKIN AVE MERIDIAN ID 83642 1968 E DWORSHAK DR GEM PARK II PARTNERSHIP PO BOX 344 MERIDIAN ID 83680 1760 E VICTORY RD E VICTORY RD D IT M TY S S I ID 37 80 VI O NAMPA MERIDIAN IRRIGATION DIST 1503 Ol ST ST SOUTH NAMPA ID 83651 E VICTORY RD GEM PARK II PARTNERSHIP PARK POINTE REALTY 6223 N DISCOVERY WAY BOISE ID 83713 1909 E DWORSHAK DR 1959 E DWORSHAK DR 1981 E DWORSHAK DR 191$ E DWORSHAK DR E DWORSHAK DR NORTHWOODS CONSTRUCTION LLC 2104 SILVERCREEK LN BOISE ID 83706 1931 E DWORSHAK DR VANDEWATER CHESTER L & VANDEWATER RENA M 1937 E SUMMERRIDGE DR MERIDIAN ID 83642 1952 E LAKE CREEK DR ROPER CONSTRUCTION INC 10106 CALICO ST BOISE ID 83709 1974 E LAKE CREEK DR HALL DERRILL LYNN & HALL CYNTHIA M T 917 SYLVAN ST BOISE ID 83706 1996 E LAKE CREEK DR ^^^~0~0^^^0~^^~^^^^ ~i i, j ~-; -' i • PARCEL ~ S1120427 Z 853301 /~ 8533015 `~ 85330150 5 8533015 (r 85330140 7 853301 g 853301 9 85330150 l0 85330160 /! 85330150 /L 85330160 /3 85330160 / ~ 85330160 /~j 853301 /G 853301 / 7 853301 853301 /y 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S 8785117026 (.fo 8785117027 G7 8785117028 (, 8785117029 4R 8785117030 Tor S112034530 ~t S112034480 TZ S112034720 73 S112034480 7~1 8785117034 K 8785117033 ~ 8785117032 77 8785117031 78 8785117040 79 8785117041 Qp 8785117042 L OWNER OWNADDI 92 GOLDSMITH MARTY 01 LOS ALAMITOS PARK SUBDIVISIO HOMEOWNERS ASSOCIATION 03 WILSON KELLY L & ERIC E 34 TOMLINSON WADE A & NIKI A 02 MADER STEPHEN F & SHEILA K 19 GOEHNER ROBERT P & ROXANNE J 36 ZIMMERMAN MICHELE C 40 LOS ALAMITOS PARK SUBDIVISIO HOMEOWNERS ASSOCIATION IN 42 WENDT JASON T & KIMBERLY A 25 GLASS DAVID F & GLASS CHARLENE C 38 ASHWORTH DAVID L 8 BRENDA C 22 HUNT ELMER E III & HUNT DANETTE 0 BERG JOSEPH D & BERG ILENE A 8 KIRKEMO RONALD B & KIRKEMO SHARON J 6 HARPER LAWRENCE R & HARPER JANET A 4 KIMBALL H MICHAEL & PATRICIA A 4 LOS ALAMITOS PARK SUBDIVISIO ASSOCIATION INC 4 ROBISON JOEL R & ROBISON STACEY H 9 MILLER KEVIN DWAYNE & MILLER LAZONNIA JEAN 0 KEELING DELORIS M 7 FUHRMANN PAUL E & DORIS L 9 PETERSEN DONNA H 3 MCCLURE JOHN M & 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2464 S MAPLE GROVE RD 858 SUMMERCOVE DR 6223 N DISCOVERY WAY 65 JACKSON ST 357 E PITKIN AVE 223 N DISCOVERY WAY O BOX 344 PO BOX 344 4550 W STATE ST 503 01ST ST SOUTH 6223 N DISCOVERY WAY 104 SILVERCREEK LN 6223 N DISCOVERY WAY 6223 N DISCOVERY WAY 937 E SUMMERRIDGE DR 0106 CALICO ST 17 SYLVAN ST OWNLAST BOISE ID 83703 BOISE ID 83709 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-4505 MERIDIAN ID 83642 BOISE ID 83709 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 BOISE ID 83703 MERIDIAN ID 83642 BOISE ID 83642 BOISE ID 83709 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-4555 MERIDIAN ID 83642 MERIDIAN ID 83642-4507 MERIDIAN ID 83642-4507 MERIDIAN ID 83642-4509 MERIDIAN ID 83642-4503 BOISE ID 83709 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642-7439 MERIDIAN ID 83642-6680 EAGLE ID 83616-4748 BOISE ID 83703 MERIDIAN IO 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 MERIDIAN ID 83642 BOISE ID 837-5058 MERIDIAN ID 83642-6681 BOISE ID 83709 MERIDIAN ID 83642 BOISE ID 83713 BOISE ID 83705 MERIDIAN ID 83642 BOISE ID 83713 MERIDIAN ID 83680 MERIDIAN ID 83680 BOISE ID 83703 NAMPA ID 83651 BOISE ID 83713 BOISE ID 83706 BOISE ID 83713 BOISE ID 83713 MERIDIAN iD 83642 BOISE ID 83709 BOISE ID 83706 r~/~ L } N O V 1 2 1999 interoffice c~T~~~~~~~n,~.~~,~~,r,~ MEMORANDUM To: t~illi~mG. Berg, Jr~s, Mayor Robert D. 'e and Council From: Wm. F. Gigray, III Subject: Frank Stoppello/Michelangelo Investments, LLC (AZ-99-015) Date: November 9, 1999 Will, Mayor Corrie and Council: Please find enclosed the revised original of the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning, and the revised original of the Development Agreement, along with the originals of the Resolution and Certificate of the Clerk. Please note in the Findings that 15.12 * and 3.12 * have new language and that 15.14 and 3.14 have been deleted. Additionally, these same changes were done within the Development Agreement at 5.15 and then the deletion of 5.14. 15.12 * and 3.12 * used to read: "Adjust adjacent lot line to provide the minimum street frontage, create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association." Thus the new 15.12 and 3.12 now read: "Applicant to provide for common lot to be owned and maintained by the Home Owners Association along the southern boundary of the subdivision from Nine Mile Drain to the Ridenbaugh Canal, which common lot shall be of sufficient width as required by staff for pedestrian access use." File Page 2 November 9, 1999 Also, 15.14 and 3.14 were deleted which read: "Permanent non- combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestian pathways. Fencing is to be in place prior to applying for building permits." Additionally, the same revisions were made within the Development Agreement. If these Findings are not your intention, that will additionally need to be revised. DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. Frank W. Stoppello/Michelangelo Investments, LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, hereinafter called "DEVELOPER", whose address is 620 W. Hays Street, Boise, Idaho 83702. 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 zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density DEVELOPMENT AGREEMENT - 1 Residential District (R-4), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning ~ Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the DEVELOPMENT AGREEMENT - 2 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 2I, I993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3. I "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Frank W. Stoppello/Michelangelo Investments, LLC, whose address is 620 W. Hays Street, Boise, Idaho 83702, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section I 1-2-408 B 3, Low Density Residential DEVELOPMENT AGREEMENT - 3 District (R-4), Meridian City Code which are herein specified as follows: For the construction, use and maintenance of 32 single- family dwellings. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5.1.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5.1.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. DEVELOPMENT AGREEMENT - 4 5.1.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5.1.7 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 5.I.8 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 5.1.9 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5.1.10100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5.1.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 5.1.12Applicant to provide for a common lot to be owned and maintained by the Home Owners Association along the southern boundary of the subdivision from Nine Mile Drain to the Ridenbaugh Canal, which common lot shall be of sufficient width as required by staff for pedestrian access use. DEVELOPMENT AGREEMENT - 5 5.1.13A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to DEVELOPMENT AGREEMENT - 6 faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty DEVELOPMENT AGREEMENT - 7 (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. I3. SURETY OF PERFOP:MANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. I6. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT - 8 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Frank W. Stoppello/ Michelangelo Investments, LLC 620 W. Hays Street Boise, Idaho 83702 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written DEVELOPMENT AGREEMENT - 9 request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 10 ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: Frank W. Stoppello Developer Attest: BY RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. DEVELOPMENT AGREEMENT - 11 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of , in the year 1999, before me, a Notary Public, personally appeared Frank W. Stoppello and ,known or identified to me to be the Manager and of Michelangelo Investments, LLC, who executed the instrument on behalf of said Michelangelo Investments, LLC, and acknowledge to me having executed the same. (SEAL) STATE OF IDAHO :ss County of Ada ) On this 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 Clerlc, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: Notary Public for Idaho Commission expires: msg/Z:\Work\M\Meridian 15360M\Tarawood Subdivision\DevelopAgr DEVELOPMENT AGREEMENT - 12 EXHIBIT A Legal Description Of Property A parcel of land lying in the SW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of Section 20, T.3N., R.lE., B.M., thence N 00°44'49" E 1327.60 feet to the southwest corner of the N 1/z of the SW 1/4; Thence S 89°49'11" E 1273.08 feet along the south line of the N 1/2 of the SW 1/4 to the REAL POINT OF BEGINNING of this description; Thence N 4I°53'21" W 263.54 feet to a point; Thence N 40°44'21" W 140.40 feet to a point; Thence N 28°58'20" W 183.69 feet to a point; Thence S 89°56'41" E 57.21 feet to a point; Thence N 29°01'26" W 233.14 feet to a point; Thence S 89°58'11" E 57.20 feet to a point; Thence S 29°01'26" E 252.05 feet to a point; Thence S 89°56'41" E 1407.08 feet to a point; Thence S 39°02'03" W 301.40 feet to a point; Thence S 18°02'03" W 105.00 feet to a point; Thence S 12°06'03" E 117.00 feet to a point on the south Line of the N j/a of the SW 1/4; Thence N 89°49'11" W 976.31 feet along the south line of the N '/Z of the SW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land containing 12.797 acres more or less. DEVELOPMENT AGREEMENT - 13 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A~~roval DEVELOPMENT AGREEMENT - 14 RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, entitled "DEVELOPMENT AGREEMENT" dated the day of , 1999, by and between the City of Meridian and FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. MAYOR ATTEST: CITY CLERK msg\Z:\Work\M\Meridian 15360M\Tarawood Subdivision\Resolution RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING 2 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, entitled "DEVELOPMENT AGREEMENT" dated the day of , 1999, by and between the City of Meridian and FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. STATE OF IDAHO, ) . ss. County of Ada, ) WILLIAM G. BERG, JR. CITY CLERK On this day of , in the year 1999, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ msg/Z:\Work\M\Meridian 15360M\Tarawood Subdivision\CERTofCLICforRESOLU October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3 1999 APPLICANT: MICHELANGELO INVESTMENTS LLC ITEM #: 14 REQUEST: FF&CL REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS SEE FINDINGS ~~ ,Q,~~ J ,~ v U" ~~ ~ J~ Y~ ~~~~V SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become properly of th® City of Meridian. l~%~..~ ~;,~~-~ fir. j ~~.G.~,~ I ~ /~I ~-~_~ ,, r MC ~~ ~"U I 1 t ; ~%l U-n /r~ I ~i/ ,~ ** TX CONFIRMATION REPORT ** AS OF NOU 04 '99 13 06 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 07 11104 13 06 LEGAL DEPARTMENT October 29, 1999 MODE MIN/SEC PGS CMD#t STATUS EC--S 00'23" 001 071 OK MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3. 1999 APPLICANT: MICHELANGELO INVESTMENTS. LLG ITEM #: 14 REQUEST: FFr3CL REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE FINDINGS a~ ~t~~J CITY POLICE DEPT: ~ ~/lv CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ~~~ ADA COUNTY HIGHWAY DISTRICT: /~e~ f ADA COUNTY STREET NAME COMMITTEE: ` ~ , CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: .~pJ lr i ~ /~ ~~~ / ! " "' - ~~ ~'/~ IDAHO POWER: S US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: N! Materials presented at pubAc meetings shall become property of the City of Meridian. ~- ~~ ~ /~ ~i ~/ ~~. RACE 0 C T 2 $ ]999 CITY OF MERIIIAN BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MICHELANGELO INVESTMENTS, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION, SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOI~E HOLLOWS, MERIDIAN, IDAHO Case No. AZ-99-015 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 October 5, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Frank Stoppello, and appearing on behalf of the Applicant was Beclcy Bowcutt from Briggs Engineering, appeared and testified and appearing in opposition or with concerns were: Clint Riley, Michael DeMayo, Scott Jarvis, Mr. Sutter, having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 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 October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 12.801 acres in size. The property is located south of Los Alamitos Parlc and north of Sherbrooke Hollows Subdivision, Meridian, Idaho. The property is designated as Tarawood Subdivision. 5. The owner of record of the subject property is Michelangelo Investments, LLC, of 620 W. Hays Street, Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. 8. The Applicant requests the property be zoned as Low Density Residential (R-4). 9. The proposed site of the subject property is located north of Sherbrooke Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 10. The city limits of the City of Meridian are adjacent and abut to the north, south and east of the subject property with Ada County Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC (R-T) to the west. 1 1. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family dwellings. 14. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 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. 15.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 15.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 15.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 15.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 15.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 15.7 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 15.8 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 15.9 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 15.10 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 15.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 15.12 Adjust adjacent lot line to provide the minimum street frontage, create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association. 15.13 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 15. I4 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. 15. I5 Applicant shall enter into a Development Agreement with the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 16. 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. 15, and all subparts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 17. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 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. 20.2 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. 20.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 20.4 The application is consistent with Meridian's self identity. 20.5 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. 20.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.7 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. 20.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Low Density Residential , (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follows: (R-4~Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single- family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, this Section lists the uses allowed in the various zoning districts of the City; that single family dwellings are listed as permitted uses in the Low Density Residential (R- 4) District. 7. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single family dwellings on this parcel of land. 8. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9. 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. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 12.801 acres to Low Density Residential Zone (R-4) is granted subject to the terms FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 12.801 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. The City Attorney is directed to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements with the following special terms and conditions related to this application to-wit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 1 I-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 3.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 3.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 3.7 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 3.8 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3.9 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 3.10 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 3.12 Adjust adjacent lot line to provide the minimum street frontage, create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association. 3.13 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 3.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. 3.15 Applicant shall enter into a Development Agreement with the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential (§ 11-2-408 B 3 of the Revised and Compiled Ordinances of the City of Meridian) which Ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and oning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ROLL CALL 1999. COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION .AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk Dated: msg/Z:\Work\M\Meridian 15360M\Tarawood Subdivision~/1ZFfCls FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC NOV-03-1999 10 36 BRIGGS ENGINEERING, INC. 12083452950 P. 02 .~da cou~t~~~~wu~ ~~~t Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr. Vice President Garden City. Idaho 837146499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 have Bivens, Comrnlssioner Fax (208) 387-6391 Susan S. Eastlake. Commissioner a-mail teltus a(~achd ada id us DATE: Wednesday, November 3, 1999 MEETING: Wednesday, November 3, 1999 TO: Meridian City Council FROM: Steve Arnold Planning and Development RE: Tarawood Subdivision/MAZ99-015 n'~.I~~ `~ ~~ ~ /'~ REcE~L N 0 V - 3 1999 CITY OF 1V~IIIDIAAi~ e/o Locust Grove Road n/o Victory Road Tarawood is a 32-lot residential subdivision on 12.8-acres. The applicant is also requesting annexation to the City of Meridian and a rezone from RT to R-4. The 12.8-acre site is located east of Locust Grove Road, approximately one half mile south of Overland Road. It has been brought to the attention of Ada County Highway District, that the Los Alamitos neighborhood association has concerns about extending Bayou Bar Way, and Gotd Bar Way into the subject site. Current District policy requires: 7203.5.2 F_XistinQ Adjacent D v _lo~ nt . An existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities. The benefits to interconnectivity are as follows: Increases cir elation and safety fot • pedestrians • bicyGists • public transit • mail delivery • carpools Aids P~,Ta.~r_gpYn~.,y s rvic~e~., In .r as s . af -t~ente~8~ exiting onto arterials,.prnvid_ in~ti0Il~2a,Se~.d.CIYgC nr f r n and~opy -ni .n __ Pot~LX:. • Reduces total vehicle miles of travel, thus benefiting air quality and emissions. • Provides future access to traffic signals. • Provides the opportunity to avoid difficult left turns on more congested streets. Turning left onto Franklin Road or Eagle Road is difficult at this time and is anticipated to worsen. Staffs' evaluation of the extension of the roadway will not exceed the capacity of any streets in Sherbrooke Hollows Subdivision or Los Alamitos Park Subdivision. Staff supports the proposed lay-out without any additional unnecessary stub streets to the west. TOTAL P.@2 NOU 03 '99 10 43 12083452950 PAGE. 02 interoffice M E M O R A N D U M To: From: Subject: File: Date: Mayor Robert D. Corrie, City Counc' nd William G. Berg, Jr. Wm. F. Gigray, III Tarawood Subdivision AZ Findings and Development Agreement AZ-99-015 October 26, 1999 Mayor Corrie, Council and Will: ~-; ~~~ O C T Z g 1999 CITY OF MERIDIAI'~ Please find attached the revised Annexation and Zoning Findings of Fact and Conclusions of Law and the revised Development Agreement, from the previous submitted documents. I have prepared these revisions pursuant to the action of the Council at their October 19th meeting. Additionally, please review the Annexation and Zoning Findings as they will be placed upon the agenda for the November 3rd meeting for consideration. Also, please note the revisions pertain to the additional staff comments of the preliminary plat, both in the findings and the development agreement. I have additionally added new language to the Decision and Order in number 1,2,3,4, and 5. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\Tarawood Subdivision\MayorCouncilBerg102699.Mem P.S. Additionally, the Annexation and Zoning Ordinance, Certification of the City Clerk, Resolution and the Certificate of Clerk were previously sent to your office on October 12, 1999. October 1 S, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19 1999 APPLICANT: MICHELANGELO INVESTMENTS LLC ITEM #: 8 REQUEST: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFIGE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED FINDINGS i~ ~' W~(o d Cbw~ ~ Ftcl ~° OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MICHELANGELO INVESTMENTS, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION, SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOI~E HOLLOWS, MERIDIAN, IDAHO Case No. AZ-99-015 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 October 5, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Frank Stoppello, and appearing on behalf of the Applicant was Beclcy Bowcutt from Briggs Engineering, appeared and testified and appearing in opposition or with concerns were: Clint Riley, Michael DeMayo, Scott Jarvis, Mr. Sutter, having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC FINDINGS OF FACT 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 October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 12.801 acres in size. The property is located south of Los Alamitos Park and north of Sherbrooke Hollows Subdivision, Meridian, Idaho. The property is designated as Tarawood Subdivision. 5. The owner of record of the subject property is Michelangelo Investments, LLC, of 620 W. Hays Street, Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. 8. The Applicant requests the property be zoned as Low Density Residential (R-4). 9. The proposed site of the subject property is located north of Sherbrooke Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 10. The city limits of the City of Meridian are adjacent and abut to the north, south and east of the subject property with Ada County Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC (R-T) to the west. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family dwellings. 14. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 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. 15.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. The Planning and Zoning Commission further recommends: 15.3 Applicant shall enter into a Development Agreement with the City. 16. 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. 15, 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. 17. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC glare and odors. 18. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 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. 20.2 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. 20.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 20.4 The application is consistent with Meridian's self identity. 20.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 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. 20.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.7 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. 20.8 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. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION .AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Low Density Residential , (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follows: ~R-4~ Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single- family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC and Sewer systems of the City of Meridian. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, this Section lists the uses allowed in the various zoning districts of the City; that single family dwellings are listed as permitted uses in the Low Density Residential (R- 4) District. 7. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single family dwellings on this parcel of land. 8. 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). 9. 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. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. This application is for annexation and zoning of 12.801 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-4) Low Density Residential Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING .APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 3.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN CHARLIE ROUNTREE VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk Dated: msg/Z:\Work\M\Meridian 15360M\Tarawood Subdivision\AZFfCIs FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC WHITE, PETERSON, PRUSS, MORROW ~t GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH ]ULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com October 12, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE ~~ ' ~ ~~ ~ ~~ s ~ 3 1:99 William G. Berg, Jr., City Clerk ~;~~`~' ~;3; .;;ta,a,~~Lr~.`¢ MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, - TARAWOOD SUBDIVISION /ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK CASE NO. AZ-99-015 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING prepared as per instructions from the Council meeting of October 5, 1999, and which are on the agenda for October 19, 1999. I have also attached the originals of the Resolution and Certificate of the Clerk for the Development Agreement. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of October 19, 1999, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners for signatures. If you have any questions please advise. Very truly yours R. Stephen Rutherford ms~Z:\Worlc\M\Meridian 15360M\Tarawood Subdivision\FFCL and DevAgtCllc.ltr ~~\~ ~ . S . ~~-~.~ alb-a-v co -EPt.~. AZ O.n.~ , ca, ~ ~~- • ~ ~-~- ..~ ~ ~ FR.AIVK W. STOPPELLO ATTORNEYS AND COUNSELORS AT LAW 620 WEST HAYS STREET BOISE, IDAHO 83702 FRANK W.STOPPELLO JERRY A. KISER November 2, 1999 TRANSMITTED VIA FACSIMILE AND SENT BY MAIL Mayor Robert Corrie City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE°Er"ED NOV 0 3 1999 City of Meridian City Clerk Office TELEPHONE (208) 336-1020 FACSIMILE (208) 336-1027 Councilman Glenn Bentley City of Meridian 33 E. Idaho Street Meridian, ID 83642 Councilman Ron Anderson City of Meridian 33 E. Idaho Street Meridian, ID 83642 Councilman Keith Bird City of Meridian 33 E. Idaho Street Meridian, ID 83642 Councilman Charlie Rountree William F. Gigray City of Meridian Meridian City Attorney 33 E. Idaho Street P. 0. Box 1150 Meridian, ID 83642 Meridian, ID 83680 Re: Tarawood Subdivision ,~ Dear Mayor and Councilmen: I am in receipt of the proposed Findings of Fact for Annexation and Zoning and believe they contain an err in paragraphs 15.12, 15.14, 3.12, and 3.14 because they appear to pertain to lots for a common area for both the 9 Mile drain and the Ridenbaugh Canal. If I am not mistaken the Ridenbaugh Canal requirement was removed by the Council. This issue might be moot due to the fact I have met with Shari Stiles last week and believe I have reached an agreement as to the solution to access which will be presented by Becky Bowcutt at Wednesday's meeting. I have a hearing Wednesday night in Pocatello, Idaho, and will not be present.- Becky Bowcutt will make the presentation. Sincerely, ~~ Frank W. Stoppello Attorney at Law FWS:dc • FRANK W. STOPP~ ATTORNEYS AND COUNSELORS AT LAW 8fZ0 WEST HAYS STREET BOIf3E. IDAHO 88704 FRANK W.JTOPPELLO JERRY A. KI3ER TELEPRONE 14081 3361020 FACSIMILE 14081 3561047 DATED : _~`_-~ FAX N0. NAME ADDRESS RE: I~~i~~av~. ~'~~-i CI~,~~ J Q 10. L~OCK~ ~[,f ~ ~ ~ V c~ 1 ~ TOTAL NUMBER OF PAGES (Including this Cover) FROM : F~h~, w ' COMMENTS: Original Documents Will: (~/) Follow by regular mail ( ) Follow by Express mail ( ) Not be sent If you had any problems receiving this entire transmission, please call the sender at (208) 336-1020. Nou 02x1999 12~34PM FROM stoppello law TO 88842"" i ~ !t'KANK W. tiT(>PPELLU n'fT11itN N:Y?t nNU ~•u1~N4Ii l,U Nh n'C I,nW N•10 WiiMT ifAY+-t r+'r r~+M w•r u~uylc, mnlTl) n:ITU•r, srRANrc W RTnF•T'FT~T.rt d1tRRV A. itlti~lt November 2, 19~~ TRANSMITTED VIA FACSIMILE AND SENT BY MAIL Mayor Robert Corrie City of Meridian 33 E. Idaho Street Meridian, ID 83642 v cl~ ~-. . _~ e_ ,- . T[CLEPIiUP!ffi ('lUH) 8811-1U2U ~ncgnKn.t~ tzoK) aaeaoz~ Councilman Glenn Bentley f`.~ fiy ~)f Mt~ri di an 33 E. Idaho Street Meridian, ID 83642 Counci..lman Ron Anderson City of Meridian 33 E_ Idaho Street Meridian, Iv 83692 Councilman Charlie Rountree City of Meridian 33 E. Idaho Street Meridian, T~ 83642 Re: Tarawood Subdivision Dear Mayor and Councilmen: Councilman Keith Bird Cii.y of Meridian 33 E. Idaho Street Meridian, ID 83642 William E. Gigray Meridian City Attorney P. 0. Box 1150 Meridian, Tn 93hAD I am in receipt of. the proposed Findings of Fact for Annexation and Zoning and believe t})ey contain an err in paragraphs 15.12, 15.19, 3.12, and 3.19 because they appear to pertain to lots for a common area for both the 9 Mile drain and tr)e Ridenbaugh Canal. if I am noL [aistaken l.hr, Ridrllhauyh Canal requirement was removed by the Council. This issue might be moot due to the fact I have met with Shari Stiles last week and believe T have reached an agreement as to the solution to access which will be presented by Becky Bowcutt at Wednesday's meeting. I have a hearing Wednesday night in Pocatello, Idaho, and will not be present. Becky Bowcutt will make the presentation. Sincerely, I'~ ~/ ~ Frank W. stoppello Attorney at Law Fws:dc TOTAL P.02 NOU 02 '99 12 43 208 336 1020 PAGE.02 ~~CE~~~ OC1 2 g 1999 CITY OF MERIDdAN BE>=ORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF TFE AI'1'LICATION OF MICI"IELANGELO INVESTMENTS, LLC, THE AI'I'LICATION FOIL ANNEXATION AND TONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION, SOUTFI OB LOS ,A,LA.1vIITOS I'ARI~ A.ND NORTI~ OB SHERBROOI<E FOLLOWS, MERIDIAN, IDAHO The above entitled annexation and. zoning application having came on for public hearing on October 5, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appcarcd and tcstificd, and the Applicant, Frank Stoppello, and appearing on behalf of the Applicant was Becky Bowcutt from Briggs Engineering, appeaxed and testified and appearing in opposition or with concerns were: Clint Riley,lVlichael Delvlayo, Scott Jarvis, Mr. Sutter, having tcstificd in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: Case No. AZ-99-01 S FINDINGS OF FACT AND CONCLUSIONS Ok LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FINDINGS OF FACT AND CONCLUSIONS OP LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND LONING/TARAWOUD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC NO b0z ST0 ~~6b,60 S--£'J Sf11d1S #QWO S~Jd 03S/NIW 3QOW 0Z0Z 9££ 80Z bZ:ZZ Z0/ZZ W021d/Ol 3WI1 31HQ 60 Ntl I Q I 213W d0 .ll I O Z0'3Jdd bZ:zZ 66~ Z0 f10N d0 Sd ** 1bOd321 NO I 1tiW21I dN00 Xl ** Meridian City Council Meeting October 5, 1999 Page 42 Bird: I'll give him mine. I have no problem giving mine. Corrie: Come back to this item? Would that be satisfactory to you? Or do you want to take - Freeman: No. It should only take me five minutes to review that. I expect it's what I've seen before for the most part. Corrie: Okay. Bird: Can we go to the next one? Corrie: Yeah. We'll just -we'll hold No. 18 and 19 and go to 20 while you're doing that. Then when you're ready, we'll take yours. Before we go to Item 21, have you had a chance to read that? Freeman: Yeah. 20. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item 20, continued public hearing: Request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of Sherbrooke Hollows. At this time I'll open the public and invite staff comments first. Stiles: Mr. Mayor and Council, this is for the property that's in between Sherbrooke Hollows Subdivision and Los Alamitos Subdivision. Their access would be through the Sherbrooke Hollows Subdivision or through the Los Alamitos. We're just doing the annexation and zoning now? Corrie: Yes. Stiles: Okay. Staff would recommend approval to an R-4 provided that the applicant enter into a development agreement incorporating all staff comments and the condition which would also incorporate the conditions of the preliminary plat which is to follow. That's all I have. Corrie: Okay. Is there anyone from the public that would like to issue testimony in the request for annexation and zoning, Item No. 20? (inaudible). • • Meridian City Council Meeting October 5, 1999 Page 43 Bocutt: Becky Bocutt, Briggs Engineering, 1800 West Overland, Boise. I'm representing the applicant in this matter. I'd like to combine my testimony for the annexation and the preliminary plat into one, so therefore, let the record reflect that. As Shari indicated, this is an infill parcel. That map is not complete because we've just recorded some phases of Sherbrooke Hollows, Sherbrooke II. There we go. Sherbrooke II and Sherbrooke III. Sherbrooke II is what you see along the canal on that east side and to the south is Sherbrooke No. III. Both those subdivisions or those phases are constructed and Sherbrooke III which connects into Victory also will be recorded within the next week or so. This project, like I said, is infill. It's sandwiched between two existing R-4 zones. The property's approximately 450 feet wide. It was not a real easy parcel to lay out because of its abnormal shape where it's very long lengthwise, but very narrow widthwise. Our only point of ingress and egress are the two stub streets there you see in Los Alamitos and the one single stub street in Sherbrooke Hollows. Between those three streets, one could have access out to Locust Grove either through Los Alamitos and Time Zone or they can come through Sherbrooke Hollows and go out in Phase IV when it's constructed out to Locust Grove or they can come down and go south to Victory. There are two'streets that go south that they can make connection to, so there's multiple points of ingress and egress. The density of our project is 2.5 dwellings per acre. Our lot sizes are consistent even a little bit larger than most of the lots that you see adjoining it in Los Alamitos and Sherbrooke Hollows. We are bounded by two waterways. This is the Ridenbaugh Canal here and this is +i~e Nine-Mile drain. We've reviewed staff's comments. We are in agreement with all of staff's comments with the exception of site-specific requirement No. 5. Site-specific No. 5 stipulates that we dedicate a separate pedestrian lot for pedestrian access to Nine Mile drain right here in this location, and a pedestrian access right here to the Ridenbaugh. I did contact John Anderson at Nampa Meridian and asked him about his opinion on these two pathways. His answer was quite negative. "We definitely will not allow any pedestrian connection to the Ridenbaugh, period." Those were his exact words. We're still dealing with the issue that until the City and Nampa Meridian come to some type of an agreement on the liability issue or indemnify Nampa Meridian, until that time, they're not cooperating with us on making the linkages. Our opinion is the pedestrian pathways because this parcel is so small, it is so narrow, the linkages that we have out there presently wauld be adequate. 1 kind of made a little quick map for you guys to look at that shows you how all this stuff will link together. Here's the subject property here in black. This is the public street connection right here through Los Alamitos that will connect to Thousand Springs. This is the vehicular bridge here that we'll begin construction on as soon as water goes out of the ditch this fall. So t~,at will be able to be used for a vehicular access that would take you out to Eagle Road or pedestrian access into Thousand Springs. Secondly, we've got vehicular access here and pedestrian access through the public street network and then there's an existing micropath in Sherbrooke Hollows at this location and at this location. Outside of the easement for the Ridenbaugh, we've got an area that is landscaped kind of in a natural red fescue, buffalo grass type that you can walk, and that's why I've got it dashed in blue. This is not a hard surface like a paved pathway, but it is a linkage between these • Meridian City Council Meeting October 5, 1999 Page 44 two points. There's also a pedestrian pathway right here that will be constructed with Phase V, I believe it is, of Thousand Springs. To refresh your memory, this is the location of the pedestrian bridge that both Sherbrooke Hollows and Thousand Springs have trust funded for at the Highway District. That bridge has not been constructed, and Nampa Meridian says it will not until an agreement between the City and the District are completed. The linkage here, the drain, I'd like to address that. One, you see that we've got access here, and I would like to, before I jump to this one, we'd like to focus the pedestrian access in certain areas. We don't want multiple points of access along the Ridenbaugh Canal. It is a large water body. It does run very fast. If we can isolate and centralize some of our pedestrian access locations, like in this point here, then the safety factor will be a little bit better. On the Nine-Mile drain that we have on our west boundary, the problem I have with putting a pedestrian path is where are you going to? The drain begins, the big drain begins right at this point at our property. It -all of our frontage here is on the drain. But at this point, where you see it crosshatch in re~i, that's private property, not a part of this development. If I am to link here, then I would be promoting trespassing on an adjoining property that is totally unrelated to ours, nor has any easement for pedestrian access. And where are they going? There is a ptablic street here, and there is a gate on the drain here and here. And that's what you see in blue. So really, I don't know if that -1 can't see the benefit, I guess, that's what I'm telling you. I'm trying to weigh the benefit of putting one here and I can't see any. This here in pink is the Hunter Lateral that's been piped. There's fencing along both sides, now that's a nice pedestrian walkway, and it goes along through Los Alamitos in a diagonal northwesterly direction. There are, I believe, some gates along the right-of- way. Those are the type of areas that I would like to promote pedestrian usage and jogging, walking your dogs, et cetera. I just don't think that's necessary. It makes no sense, logical sense to me and then I had the issue of the safety factor here. Do you have any questions? Bird: I have none. Corrie: Hearing none, I don't think so, Becky. Okay. Thank you. Anyone else like to issue testimony on Item 20, the annexation and zoning? Stoppello: Mayor Corrie, members of the Council, my name is Frank Stoppello, 782 Arlington Drive, Eagle, Idaho. I'm the owner of the project. I would like my testimony to also be for both hearings. I have submitted a letter outlining my position September 17, 1999 to the City Attorney and to the members of the Council and the Mayor. Basically, I'll try not to cover what Becky has covered, but the ten-foot easement to the Nine Mile drain, my problem with that is it cuts off - maybe I could show with my diagram. This Lot 1, little horn that sticks up on the left, that is an unbuildable lot. My plans, if it -yes, thank you. My plans are to sell that to the adjoining neighbors if a deal can be reached. If I can't sell it, it's going to go with Lot 3 just below it there. I'm sorry. Right there, and it wilt be sold with that lot. You cannot build on Lot 1, but it'll be part of that sale for that particular house. Anyone you talk to that is in marketing of these lots would tell you any ~ r Meridian City Council Meeting October 5, 1999 Page 45 of these right-of-ways running down between the lot are going to degrade the value of the lot. Not only will it cut off that Lot 1 on the Nine-Mile drain, it will degrade the lots that are going to be on the boundary of the right-of-way even if you move it to the south. I also would like to point out not only for that right-of-way, but for the other one, this will bring added traffic if there ever was aright-of-way, a person can park in the neighborhood, you can get out any time of the day and night and go up that right-af- way. I don't think anybody who has a home would like that going down the side ~f their home. The other right-of-way that is proposed by staff on the Ridenbaugh Canal is a 20-foot right-of--way. Now, the engineer has informed me if, in fact, the right-of-way going onto the Ridenbaugh Canal is requested, that 20-foot right-of--way will remove one of the choice lots in that cul-de-sac. I have been told my marketing people that sell these subdivisions and lots that those lots right now, if it was built, would be $35- to $40,000 up on that end only. I will lose one of those lots. That is a taking. Again, a quiet cul-de-sac, the most valuable lots in the subdivision would be dramatically affected by a paved, fenced, 20-foot right-of-way between the lots. As to both right-of-ways, I have a problem with they are of no public benefit, whatsoever, other than my detriment, because Nampa Meridian will never allow you a walkway on the Ridenbaugh Canal. Now, I irrigate a crop of there. I don't know if you gentlemen are familiar with the flow on the Ridenbaugh Canal. It's either the second largest, third largest canal in the valley. I've seen 18-year-old, 20-year-old young men, strong looking, jump in that canal, and their friends had to pull them out with a rope. If you get caught in one of those dams that lifts the canal up there, you will not~survive. A small child could never survive falling into that. The walls are straight up and down, plus an elderly person could never survive it. Nampa Meridian will never allow any kind of agreement. And I thin!c I have a little personal knowledge on that. I've represented the two ditch companies iri the Star Middleton area, and the seven lateral companies in that area for, I can't remember if it's been ten years now, we have the same problem when we're representing those canal districts and development takes place. You simply cannot allow someone to use your own easement that's been granted to you by the adjoining landowners. You have no power to do so, and if you did, you'd have unbelievable liability. I think it's a wonderful thing to include a proposal or a policy in a Comprehensive Plan; Eagle has done the same thing when I was on the City Council. But that is not a force of law, something in your Comprehensive Plan. I also have, and Becky has already pointed out the accesses, I've got my little map that I submitted with my letter, it's the same as hers, a very short distance from this subdivision will be the bridge, the Three Bars Bridge that goes over the canal. There can be access there. The Hunter Lateral as I said in my letter is a - if you can ever have access, it's gated. It's a perfect access. It's just a short distance from here. If you want to get on the Nine Mile drain, and I don't know why anybody would want to get on it because it's gated all the way up to the north, wrought-iron fence - I don't know what you'd want to get on there for. The pelfect place to get on is the stub street which is Short (inaudible) Avenue. If I may point that out. If you want to get on the Nine -right there. There's where the street is. If you want to get on this drain, that's where you can get on. You don't even need to take a walk to do that. Again, you don't have a right to get on there. In fact, this one that's already paved Meridian City Council Meeting October 5, 1999 Page 46 and in Sherwood is fenced off. You cannot use that. You'll be trespassing. Tf iere's a no trespassing sign right on my property the canal company put on. So even if you - if I have to lose a lot or you lose the value of four lots in putting these rights-of-way in, they're going to be for no good whatsoever. Now, I hate to bring up the law, but my research of the two cases I've cited in my letter, one is the City of Tigard, right up here in Oregon, recently United States Supreme Court decision, and a Nolan v. California Coastal Commission. One involved a requirement that you had to put a bike path along a stream before you could get a building, the right to build, the other one was along an oceanfront. Both of the times the United States Supreme Court, not Oregon, not California, the United States Supreme Court said that that was requiring the owner to provide that to his; in other words, require as the City of Meridian has done is a violation of the taking clause of the United States Constitution, 5th Amendment, applied to the States through the 14t" Amendment. I don't see any difference in requiring me to provide you with a $40,000 lot and degrade the value of the lots on the other side than exactly what are United States Supreme Court said was a taking without compensation. And I'm not here to be_obstructionist, I'm not here to try to take advantage. My engineer told me that we had a right to over 34 lots, but she said, "If you. want to make it nice, have larger lots, have a quality subdivision, we recommend 32." I did that. City didn't tell me to do that. I think it's going to be a quality subdivision. I'm respectfully asking that you approve this subdivision without requirement of those two rights-of-way being deeded to the City. Thank you, and I'd be glad to answer any questions. Corrie: Thank you. Questions? Bird: I have none. Corrie: Okay. Thank you, sir. Anyone else that would like to issue testimony? Sir. Riley: I'm Clint Riley. I'm President of Los Alamitos Subdivision. I live at 2076 East Three Bars. I don't see much problem with this subdivision except two major points or three as their entrance, their egress, and exit into the subdivision. Number one, they're imposing all their traffic through either Los Alamitos or Sherbrooke, and due to t;ie proximity of the subdivision, it's most likely going to go through Three Bars which brings me to my point. We, as a subdivision, have to assume a certain amount of liability in all of our common areas, so if anybody coming into the Tarawood Subdivision would happen to get in a wreck on our common areas, we're liable for that, if they so choose to push the issue. Which brings me to the question: Why should we have to increase our insurance policies for this gentleman to put in a subdivision? There hasn't been any consideration of that which is also going to slow down any type of fire, police, ambulance because they're going to have weave in all these little side streets. They should have to have some type of external access, their own access out to either Locust Grove or, well, that's really the only place to go with it. I wonder if they have approached Sherbrooke Hollows and discussed these problems with them. That's going to impose a lot of traffic on Easy Jet, Tagish Way and Three Bars at the ends, • Meridian City Council Meeting October 5, 1999 Page 47 and Time Zone. So what's that going to do to property value? You start adding that many cars on average with two to three trips, I'm sure, a day from each lot, that's 90 trips a day extra on Time Zone and at the very least on East Easy Jet. So maybe some consideration should be given to that. Maybe if they're willing to go with us, actually paying for the extra insurance we have to cover every year, that might be a consideration. But I don't think we should have to front that, increase all of our Homeowners Association dues to cover that. That's all I have to say. Corrie: Thank you. Riley: Any questions from anybody on the - Corrie: Staff? Bird: I have none. Bentley: I have none. Thank you. Corrie: Staff, do you have any questions? Stiles: Mr. Mayor and Council, I just had comments about Mr. Stoppello's testimony. I believe the two cases he's cited, neither one of them included a request for annexation and zoning. It's typical, our ordinance requires pedestrian walkways in the middle of long blocks to provide interneighborhood access. He is exceeding block length requirements when you consider the adjacent subdivision. This will be over 1,0,0 feet which would require variance. They're not stubbing to any adjacent property and providing a bridge over the Nine-Mile Creek which the City could logically require. This is an existing common area in Sherbrooke Hollows Subdivision. Staff would still request that there be an access to there. It is not a taking. It is a condition of a plat. It's a condition of annexation and zoning. If it were a taking, we would be restricting all viable and economical use of the property, and since he is requesting annexation and zoning, he is asking the City to increase his economic benefit. If we went and said we wanted a pathway through his alfalfa field, he may have a case, but he could continue to farm it for alfalfa and it would not be reducing his economic benefit that is existing today. I am aware of Nampa Meridian Irrigation District's problem with any pathways along the Ridenbaugh; however, with this existing pathway, we still ask, staff asks that this pathway be provided. We're not asking for a dedication to the City. It would be a pedestrian walkway owned and maintained by the Homeowners Association. As far as this pathway, this was an effort to not have the long block lengths and provide interneighborhood access, but there is still the argument that perhaps there should be a stub street to the adjacent property and that would simply be a condition of annexation and zoning and platting and it is not a taking. I defer to legal counsel if he has some guidance on that. • Meridian City Council Meeting October 5, 1999 Page 48 Corrie: Mr. Attorney. Rossman: Yeah. Mr. Mayor, I haven't had the opportunity to research this particular matter. I believe Mr. Rutherford has, and, certainly, if you have any questions of him, he can answer them hopefully. We did receive a letter from Mr. Stoppello indicating his concerns about a taking. I know Steve has looked at it and Bill has looked at it, neither one of them has expressed a concern that there is, in fact, a taking by that requirement. I know the general standard as whether or not something is a taking is whether the public benefit of the requirement is roughly proportional to the burden the development creates upon the public, the development itself creates upon the public. If there's a roughly proportional relationship between the two, it's certainly not a taking. I haven't read, personally, the two cases Mr. Stoppello has cited, but if Shari is correct that neither of them dealt with a request for annexation and zoning, then, obviously, there's a distinct factual difference between those cases and this. This type of thing is done quite often, and I don't know of a case directly on point relating to a request for annexation and zoning_ where they've held such a requirement to be a taking. If you have any - I don't know if Steve has anything further to offer. Corrie: Steve. Rutherford: Mayor, members of the Council, I think Eric hit it basically on the head. This Council would essentially need to make a finding that the burdens that this subdivision will place on the public are roughly proportional to what you're asking this gentleman to give up by way of pedestrian paths. In addition, I think Shari's point is well taken that at this point, really not denying him any economic viability, economic gain here on this land, this is a request for annexation and zoning, and at this point he has the option to say, "No thanks. I'm going to do something else." But at this point, my analysis would - and I have looked at this because we're going to be dealing with this on another matter here coming up, would be that this is not a viable (inaudible) condition. Corrie: Thank you. Does anyone else from the public like to issue testimony? De Meo: Good evening. Thank you. My name is Michael De Meo. My address is 1986 East Easy Jet Street which is in the Los Alamitos Subdivision. I did have two items, and I hope one of them is resolved. At the Planning and Zoning meeting, there was a major discussion, a lengthy discussion regarding that Lot 1 Block 1. That little piece that jets off to the left. I would hope that, like Mr. Stoppello said that it's either sold to the adjoining property owners or sold as part of Lot 3 and not be an island unto itself with really no value. Item 2, the irrigation system, the pump station that is in Los Alamitos serves Los Alamitos, Sher - I'm sorry, Raven Hill, and Salmon Rapids Subdivisions. According to the Nampa Meridian Water District, that system is at capacity. And they said that they had advised Briggs Engineering that the new subdivision should not be included on that, that it should come off of either Sherbrooke's Meridian City Council Meeting October 5, 1999 Page 49 system or Thousand Springs, and I would just like to know the status of that because, obviously, any of the people that live in those subdivisions, there is a problem with water pressure there, and we don't -the thing can't handle anything else, so I would like to know how that's going to be taken care of. Thank you. Corrie: Anyone else? Yes, sir. Jarvis: My name is Scott Jarvis. I live at 2048 East Three Bars Drive in Los Alamitos Subdivision. Like my neighbors had mentioned, I have some serious concerns of the way this proposed subdivision is lined out. To have the primary entrance is basically going to be coming through our subdivision. It's -the other practical way to get i~~ through Victory, through Sherbrooke Hollows isn't -most people aren't going tc, take that because it involves too many turns. I'm really concerned about what the traffic's going to do, the fact that we're going to be sharing -we're going to be taking the brunt of all of the traffic for this new subdivision, and they basically get to exist as an island without taking any of the responsibility for the traffic that's being generated. Not to mention during construction all the mud, the dirt, the debris, this will probably be taking place in winter when everything's nice and muddy. We're very concerned with that. And just like to ask City Council to take that into consideration as you take a look at this proposal that's in front of you. Thank you. Corrie: Thank you. Anyone else like to issue testimony? Yes, sir. Suttor: My name is Mike Suttor, 2620 South Locust Grove. I've got a question involving, I guess, Planning and Zoning. The walkway or what do you have proposed for Lot No. 3 and Block 1?The pedestrian pathway? Is it 10 feet? And where does it go? There's a ditch, there's no bridge; I don't even see a reason to have a patho/ay to nothing. I'm just curious where it goes. Stiles: -- feet is the pedestrian walkway. That's what our ordinance requires. We're still proposing that someday we will have a pathway along Nine Mile where it's fenced off on both sides. There is -this is all open. Suttor: Where you have your arrow right there, it's closed off on both sides of the road. Stiles: By a gate. Suttor: Yes. And then it's an actual wooden fence at the Lot No. 1. Stiles: A wooden fence covering this? Suttor: A wooden fence right across here which divides Los Alamitos from these homeowners, it comes down and runs along this (inaudible -walked away from the microphone) place it will open up will be here. and here. So I'm just curious what benefit Meridian City Council Meeting October 5, 1999 Page 50 a ten-foot easement to nothing. This will be fenced off per the development what I've been told. You can't get through this fence (inaudible) gated here, but it's all sealed off and no traffic, nobody walks in it, there's no activity, no dogs. I'm just kind of curious what kind (inaudible). Stiles: This would be subject to negotiation with Nampa Meridian. We have baen working with them. This is, I believe, the drainage lot in Los Alamitos which could be opened up at some point. When this property develops, I don't know if this is separate parcel, what that is. Suttor: This is a separate parcel? (inaudible) Stiles: This parcel when it was -when this property develops, this parcel will be included as a common lot that could connect with this other common lot that's being developed as part of this subdivision. As far as this, I don't know what the topography is out there. I don't know_ why it split off. Looks like another example of illegal lot splits out there. Suttor: (inaudible) it doesn't go anywhere. It doesn't seem to serve a purpose. (inaudible) comment (inaudible). Corrie: Okay. Anybody else like to issue testimony? Hearing none, I guess, t3ecky, you'd have the last answer to some of the questions. Bocutt: Yes. I'd like to respond to a few of these. I think Mr. Stoppello would like to make one last comment. The traffic impact: the stub streets that were provided by Los Alamitos Development and the Sherbrooke Hollows Development were incorporated for a purpose, and the purpose was to serve this property, and that's quite obvious. When traffic studies were done on Los Alamitos and Sherbrooke Hollows, those traffic studies took into consideration the maximum density which was probably, you know, they would look at say four units or 3.5 units per acre that could possibly be generated by this enclave and that traffic, where it would go based on the interstate, the interchange, et cetera. This project does not put these streets over their local designation which is what all these streets are. Contrary to the Los Alamitos residents' belief, not all traffic will go in one direction. We do see traffic, I've read both of the traffic studies. It does split in two directions depending on where people work. If somebody wants to go up to say the interchange at Eagle Road, they'll most likely get out to Victory. They'll want to go south. People don't like to have to backtrack, and that's typical. You may find some that will wind their way out to the vehicular bridge across the Ridenbaugh and go out Thousand Springs in that direction. This property has probably the most points of ingress and egress that I've ever seen on an isolated parcel. As far as the issue of the liability, if people are driving through there and there's an accident on the public street, I don't know how that's related to the Homeowners Association and their private lots. If they had some large private park that they were concerned about the liability of children • Meridian City Council Meeting October 5, 1999 Page 51 coming from this development, that'd be different. But that is not the case. I worked on the last phase of Los Alamitos, I'm not aware of any playground or park in that project. Nor is there one. within Sherbrooke. There's one pocket park, though. Lot 1 Block 1, it's a very strange parcel. It was created for access to this property. This property had only an easement for agricultural use off of Locust Grove through Mr. Suttor's property. That's my understanding, and that little leg that you see there, that Lot 1 Block 1, somehow that was incorporated as part of access for this property. I don't know where it originated. If it came off of Mr. Suttor's property, it would not have been an illegal split under the County Ordinance because the County Ordinance at that time looked at what they called natural barriers such as drains and canals, so it was never considered contiguous with the properties on the west anyway. We have plans for that Lot 1 Block 1. The main concern by the P & Z was we don't want to see a weed patch. We want to make sure it has a use. The optimum use for the property -for Lot 1 Block 1 is that it be conveyed to one of the adjoining properties. There are three lots, there in L~~s Alamitos. Those residents have called me, called Mr. Stoppello, they would iiN;e to incorporate that as part of their lots for their uses for gardens, et cetera, just to lengthen their rear yard. Mr. Suttor, I believe, has, or one of his other neighbors, has expressed some interest in it. So we have three options: It can go to the east or to the west or it can be incorporated as part of Lot 3. But we will not leave it as an isolated parcel and a weed patch totally unusable. The pressure irrigation, we have not determined exactly what route we're going to take. The closest pump station to us is the Thousand Springs/Sherbrooke Hollows regional pump station located at the northeast corner of Sherbrooke Hollows along the Ridenbaugh Canal. If that system is deemed to have capacity by Nampa Meridian who now owns and operates that system, then that would probably be the most likely point of access for pressure irrigation. The neighbors have concerns, they said that in -Los Alamitos they don't have adequate pressure. I don't know what the problem is. I have not discussed if Nampa Meridian's working on that or not. We have seen some subdivisions when they reach a point of build out, mine, for a prime example, we had to go on a rotation system where each resident, dependi~ig on their odd or even house number had a determined date for irrigation. That's one solution to their problem. I did some checking with the engineers on the amount of capacity. I don't believe Los Alamitos has the capacity to handle this development. I think it is, as the residents testified, at capacity. So our alternative would be the regional pump station for Thousand Springs or Sherbrooke or our own independent pump station. And two other things I'd just like to address. Lastly, the issue of block length. Shari brought up the fact that the block length when you consider the adjoining development, that puts us over the 1,000 feet. I don't think the intent of the ordinance was to count another subdivision's block length and tack my length onto it. This project, I mean, it's so small, it's so isolated, it's restricted by all these stub streets by the water ways, and I just don't think that was the intent of the ordinance, and I don't think that should be even taken into consideration. Stub street to Mr. Shipley's property, there is a stub street in Sherbrooke Hollows as you can see right there, and that stub street would be continuing up through those parcels and make secondary connections with those undeveloped parcels that front out to Locust Grove. They also have Locust • Meridian City Council Meeting October 5, 1999 Page 52 Grove frontage. So what I envision is probably another public street access out to Locust Grove, a connection there to the Sherbrooke stub street you see on the far west side at the corner there, and then. that would give vehicular linkage to this whole area and then with the vehicular bridge at Ridenbaugh, that ties in the whole center section. So this is a very well connected section. It has all developed in a relatively short number of years, and everything seems to be fitting together as far as pedestrian access and vehicular access. And please, like I said before, take consideration :he size of this project. We have existing ped paths, you're only asking people to walk a few hundred feet, sometimes 500 feet to get over to some of these existing pedestrian paths, and that's not a long ways. We don't want multiple points of access along these canals. I just - I have kids, and I don't think that's right. And if there's a ped path, if there's a pedestrian path there, then it's got to be open, and if the little two-year-old goes running up the pedestrian path and gets out somebody's front yard, we're going to have some tragedies, and that really worries me. Thanks. Stoppello: Mayor, members of the Council, I'll be real brief on just a number of points that were touched on. The ingress and egress, that was all done by Ada County. When Los Alamitos was going to be approved and then Sherwood was following thereafter, Ada County got involved and said we want access to my land. So they asked me to do a sketch, Briggs Engineering did a sketch of 36 lots, basically this subdivision, and Ada County lined up the southern ingress and egress and the two northern ones by their own hand. And as it has been pointed out, there are now going to be, if I may approach - Corrie: Frank, if you could use this microphone here. You can take it off the stand if you like. Stoppello: There's going to be, as I understand it, five accesses. There's going to be the bridge over to Thousand Springs. There's the access through Los Alamitos, there's the access through here on Locust Grove, there's already one here and one here coming down onto Victory. So there's five of them, and Ada County is the one who planned that. No one else. In fact, orginally, Ada County wanted to have two accesses to the south and then called me up and said, "Nope. We only want one." The one that goes into Sherwood. Their studies, all three developers did exactly what they were told to do. I didn't dream up those northern and southern ingress and egress routes. As to the law in this matter, I really don't think the Supreme Court said you have an exception when you have annexation. If, in fact, it's taking without compensation, which this truly is in a small subdivision like this. People can volunteer to do that if they have a large subidivison. That's fine. I just feel that I'm right on this and they're, number one:, if you even stay away from the law, which I know we don't like to get into a lot, but it's a stairway to nowhere. You simply cannot get an access onto that Ridenbaugh Canal. You can't. You never will. I don't care how many meetings you have with them. Number one, I don't know if they can grant an access. They are an easement holder; in other words, adjoining farmers on that canal came through granted them the access. • Meridian City Council Meeting October 5, 1999 Page 53 You're going to have to get permission from every farmer on that canal if you're ever going to get an access. Not Nampa Meridian. Nampa Meridian will never give: it to you. And again, both of them are accessed, as Mr. Suttor said on this side, they're an access to nowhere. And as I pointed out, I didn't even know about one, in my letter, there's an access, a potential access, a few short blocks away where the new bridge is going to be. There's the Hunter Canal which is one, two houses away on the canal that's already there. A perfect access. There is also this paved access that Sherwood voluntarily put in, but it is gated. You cannot go through there to get to the canal, and Becky told me tonight, and I think she must have also presented it, Sherwood has an additional access onto that canal. And as I pointed out in my letter, if you truly want to get onto a drainage ditch, the Nine Mile, all you have to do is get on right where the southern road is, Three Bars -Short (inaudible) Avenue, I~ believe it is. So there are accesses to nowhere. They do the public no good, they have no future chance in my opinion of ever being activated, and if they are, there's plenty of access within a short distance, and I'm required to pay that, and I respectfully believe that the situation is a taking. Thank you. Corrie: Thank you. I suppose (inaudible) take that -argue that case in court. Okay. Unidentified: Mr. Mayor, may I say one more thing on this? Corrie: No. You've had your chance. The last one who gets a chance is them. They get to answer the questions that you asked. Sorry. Unidentified: Can I just say one thing? Corrie: No. Okay. Counsel, at this point, Iwill -you can have a chance here because we have 20 that's going to come up again, so if you want to talk, you can at that point. I'm not trying to cut you off, but 20 is coming up and you can talk to -Council, I'll entertain a motion to close the public hearing on Item No. 19, or 20, so - Anderson: So moved. Bird: Second. Corrie: Motion is made and seconded that we close the public hearing on Item No. 20. Any further discussion? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Request for annexation, Council, discussion? Okay. If no discussion, I'll en#ertain a motion on the annexation and zoning request. If the findings on -- Bird: Findings of Facts and Conclusions of Law. • Meridian City Council Meeting October 5, 1999 Page 54 Corrie: Findings of Facts and Conclusions of Law - *'~'~ End of Tape 3 *** Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I had a question for Shari. Corrie: Okay. Bird: I have a heartache on this pedestrian pathway that dumps right on the Ridenbaugh Canal. Do we, as a City, accept liability by dumping it out on the canal? Stiles: The City hasn't entered into an agreement yet to take that responsibility, no. Bird: And I hope we never do. If we do, we need our heads examined. Okay. That's all. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just a point of discussion. I don't -seems logical to me that we should have required a stub street going out to the west more than a pedestrian pathway treat will allow a quicker access in and out of that and not burden the other streets so much, but I guess that's not what the recommendation is. I don't know what it would take for us to put that in, but I'd rather see something like that than I would a pedestrian pathway there. Corrie: You could request ACRD to .look into it. You can't request the street to be put in without their approval, but you could request it. That'd be the case, you'd have to do a new plat. Bird: (inaudible) Corrie: But right now we're looking at the annexation and zoning. Bird: Mr. Mayor. Corrie: Mr. Bird. Meridian City Council Meeting October 5, 1999 Page 55 Bird: There's no more discussion, I move that we approve the annexation and zoning of 12.801 acres for Tarawood Subdivision, Michelangelo Investments, LLC and for the attorney to draw up the Findings of Facts and Conclusions of Law showing suc~i. I don't know whether this is proper or not, but I, in the preliminary plat site-specific requirements, I am for erasing No. 5. I don't want to take responsibility. Corrie: Is that part of the motion that you'd like five removed? Bird: Yes. And I hope that it will show on the Facts and Conclusions of Law. Corrie: It will if that's your motion. Bird: That's my motion. Corrie: Is there a second to that? Anderson: May I ask for a clarification? You want to eliminate the whole thing or just one of the pedestrian pathways or - Bird: Just Lots 7 and 8 Block 3. The one that dumps out onto the Ridenbaugh. Anderson: I'll second it. Corrie: Okay. Motion is made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law on the annexation and zoning with the recommendation to set the requirements with the exception of Item No. 5 in Lot 7 and 8, Block 3 verbiage to be taken out in the 20-foot wide pedestrian pathway. Any further comments? Hearing none, all those in favor say aye. MOTION CARRIED: ALL AYES Corrie: Before we go to Item 21, have you had a chance to read that? Scott, if you want to -let's go back and pick up 18 and 19 and then we'll come back to 20. 18. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AN7 ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: CITY 19. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: • • October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: MICHELANGELO INVESTMENTS. LLC ITEM #: 20 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDNISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: REFER TO PACKET OF 9/21/99 ~ ~~~ ~ ~~ ~ w ~r~P G~` OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21.1999 _ APPLICANT: MICHELANGELO INVESTMENTS AGENDA ITEM NUMBER: 19 REQUEST: ANNEXATION 8 ZONING FOR TARAWOOD SUBDNISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ~ ~~~~ ~~~~~~5 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. !~ I i HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT ~2°3) 288-2499 • Fax 288-2501 Ci C il M CITY OF MERIDIAN ty ounc embers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH B[RD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 Aug o ~ ~9~ ~ . f i i c e MEMORANDUM: {-' ~ t ~ ~' t ~ =~ August 5, 1999 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins-Clark, Assistant Planner~~~ Re: Tarawood Subdivision - by Michelangelo Investments, LLC Request for Annexation & Zoning of 12.801 Acres to R-4 with a Preliminary Plat for 32 Homes (Gross Density of 2.81 Units/Acre; Net Density of 2.50 Units/Acre) We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING GENERAL COMMENTS 1. The legal description for annexation and zoning appears to describe the subject property, and complies with the requirements of the State Tax Commission and City of Meridian. An approved copy of the description has been delivered to the City Attorney's Office for their use in the preparation of an annexation ordinance. 2. Staff doesn't recommend a development agreement for this project. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. AZ-99-015 end PP-99-012 Terevood.AZPP.doc f Mayor, Council and P&~ August 5, 1999 Page 2 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 7. Respond in writing, to the each of the comments contained in this memorandum by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. PRELIMINARY PLAT SITE SPECIFIC REQUIREMENTS: 1. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District ~., 5~ amide-~~A_.foet•.amide-~pedestrian~a~hvv~~~~norr lot between, _ adjust ascent Iot~ine to ~provide~`~ie minimum street frontage, ~arid crew a foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association. 6. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Tarawood.AZ.PP.dce AZ-99.015 and PP-99-012 Mayor, Council and P&~ August 5, 1999 Page 3 7. Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. Tarewood.AZPP.doc AZ-99-0IS end PP-99-012 BEFORE THE PLANNING AND ZONING. COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION SOUTH OF LOS ALA,MITOS PARK AND NORTH OF SHERBROOI~E HOLLOWS Case No. AZ-99-015 RECOMMENDATION TO CITY COUNCIL BY MICHELANGELO INVESTMENTS, LLC INTRODUCTION 1. The property is approximately 12.801 acres in size. The property is located south of Los Alamitos Parlc and north of Sherbrooke Hollows Subdivision. The property is designated as Tarawood Subdivision. 2. The owner of record of the subject property is Michelangelo Investments, LLC, of 620 W. Hays Street, Boise, Idaho. 3. Applicant is owner of record. 4. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. 5. The Applicant requests the property be zoned as Low Density Residential (R-4). 6. The proposed site of the subject property is located north of Sherbrooke RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 7. The city limits of the City of Meridian are adjacent and abut to the north, south and east of the subject property with Ada County Rural Transitional (R-T) to the west. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family dwellings. 11. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. The Planning and Zoning Commission further recommends: 1.3 Applicant shall enter into a Development Agreement with the City. Z:\Work\M\Meridian 15360M\Tarawood Subdivision\/lnnexZon.Rec RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC i HUB OF TREA SURE ~gLLEY Mayor ROBERT D. CORRIE A Good Place ,.'? Live LEGAL UEPART~IENT ('U8) S3-t--4'_64 r CITY OF ME1cIDIAN ' wncil Mem rs , ORKS . ~ ~ PLBLIC ~~ CHARLES ROUNTREE , , ~ 33 EAST IDAHO ~ ~' , ' 1 ~LgUILDING DEPARTMENT cos axe ,~ 1 1 GLENN BENTLEY , „ , , MERIDIAN, IDAHO 83642 ;'- ^ ~ ~ ( ) - { ~~~ PLANNING AND ZONING RON ANDERSON ; , .~ Phone (208) 888-4433 • Fax (208) 887- ~ ` `,'~y ~ ~~' ,.~'. DEPARTMENT KEITH B[RD (?08) ~~34-jj33 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPIVTF.NT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS. LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDWN 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(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: h4ayor ROBERT D. CORRIE o moil M m rc CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH B[RD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT PUBLIC WORKS BUILDING DEPARTMENT roa) asp-'_21 I PLANNING AND ZONWG DEPARTivIENT (?08)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 ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS. LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z 4KEITH BORUP, P/Z ~ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~~~CJ '~~ /~ ~ ~G2:~~~ HUtt Uh lKLAJ'UKL VALLEY Mayor ROBERT D. CORRIE A Good Place to Live ~ITY LEGAL DEPARTMENT ('_~$) 331-1?61 ~,~~,I til mh rc OF MERID ~ PUB IC WO CHARLES ROUNTREE `~„ t i ~ ~ ~'~ 33 EAST IDAHO - L RKS ~ --BUILDING DEPARTMENT V GLENN BENTLEY MERIDIAN, IDAHO 836~i2 (''03) 837 „I I ~'1 ~ - RON ANDERSON ~ , , , Phone (208) 888-4433 • Fax (208) 887-4813 ' ' ; !J ~ ~9~ RLANMNG AND ZONING KEITH BIRD - - , _ ` ' :; DEPARTMENT ;~ ~ i >r : : ~ ~ ('03) 831-ij33 „k, T. ~: TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: AuAUSt 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS. LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, PR MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C ~LGLENN BENTLEY, C/C ~/ WATER DEPARTMENT:' SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: /I/O ~~-i.4,',~~ JUL 0 7 i~~9 6leridian City Wafer Su~Eril:tev.?e;lt SUPERINTENDENT Christine H. Donnell July 13, 1999 ~~~ ~ I,. ~ ~ ~l~ 911 Meridian Street • Meridian, {daho 83642 • (208) 888-6701 • Fax (208) 888-6700 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Tarawood Subdivision Elementary School: Mary McPherson Elementary School Middle School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is over capacity. Lake Hazel Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is also overcrowded. We can predict that these homes, when completed, will house seven (7) elementary aged children, five (5) middle school aged children, and five (5) senior high aged students. Sincerely, ~~~_~~ Ji Carberry, Administrator of Support Services BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • David Wynkoop • Steve Mann C~ CCj :-•-~ ~~ ~~ ~~---i :---~ NI~-~~ ~ ADA~OUNTY HIGHWAY DI~,RICT Planning and Development Division Development Application Report Preliminary Plat - Tara~vood Subdivision/MAZ99-015 e/o Locust Grove Road n/o Victory Road Tarawood is a 32-lot residential subdivision on 12.8-acres. The applicant is also reduesting annexation to the City of Meridian and a rezone from RT to R-4. The 12.8-acre site is located east of Locust Grove Road, approximately one half mile south of Overland Road. This development is estimated to generate 320 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development Bayou Bar Way Gold Bar Way Short Horn Avenue Loc~ist Grove Road ~y ~_. °'~ ~.. -L J L' L 2 ~ lgce Clay :~ F a,r . pity Clem ;. ACRD Commission Date -July 28, 1999 - 7:00 p.m. ~~~--~ :---~ '~ is '- %"'" \~~ ~ = i ~ o { ~ t `v `~ ( ( ~ +~! r~ E 1 4'" t I j ( T-. ( ~ /\~,~,~-ice yff~ I r ,•- ~r-----±~ .' ~X ~ ~ , ..~ p ~ ~ , ' ~ ~ ~ ~ ~ ~'~~ a a ~ SITE ~ ~', - - -- U - - ~ i' , _~ __ ___-- -- ~: _. , .. _, .. ;y _. _ ..._ _- , \ ~___- ~ __ w ` E - .-O .. _._ ... ,.. >- .. S Q .; Facts and Findings: C. ~ A. General Information Owner -Frank Stoppello -Michelangelo Investments, LLC Applicant -Briggs Engineering RT -Existing zoning R-4 -Requested zoning 12.8 -Acres 32 -Proposed building lots 286 -Traffic Analysis Zone (TAZ) -~--~ ~'~'~ West Ada -Impact Fee Benefit Zone ~ Western Cities -Impact Fee Assessment District r--~ -~ B~vou_ Bar Way Local with bike lane designation No traffic count available ~ 57-feet existing right-of--way (for portion already constricted) 50-feet required right-of--way for extension 4~--I Bayou Bar Way is improved with a 37-foot street section with curb, gutter and detached 5-foot ~, wide sidewalks. Bayou Bar Way stubs into this site at the north property line. r---a ~ Gold Bar WaT Local with bike lane designation No traffic count available 50-feet existing right-of--way (for portion already constricted) I 50-feet required right-of--way for extension. Gold Bar Way is improved with a 37-foot street section with curb, gutter and 5-foot wide ~~ attached sidewalks. Gold Bar Way stubs into this site at the north property line. CCU r---a Short Horn Av n i ~~ Local with bike lane designation No traffic count available 50-feet existing right-of--way (for portion already constructed) I 50-feet required right-of--way for extension Short Horn Avenue is improved with a 37-foot street section with curb, gutter and 5-foot wide ~~ attached sidewalks. Short Horn Avenue stubs into this site at the south property Line. :--~ ~-~ TARAbVOOD.C~I~~I Page 2 • • Locust C`7rove Road Minor arterial with bike lane designation ~,~ Traffic count 1~2 on 2-9-95 ~ 0-feet of frontage ~~ Locust Grove Road is improved with 2-lanes of pavement, with detached sidewalk on the west side of the road. ~ B. On July 19, 1995, the Commission reviewed and approved Los Alamitos No. 3, a 59-lot subdivision to the north of the subject site. As a condition of approval, the applicant of Los Alamitos No. 3 vas required to provide two stub streets to the south. Both stub streets, Bayou ~ Bar Way and Gold Bar Way, are constructed to the subject applicant's north property line. ~-4-a CU C. On May 21, 1997, the Commission reviewed and approved Sherbrooke Hollow, a 139-lot r"~ residential subdivision to the south of the subject site. As a condition of approval, the applicant ~~ of Sherbrooke Hollow was required to provide one stub street to the north. The stub street, Short Horn Avenue, is constructed to the subject applicant's south property line. D. On June 17, 1998, the Commission reviewed and approved Sherbrooke Village, a 31-lot residential subdivision, just south of Sherbrooke Hollow. ~~ E. Utility street cuts in new pavement less than five years old are not allowed unless approved in ~ writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. F. The applicant is proposing to connect with an existing stub street on the north side of the site, Bayou Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff supports the connection of this street between Lot 3, Block 1, and Lot 1, Block 2. Bayou Bar Way is constricted to the ~ applicant's north property line as a 37-foot street section, with 5-foot wide detached concrete sidewalk in 57-feet ofright-of--way. The applicant is proposing to extend Bayou Bar Way as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. ~~ District staff supports this connection. The applicant should coordinate the transition of the ~ sidewalk and right-of--way dedication with District staff. '--~ ~~ G. The applicant is proposing to connect with an existing stub street on the north side of the site, Gold Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff supports the connection of this street between Lot 9, Block 2, and Lot 15, Block 3. Gold Bar Way is constructed to the ~ applicant's north property line as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. The applicant is proposing to extend Gold Bar Way as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. _ District staff supports this connection. C~ ~ H. The applicant is proposing to connect with an existing stub street on the south side of the site, ~~ Short Horn Avenue, that is a part of Sherbrooke Hollows subdivision. Staff supports the connection of this street between Lot 8, Block 1, and Lot 1, Block 3. Short Horn Avenue is constructed to tl~e applicant's south property line as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. The applicant is proposing to extend TARAWOOD.CMM Page 3 Short Horn Avenue as a 37-foot street section, with 5-foot wide attached concrete sidewalk in _ 50-feet of right-of--way. District staff supports this connection. ~-1--a I. The applicant should be required to construct all public roads within the subdivision as 37-foot '--+ street sections with curb, gutter, and 5-foot wide concrete sidewalks within ~0-feet ofright-of- ~~ wav. J. The applicant is proposing to construct t~vo turnarounds in the subdivision. One is proposed at ~ the north end of Shorthorn Avenue, and the other is proposed at the east end of Talawood Avenue. The turnarounds should be ACRD approved with a minimum turnip, radius of 4~- feet. Submit a design of the turnaround for review and approval by District staff. -~--~ ~-f--~ K. The applicant is proposing to construct a knuckle on the south side of Talawood Avenue. Tl~e CCU applicant is proposing to construct a traffic island in the knuckle, which should be a minimum ~"'~ of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. ~~ The roadway around the traffic island should maintain a minimum of a 29-foot street section. The design should be reviewed and approved by ACHD's Planning and Development staff. 1 L. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. -~--~ ~ M. The existing transportation system will be adequate to accommodate the additional traffic '--~ generated by this proposed development with the requirements outlined within this report. ^~ The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: 1. ~ Extend Bayou Bar Way into the subdivision between Lot 3, Block 1, and Lot 1, Block 2, as a 37-foot street ti i ~ sec on, w th 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. ~ Coordinate the transition of the sidewalk and right-of--way dedication with District staff. '---~ ~~ 2. Extend Gold Bar Way into the subdivision between Lot 9, Block 2, and Lot 15, Block 3, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. ~ 3. Extend Short Horn Avenue into the subdivision between Lot 8, Block 1, and Lot 1, Block 3, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. ~ ~. L Construct all public roads within the subdivision as 37-foot street sections with curb, gutter, d 5 f ~--~ an - oot wide concrete sidewalks within 50-feet ofright-of--way. C~ ''~ 3. '~ Construct an ACRD approved turnaround at the north end of Shorthorn Avenue, and at the east end of Talawood Avenue, with a minimum turning radius of 45-feet. Submit designs of the turnarounds for review and approval by District staff. TARAWOOD.CM~i Paee 4 • 6. Constntct a knuckle on the south side of Talawood Avenue with a traffic island in the knuckle, ~,+ which shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed ~' to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. Submit designs of the knuckle for review and approval by District staff. 7. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Standard Requirements: ~---~ ~~--~ 1. A request for modification, variance or waiver of any requirement or policy outlined herein ~ shall be made in writing to the ACRD Planning and Development Supervisor. T- he rea. lit ~~ shall specifically id ri Ify ea h rP 1~irPmPnt to hP rarnncirlPrar~ ~nrl in~l~~r~P ~ ~.yritt n e7c lanation of why such a rP4ulremPnr WO old rPSnit ,n 't c~,h~t~nr;~t h~rrich~p or ine~i,tjty The wri Pn request shall b lbmi d to h Dis ri no l~ r han 9.00 ~ m on he day scheduled for ACHD Commission a ion 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 ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall ~ ~ ~ 1 illy id n ify each requirement to be reconsider d and incl tde writ en do nmPntat;nn of data that w~ no available to tha ('nmmiccinn ar tha tin,a nf;}~ ~r;ginal 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. '--i T~ 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, Construction Services ~~ procedures and all applicable ACHD Ordinances unless specifically waived herein. An L}.--r engineer registered in the State of Idaho shall prepare and certify all improvement plans. ^-~ 5. The applicant shall submit revised plans for staff approval, prior to issuance of building pernlit ^~ (or other required permits), which incorporates any required design changes. TARA WOOD.CMM Pa<_e 5 ~-~-~ ~~ ~~~--~ CCU :~--~ ~~ C~ Cv '--a c: • 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. It is the responsibility of the applicant to verify ail existing utilities within the right-of--way. Existing utilities dammed by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-3=I2-1~8~) at least two frill business days prior to breaking ;round within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled} are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. ~- CC~ ~~ ~-I--a TARAwOOD.CMN1 Page 6 CENTRAL CE RAL DISTRICT HEALTH DEPAR r1ENT •• DISTRICT Environmental Health Division ~11"HEALTH DEPARTMENT ~- ...13.ezone # ~ ~ i ~ ~ - d /.~ Conditional Use # Preliminary /Final /Short Plat ~ ,~ //~ f¢ Gy cock .Sc~ ~i d ~ c /c»/ Return to: ^ Boise ^ Eagle ^ Garden City ,~ Meridian ^ Kuna ^ Acz I . We have No Objections to this Proposal. ~ , 1 '~, n ^ 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. Date: Z/1~jr_-/~ Reviewed By: ~~~~~Hl Review Sheet coxo iaroi ~. ~~. u9~ t li ~ -~ ; i Cif (3~ ~`.~`~_~,'',~ {,>- i _..r 1 'hadx~ia 8i ~le~cid~aoi ~Ivcigatca~ Z~ta~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, Gty Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampo 466-7861 SHOP: Nampa 466-0663 Re: AZ-99-015 Annexation and Zoning for Tarawood Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Biil 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 July 13, 1999 • • nv^rv~1~Nkl^I ANII <'~/(tNNk~.uk:~ AT LAW li'lU wp;N'P 11nYa ~'rRIi14T HulNlt, II~AI111 H:ITIrt P•kANi~ W. F?UI'Ptcl.i.il •r~r.mrru)N>!: ('lUtl) y9ti-1020 J IC M-tY A. h'ISi:li Sepr.emk:eL 17, 1 999 ~r~~~~rwrl.r. (~oxl asu IuaT TRANSMIT"TED VIA FACSIMILE AND SE:.NT SY U.S. MAIL Mayor Robert Corrie Councilman Glenn Bentley City of Meric~idrl City of. Meridian ;i3 E. Idaho Street- 33 F'. Idaho Street Me r.irii~~n, rn e:i692 Meridian, ID 83692 Councilman Kon Anderson City of Meridian 33 E. Idaho Street Meridian, ID 83692 Councilman Keith Bird city of Mericiiar) 33 E.. Id~-ho Street Mpridi~n, ID 836d~ Councilman Charlie Rountree William e'. Giyray City of Meridian Meridian City Attorney 33 E. ldaho Street ~~. 0. Box 1150 ML L'1Clldtl, ID 83642 MCl-idian, ID ©3680 R~: Tarawnnri ~Irh~ii vi tii nn Dear Mayor and Councilmen: I write as the owner of the proposed Ta.rawood Subdivision which i~ ochcduled for hoarinq.^, beiorc the MAridi~n City Council on September 21, 1999 at 7::iU p.tn. The staff has recommended a 10 food public easement along Lol 3, Block 1 to the: Nine Mile Drain on the western boundary of the Subdivision and, a 7.0 foot public easement between i.or.s '~ and 8, Kt oc:k 3 leading to the ltidenbaugh canal on the P.~3StE:L'Il k~ourrcid r y ut tlw Subdivisior-. The Meridian Planning & %oning Commission approved the Subdivision subject to some Buhl i~- .1(~l~(?Rfi nn any ~~f i hr 1ntS that border the Ri.denbaugh Cana] . Tarawood is a small 32 lor., Lill-in subdivision. The requirement of a 10 Loct public e~~sement to the Nine Mile Drain outs v££ a nc~cl-buildable one half acre plat of .land from Lot 3, Block 1 and diminishes the value ~L' Lot 3. If adjoining neiyhhnrs do not purchase the one-half acre Lot, my plans are to sell it with Lot 3, Block L. Obviously this cannoC happen if the public easement is required. Iri addition, moving the public easement would dramatically ~aiLect the ve~iue oI the two (2) 1~t5 adjacent to the public. easement, and rncans those lots will be di~eounted to my financial detrim~~nl. SEP 17 '99 12 30 208 336 1020 PAGE.02 • September 17, 1999 Page Two The required 20 toot publir_ Pas~Pment on the Ridenbaugh Canal would remove one lot from the subdivision that is valued between 535,000.00 and 540,000.00. tjoth easements are ar no benetit to the public due to the facl_' that Nampa/Meridian Irrigation District will not allow public access to these easements. Also, the easements arc not needed, due tc the tact there arP several points of access to both the Nine Mile Drain and the Ridanhaugh Canal in the immediate vicinity of Tarawood Subdivision. 1 have enclosed a Vicinity Map of Tarawood Subdivision. Please note, (1) is E. Tutee BdLS Dtive wliiLf~ will t,.:tuSS t.tlc Ricli:t~bauyh Canal; (2) i5 the Hunter Lateral access which has been covered and could also provide access for PvPryonP i n 'I'a rawnnci Si~l^~i i vi .~ inn : ( ? ) i s a public right-of-way in the Sherbrooke Hollows Subdivision that lies immediately adjacent to 'I'ar.awood Subdivision; and, (9) is the crossing of Shorthorn Avenue and the Nine Mile Drain which would provide access to the Nine Mile Drain. The granting ~f such easements would cost me loss of the value of those lots or, an actual loss an expensive lot for no justifiable reason, and without compensation to me. Such requirements are a taking without just compensation in violation ut l,tie t,akiny c;ldusc of t_h~; United Stares ConsLituLi.on, t~ifth Amendment, applied to the States through r.he Fourteenth Arnendrnent of the United States r'onstitutiori. I specifically direct your attention to Dolan v. C1LV Uf Tica~lyd, `~12 US 374, 129 L Ed 2d 309, 119 S Ct 2309 (1999); Nollan vs. California Costal Commission, 983 US 825, 97 L Ed 2d 6'~'/, lU7 S Ct 3141 (1987). Both cases pertain to similar public easement requirements which were held to be unconstitutional. 7n nl nsi ng, t.hPrP i 5 l i tt l P of any l nr3 i l i mate state interest in requiring me to provide public access treat (1) is not needed because of other access; (2) cannot now or in the immediate tuture, ever be useC for access; und, (:i) is required without compensation to the owner. Such a taking of my real property without rea3onablc componJaLiori i~ a dcrliol of my Constitutional Rights. I respectfully request Lhe City of Meridian remove the two requirements for ptab]ic access across lots of the Tarawood Subdivision. SEP 1? '99 12 30 208 336 1020 PAGE.03 • • September 17, 1999 Psge Thr.Pe would you please make this letter part of the Public Record for hearings before tt~e City Council on September 21, 1999. Sincerely, W . t'rank w. 5toppello 1lttornPy at l,aw FWS:jwf Enclosure SEP 17 '99 12 31 208 336 1020 PAGE.04 ~' 1~ ~ coon...r I \\ ,,/ ,+ ~ \ R-4 ~ ~/ . t- ~.. ~~ 1.? IW jOK d~ N e~..11e.~fw ~.' i.ul.s/tt v i ,~~ _ ttwiaursa~ p N 7~ S iiN~df l1 1 ~ .~ ~ ~1 ~, y- ~~ 12 11 '~ 1 1 .1 ~~. 6 ~ 13 t,pCK 3 d ~ 5 10 ~ 16 ~, 2 S~}Q. 2 ~ ~= g 9 ~s ~4 10 9 ~ ~ ~ r •• ,•' •9~'•,.,q 6 ~,~~ E TruAwOOO ~ _ . 9 , ~0~~ _4t1V"' ' i~ 1 2 ~ a 5 e 7 0~5 9~9t0 ~ 1', ~ $~; ce-e.r,.a~ ~4O ~~~~ ~~~t ' ~ •a VICINITY MAP T,~woon svsnivisioN PORTION SW 1/4 SECTION 20, T3N, R1E, B.M. ADA COUNTY, IDAHO SCALE: 1" ~ 300' TOTAL P. 05 SEP 17 '99 12 31 208 336 1020 PAGE. 05 C • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 63 16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 18. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC SOUTH OF LOS ALAMITOS PARK 8~ NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 20. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC--SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) Rountree: For those of you who have been here all night listening to hearings, it's past 10:30, and we will not open by recommendation of the Council additional public hearings this evening. Those hearings, point of information from Council, we should continue those; is that correct? Anderson: To a date certain. Rountree: To a date certain? Do we have to do that on each individual one or can that be done as a group? Gigray: Mr. President, members of the Council, I believe that if you entertain a motion with regards to all the public hearings so long as you list the items on the agenda that you'd be referring to, and then list the date certain upon which those public hearings will be conducted. I suppose you're looking at October 5~'. Rountree: Mr. Bentley. ! • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 64 Bentley: Mr. President, I would move that we continue the public hearings for Items No. 13 through Item 20 until October 5"', 1999, and that is on the revised 9/20/99 agenda. Bird: Second. Rountree: Been moved and seconded to continue public hearings on .agenda Items No. 13, 14, 15, 16, 17, 18, 19 and 20 until our next regularly scheduled meeting October 5"'. Any discussion? All those in favor? MOTION CARRIED: ALL AYES Rountree: t'm sorry for that; because of the lateness of the evening we've got to move on. Everybody understand that it'll be October 5~'? Okay. It'd be on the front of the agenda. We won't have anothertwo-hour hearing between you and - Bentley: Table the rest? Rountree: Well, we can move on the rest if -- i mean, it shouldn't take Bird: Shouldn't take as long to go through these. 21. REQUEST FOR FINAL PLAT OF TREMONT PLACE SUBDIVISION NO. 1 AND 2 BY LARRY HANSEN AND LUNA VISTA, INC. -BROADWAY AND 8T" STREET (951 W. PINE): (APPROVE) Rountree: We've just got some preliminary plats. Next on the agenda would be Item 21, the final plat for Tremont Place Sub No. 1. Staff, any comments? Stiles: Mr. President, Council, this is for the Tremont Place Subdivision, it was submitted as No. 1 and No. 2. This area right here, the Hansens owned and they decided to combine these two plats for a final plat. We have received a response from the applicant; they have indicated concurrence with our recommendations, and we would recommend approval. Rountree: Any questions for Shari? Bird: I have none. Rountree: It doesn't appear that there is anybody here representing the applicants. Was Bob -okay. He's gone. Need a motion for consideration of the final plat for approval. Bentley: Mr. President. MERIDIAN CITY COUNCIL MEETING: SEPTEM6ER 21,1989 APPLICANT: MICHELANGELO INVESTMENTS AGENDA ITEM NUMBER: 19 REQUEST• ANNEXATION $~ ZONING FOR TARAWOOD SUBDMSION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS C~ ATtAC1-gip ~n'1~fis SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS v~ ~+ ~fi~~~ ~,~ 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 (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN Crty Coanctl Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208)884-5533 • Faz 887-1297 ~1 ~ s. , d_~ T ~;'l. . AIiG (~ 199 Z + S. MEMORANDUM: ' ~ ~ i~ ~ ~- _ ~ ~ ~ ~ ~ ~ ~' ~ August 5, 1999 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins-Clark, Assistant Planner~~~ Re: Tarawood Subdivision - by Michelangelo Investments, LLC Request for Annexation & Zoning of 12.801 Acres to R-4 with a Preliminary Plat for 32 Homes (Gross Density of 2.81 Units/Acre; Net Density of 2.50 Units/Acre) We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING GENERAL COMMENTS The legal description for annexation and zoning appears to describe the subject property, and complies with the requirements of the State Tax Commission and City of Meridian. An approved copy of the description has been delivered to the City Attorney's Office for their use in the preparation of an annexation ordinance. 2. Staff doesn't recommend a development agreement for this project. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. Tarawood.AZ.PP.doc AZ-99-015 end PP-99-012 Ma or Council and P&Z Y August 5, 1999 Page 2 4, Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 7. Respond in writing, to the each of the comments contained in this memorandum by noon the day of the scheduled heazing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. PRELIMINARY PLAT SITE SPECIFIC REQUIREMENTS: 1. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District 5. Provide a 20 foot wide pedestrian pathway common lot between Lots ? & 8, Block 3, adjust adjacent lot line to provide the minimum street frontage, and create a 10 foot wide common azea in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots aze to be owned and maintained by the Home Owners Association. 6. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Tarawuod.AZPP.doc AZ-99.015 and PP-99-012 M or C uncil and P&Z ay o August 5, 1999 Page 3 7. Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. Tarawood.AZPP.doc r1Z-99015 and PP-99-012 BEFORE THE PLANNING AND ZONING. COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION SOUTH OF LOS AI..AMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS Case No. AZ-99-015 RECOMMENDATION TO CITY COUNCIL BY MICHELANGELO INVESTMENTS, LLC INTRODUCTION 1. The property is approximately 12.801 acres in size. The property is located south of Los Alamitos Park and north of Sherbrooke Hollows Subdivision. The property is designated as Tarawood Subdivision. 2. The owner of record of the subject property is Michelangelo Investments, LLC, of 620 W. Hays Street, Boise, Idaho. 3. Applicant is owner of record. 4. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. 5. The Applicant requests the property be zoned as Low Density Residential (R-4). 6. The proposed site of the subject property is located north of Sherbrooke RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 7. The city limits of the City of Meridian are adjacent and abut to the north, south and east of the subject property with Ada County Rural Transitional (R T) to the west. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family dwellings. 11. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. The Planning and Zoning Commission further recommends: 1.3 Applicant shall enter into a Development Agreement with the City. Z:\Work\M\Meridian 15360M\Tarawood Subdivision\ElttnexZon.Rec RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - TARAWOOD SUBDIVISION MICHELANGELO INVESTMENTS LLC NUB OF TREASURE VALLEY Mayor A Good Place~~ Live LEGAL DEPARTMENT ,.. ROBERT D. CORRIE (308) 884-1264 Council Members PUBLIC WORKS CITY OF ME:IDIAN 33 EAST IDAHO ` ~'ol 1! -J~UILDING DEPARTMENT CHARLES ROUNTREE ~ i , r _ (308)887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 ~ ~''' Phone (208) 888-4433 • Fax (208) 887-~"3 !~ ~~g1~ PLANNING AND ZONING RON ANDERSON ~' a * ` ~ '~ - DEPARTMENT ~.~ ._ KEITH BIRD J :' (208) 884-5533 . ~, ~_. +".i ~. 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 ,Merid,~i Planning 8~ Zoning Commission, please. submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS. LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P2 THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~pCyL1CE DEPARTMENT' CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS tRRIGATiON DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (308)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS. LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P2 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 ~~IRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~~~~ ~~ r HUtt Uh %KL'AJ'UKK VALLEY KEITH BIRD ~` DEPARTMENT `~i t 1 (208) 88.1-1533 ~, ~=r, _; r• 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 Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (,~~) 881 ~,6~ Council Members TY OF MERIDI PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO '" "' t y~j' -~ LDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 ~ ,, , : ~''1~(208) 887-~~ I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 " '' ' t~ ~ 1~LANNING AND ZONING X99; , Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS. LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C ~INATER DEPARTMENT* SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS:'~,~~i-i~9~'~--5 JUL 0 7 i~~g Meridian City Water Superilrtenderl t 9MMr SUPERINTENDENT Christine H. Donnell July 13, 1999 ~a'"- ` 8 199u 911 Meridian Street • Meridian, Idaho 83642 • (208) City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: l • Fax (208) $88-6700 Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Tarawood Subdivision Elementary School: Mary McPherson Elementary School Middle School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is over capacity. Lake Hazel Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is also overcrowded. We can predict that these homes, when completed, will house seven (7) elementary aged children, five (5) middle school aged children, and five (5) senior high aged students. Sincerely, ~~ Ji Carberry, Administrator of Support Services BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • David W)~nkoop • Steve Mann ~~~---~ CCU ~--~ ~~ 1 ~~~ C~ --~ D ~~ CCU -i ~~ 1 `~I-~ V M~-~l ~ ADA ~OUNTY HIGHWAY DIS~RICT Planning and Development Division Development Application Report Preliminary Plat '~>av`~~'~MAZ99-015 e/o Locust Grove Road n/o Victory Road Tarawood is a 32-lot residential subdivision on 12.8-acres. The applicant is also requesting annexation to the City of Meridian and a rezone from RT to R-4. The 12.8-acre site is located east of Locust Grove Road, approximately one half mile south of Overland Road. This development is estimated to generate 320 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development r-1 N W ` `, E S ~- u~ Bayou Bar Way Gold Bar Way Short Horn Avenue Locust Grove Road ACHD Commission Date -July 28, 1999 - 7:00 p.m. r ~ r ~ ! ; ~.. ~ _, 1, } _ _:_ _., ~=-" _ ~. _ ~ Q m- yea { _.. ~~, - -- Q -- .!Ib _. SITE ~-~' ~~ C' Ij. Jv Cite f~f ~.~F ~.~ '~^r~ City CierF, ,:f;~csr: 1 ~~~ ~~, Facts and Findings: L}~..~ A. General Information CCj r`-'~ Owner -Frank Stoppello -Michelangelo Investments, LLC ~~ Applicant -Briggs Engineering RT -Existing zoning R-4 -Requested zoning 12.8 -Acres 32 -Proposed building lots 286 -Traffic Analysis Zone (TAZ) ~ West Ada -Impact Fee Benefit Zone ~ Western Cities -Impact Fee Assessment District .-~ ~~ Bavou Bar Wav Local with bike lane designation No traffic count available I 57-feet existing right-of--way (for portion already constricted) 50-feet required right-of--way for extension ~~ Bayou Bar Way is improved with a 37-foot street section with curb, gutter and detached 5-foot ~ wide sidewalks. Bayou Bar Way stubs into this site at the north property line. --~ Gold Bar War Local with bike lane designation No traffic count available 50-feet existing right-of--way (for portion already constricted) i 50-feet required right-of--way for extension. Gold Bar Way is improved with a 37-foot street section with curb, gutter and 5-foot wide ~'~~_"~' attached sidewalks. Gold Bar Way stubs into this site at the north property line. CCU Short Horn Aven ~ . ~~ Local with bike lane designation No traffic count available 50-feet existing right-of--way (for portion already constricted) i 50-feet required right-of--way for extension Short Horn Avenue is improved with a 37-foot street section with curb, gutter and 5-foot wide ~ attached sidewalks. Short Horn Avenue stubs into this site at the south property line. ~-E---a CU ~~ TARAWOOD.CMM Page 2 Locust Grove Road Minor arterial with bike lane designation ~_'~"' Traffic count 152 on 2-9-95 ~ 0-feet of frontage :--~ ~~ Locust Grove Road is improved with 2-lanes of pavement, with detached sidewalk on the west side of the road. ~ B. On July 19, 1995, the Commission reviewed and approved Los Alamitos No. 3, a 59-lot subdivision to the north of the st-bject site. As a condition of approval, the applicant of Los Alamitos No. 3 was required to provide two stub streets to the south. Both stub streets, Bayou ~ Bar Way and Gold Bar Way, are constructed to the subject applicant's north property line. ~-f---~ C~ C. On May 21, 1997, the Commission reviewed and approved Sherbrooke Hollow, a 139-lot '"~ residential subdivision to the south of the subject site. As a condition of approval, the applicant ~~ of Sherbrooke Hollow was required to provide one stub street to the north. The stub street, Short Horn Avenue, is constructed to the subject applicant's south property line. D. On June 17, 1998, the Commission reviewed and approved Sherbrooke Village, a 31-lot residential subdivision, just south of Sherbrooke Hollow. ~~ E. Utility street cuts in new pavement less than five years old are not allowed unless approved in ~ writing by the District. Contact Construction Services at 387-6280 (with file numbers) for ~ details. ^~ F. The applicant is proposing to connect with an existing stub street on the north side of the site, Bayou Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff supports the connection of this street between Lot 3, Block 1, and Lot 1, Block 2. Bayou Bar Way is constructed to the ~ applicant's north property line as a 37-foot street section, with 5-foot wide detached concrete sidewalk in 57-feet ofright-of--way. The applicant is proposing to extend Bayou Bar Way as a •' 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. L~ District staff supports this connection. The applicant should coordinate the transition of the ~ sidewalk and right-of--way dedication with District staff. '--~ G. The applicant is proposing to connect with an existing stub street on the north side of the site, Gold Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff supports the connection of this street between Lot 9, Block 2, and Lot 15, Block 3. Gold Bar Way is constructed to the ~ applicant's north property line as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. The applicant is proposing to extend Gold Bar Way as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. District staff supports this connection. ~~~--~ ~ H. The applicant is proposing to connect with an existing stub street on the south side of the site, ~~ Short Horn Avenue, that is a part of Sherbrooke Hollows subdivision. Staff supports the connection of this street between Lot 8, Block 1, and Lot 1, Block 3. Short Horn Avenue is constn-cted to the applicant's sot-th property line as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. The applicant is proposing to extend TARAWOOD.CMM Page 3 • • Short Horn Avenue as a 37-foot street section, with 5-foot wide attached concrete sidewalk in SO-feet ofright-of--way. District staff supports this connection. ~- ~ I. The applicant should be required to constrict all public roads within the subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of- way. The applicant is proposing to construct two turnarounds in the subdivision. One is proposed at the north end of Shorthorn Avenue, and the other is proposed at the east end of Talawood Avenue. The turnarounds should be ACRD approved with a minimum turning radius of 45- feet. Submit a design of the turnaround for review and approval by District staff. -~--~ ~+--I K. The applicant is proposing to construct a knuckle on the south side of Talawood Avenue. The C~ applicant is proposing to construct a traffic island in the knuckle, which should be a minimum '"~ of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island should maintain a minimum of a 29-foot street section. The design should be reviewed and approved by ACHD's Planning and Development staff. 1 L. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. -~ ~ M. The existing transportation system will be adequate to accommodate the additional traffic .'--~ generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Extend Bayou Bar Way into the subdivision between Lot 3, Block 1, and Lot 1, Block 2, as a ~~ 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. ~ Coordinate the transition of the sidewalk and right-of--way dedication with District staff. r--~ ~~ 2. Extend Gold Bar Way into the subdivision between Lot 9, Block 2, and Lot 15, Block 3, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. ~ 3. Extend Short Horn Avenue into the subdivision between Lot 8, Block 1, and Lot 1, Block 3, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. -~--+ 4. Construct all public roads within the subdivision as 37-foot street sections with curb, gutter, ~-1-a and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. C~ 5. Construct an ACRD approved turnaround at the north end of Shorthorn Avenue, and at the east end of Talawood Avenue, with a minimum turning radius of 45-feet. Submit designs of the turnarounds for review and approval by District staff. TARAWOOD.CMM Page 4 6. Construct a knuckle on the south side of Talawood Avenue with a traffic island in the knuckle, ~~ which shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed ~ to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a '~ 29-foot street section. Submit designs of the knuckle for review and approval by District staff. 7. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Standard Requirements: -~--~ ~+~ 1. A request for modification, variance or waiver of any requirement or policy outlined herein ~ shall be made in writing to the ACRD Planning and Development Supervisor. Thy '~ shall s ecifically identify each req i~ irement to be reconsidered and include a written expjana io ~~ of w v such a requirement would re Lilt ;n a s-ihstant;al hardsh;p or ineq ~;ty The written A HD ommi ion a .t;nn 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 six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall ~ snecifically iden ifv each re~»;r ment to hP rP~nrnirl?rer~ and ;n~t„r1P ~xrrittpn rlnri~mpntatinn ..f data that was not available o he C'ommi Sion at he time of i s original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the ~~ Commission. If the Commission agrees to reconsider the action, the applicant will be notified ~ of the date and time of the Commission meeting at which the reconsideration will be heard. '~~ 3. Payment 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, Construction Services -~ procedures and all applicable ACHD Ordinances unless specifically waived herein. An ~ engineer registered in the State of Idaho shall prepare and certify all improvement plans. ~~, 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. TARAWOOD.CMM Page 5 6. Constriction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. C~ ~ 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. --~ Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ~~ ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are ~ compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing ~ and signed by the applicant or the applicant's authorized representative and an authorized ~~}--.1 representative of the Ada County Highway District. The burden shall be upon the applicant to C~ obtain written confirmation of any change from the Ada County Highway District. '--~ 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in 1 interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. ~- C~ ~~ Conclusion of Law: ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. ~~ CCU .`--~ ~~ ~- CU :---~ TARA WOOD.CMM Page 6 CENTRAL C •• DISTRICT ~iRHEALTH DEPARTMENT z- Conditional Use # Preliminary /Final /Short Plat L DISTRICT HEALTH DI Environmental Health Division - d /.S~ Return to: ^ Boise ^ Eagle ^ Garden City ,~ Meridian ^ Kuna ^ Acz ~i2~wacc~ad .Su6c~<`d~r/o~,/ ;. r lyl I . We have No Objections to this Proposal. J U ~ ~ 6 ~99~ J^~ 2. We recommend Denial of this Proposal. C~~' QF ~» ~~9;~g~?_-'~~~ ^ 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. ^ 1 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. Date: Z/tom/~ Reviewed By: ~il~/~,.A~J' Review Sheet (DHD 10/91 r~, rev. 1/91 ~ ~ J U L 1 5 1999 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk city of Meridian 33 East Idaho Meridian, ID 83642 Re: AZ-99-015 Annexation and Zoning for Tarawood Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, .~rY.r- 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 July 13, 1999 Sep 17f1999 12~21PM FROM stoppello law TO 887 if'ftnNK W. y'1'Ol'T'r:I.I~<) n'1•a'IINNRY:~I ANif CffUN:+fc1.11Fey AT LAW G'lU WMN'P IIAYN ?ITRIi1.T Hulxk. IllAlfll f1:f71rv H`kANK W. (:TUI'i'Kl.l.i) •r>tir.mrILUN1S ('tUd) 9yti-1020 JICNNV A. h'I:SL;N Sepremk~cr 17, l 999 f~nltt+fMR.R (aoffl aau iux7 TRANSMIT"I'ED VIA FAGS 1 MILIr AND SENT BY U.S. MAIL Mayor Robert Corrie Councilmar) Glenn Bentley City of Me.ricJidrl City of. Meridian 33 E. Idaho Street 33 r'. Idaho Street Meridian, Tn 83612 Meridian, ID 83692 Councilman Kon Anderson City of Meridian 33 E. Idaho Street Mcridian, ID 8367. Councilman Keith Bird C:].Ly of Mericiidn 33 F.. Idaho Street MPri.dian, ID 836d~ Councilman Charlie Rountree William h'. Giyray City of Meridian Meridian City Attorney 33 E. ldaho Street 1'. ~. Box 1150 Me;t~idiarl, ID 83692 Meridian, ID Q3680 Re : Ta rawnn~i Slrh~l i v i ti i ran Dear Mayor and Councilmen: I ~rrite as the owner of the proposed Ta.rawood Subdivision which i~ ~chcduled for hearing.^. bciore the Meridian City Coun(-i1 on September 21, 1999 at 7:30 p.ln. The staff has recommended a l0 fo4~ public easement atanq Lal. 3, Block 1 to the Nine Mile Drain on the western boundary of the Subdivision and, a ?.0 foot public easement between I.ats '~ and 8, Fitac:k 3 leading to the ltidenbaugh canal on the P. c3StE:L'Il tuour,c~d r y ui tllu Suuaivi5ivn. Thc: Meridian Planning & %aning Commission approved the Subdivision subject to some puhl i ~~ ,Ir~r~ns, nn any i~f t hr 1 afis that border the Ridenbaugh Cana]. Tarawood is a small 32 lor., Lill-in subdivision. The requirement of a 10 Loot public easement to the Nine Mile Drain cuts ofF a rl~r,-l~uil~ial~le one hsli acre plat of land from Lot 3, Block 1 and diminishes the value vt Lot 3. If adjoining nPic~hhnrs da not purchase the aria-half acre Lat, my plans are to sell it with Lat 3, Block 1. Obviously this cannot happen if the public easement is requarPd. Ir) addition, moving the public easement would dramatically aiiect the value of the two (2) 11,5 adjacent to the public easement, and rncans those lots will be di.~eounted to my financial detriment. SEP 1? '99 12 30 208 336 1020 PAGE.02 Sep 17 1999 12~22PM FROM stoppello law TO 8874813 P.03 September 17, 1999 Page Two The required 20 £oot publir_ easement on the Ridenbaugh Canal would remove one lot from the subdivision that is valued between X35,000.00 and 540,000.00. Both easements are ar no benefit to the public due to the fact that Nampa/Meridian Irrigation i)istri.ct will not allow public access to those easements. Also, the easements are not needed, due to the fact there are several points of access to both the Nine Mile Drain and the RidPnhaugh Canal in the immediate vicinity of Tarawood Subdivision. 1 have enclosed a Vicinity Map of Tarawood Subdivision. Please note, (1) is E. TtiLee Bans DLive wliic;ti will. uru55 the Ricli:r~baugh Canal; (2) i~ the Hunter Lateral aoc:ess which has been covered and could also provide access for PvpryonP i n `I'arawnnd Stthrii vi si nn; ( 3) i s a public right-of-way in the Sherbrooke Hollows Subdivision that. lies immediately adjacent to 'I'ar.awood Subdivision; and, (4) is the crossing of Shorthorn Avenue and the Nine Mile Drain which would provide access to the Nine Mile Drain. The granting of such easements would cost me loss of the value of those lots or, an actual loss an expensive lot for no justifiable reason, and without ~:ompPnsation to me. Such requirements are a taking without just compensation in violation ul the taking c;ldu5c; v£ the United Sr.ar.es COnSLiLULlOn, r~ifth Amendment, applied to the States through r.he Fourteenth Amendment of the United States ~'onstitutiori. I specifically direct your attention to Dolan v. C1tV U1 Tiaard, `~1L (JS 374, 129 L Ed 2d 309, 119 S Ct 2309 (1999); Noll~n vs. California Costal Commission, 983 US 825, 97 L Ed 2d 6'J 'J, lU7 S Ct 3141 (1987). Both cases pertain to similar public easement requirements which were held to be unconstitutivilal. Tn r.l nsi nc~, 1-.hPrP i 5 1 i t-t-1 P of any 1 r'r3 i I i rna. to state interest in requiring me to provide public access t)•iat (1) is not needed because of other access; (2) cannot now or in the immediate future, ever be used for access; and, (:i) is required without compensation to the owner. Such a t:akiriy of my real property without reasonable compenoat_ior~ i:: a deriinl of my Conutitutional. Rights. I respectfully rec]uest the City of Meridian remove the two requirements for public access across lots of the Tarawood Subdivision. SEP 17 '99 12 30 208 336 1020 PAGE.03 Sep 17 1999 12~22PM FROM stoppello law September 17, 1999 P~gp Three TO 8874813 • Would you please make this letter part of the Public Record for hearings before tt~e City Council on September 21, 1999. Sincerely, ~. E'rank w. stoppello 1lttorney at ]yaw FWS:jwf Enclosure P.04 SEP 1? '99 12 31 208 336 1020 PAGE.04 Sep 17,1999 12~23PM FROM stoppello law TO 8874813 P.05 I 1 ! i I erwiswia -- .,~ $ t ~ \` 1 p N T/ I S - ... . ... ... iWii lt_ _..- ..... N ~ c ~ ~ - ~, 0 1 1 y- ~~ 12 11 '~ ~ 6 ~ 13 LOCK 3 ,'~' ~ s ~ 9 10 ~ 18 ,~ 2 S `~}~ Z , ~ i e 9 1 S i s 10 9 . 6~~~`' ~ e Tnu~wooo sr a ?~ 0~~4~~ 5 \ 1 2 3 4 5 6 ~ ~~'• ~~ $~Q •'` e o..e.r~. w' . 40g ~o~yp •_ ~l ---..i ..i....i.. ~\ ,. f - .. .. ..~~ ~~ i ~ ~~~ VICINITY MAP ~,A-~woou susnivis~oN PORTION SW 1/4 SECTION 20, T3N, R1E. B.M. ADA COUNTY, IDAHO SCALE: 1" ~ 300' C TOTAL P.05 SEP 17 '99 12 31 208 336 1020 PAGE.05 Sep 20,1999 09~46AM FROM stoppello law TO 8884218 • ~- rrtnlvz~ w.:~TC~rrLL~[.v n•1•`i•~ II+Nrv~ nxh ~ •~ ~~ +~:~le.r.cllr:•r n~• I.nw ti2t1 WIC: 19• IIAI'4 sITNM3IC•1' Irl )f: cl•:, 1I1Allt ~ M~t9(~Lr FRANK W. >i'1'()1•r"R'LLn .lercrcv A. xiNKK r~a[~tP.mhP.r 20, 1999 Transmitted Via Facsimile to 12.08) 888-4218 will t3~.Lg Meridian City Clerk 33 E_ Idaho Street Meridian, ID 6369?. Ke: '1'drawpod suk~divi~ic~il Dear Mr. Berg: P A7 CSC ~-2~-~q T~LB1PF[UNIC (20~) AAB•IOoO Fn(aftsaal><.s (euN) r+dr: tnaT ~~GEN~~ SEP Z 0 1999 CITY OF MERIDIIA'~ Enclosed is a 1cCter i sent ~o Maynr. Robert Corrie and the Gity Council last Friday. I apologize for not transmitting this to you last Friday. Sincerely, ~~ ~'rarik W. 5topppllo Atr.orrlcy dt I,aw Fws:jwf Enclosure SEP 20 '99 10 00 208 336 1020 PAGE.02 Sep 2011999 094?AM FROM stoppello law TO 8884218 Fit~NK W. yTQYP~LI~O .\TTOriNICY:Y ANU l'1)IfNSLtL(1RN A'1' I.AW 88l1 WRNT LLwYfi HTRRET If{/111:, 111A 1111 M:1711:; P . 03 1''ItwNK \V. ST<)PL'Lr1.(.1- 'Nk1.RP1IONLC l'10N) 338.1080 .7RRRY n. Iel~F.te Sepr.PmbPr ] 7, 1 999 L~wc81D711.R faos)sse-lut'r TRRNaMITTED VIA FACSIMILE AND SENT BY U.S. MAIL Mayor Robert Corrie Col~ncilman Glenn Bentley City of Meri chi an c'i r y of Meridian 33 E. Idaho Street 33 E. Idaho Street Meridian, ID 83642 Meridian, ID 83692 Councilman Ron Anderson City ~f Meridian 33 E. Idaho Street Meridian, ID 83642 Goilncilman Keith Bird City of Meridian 33 E. Idaho Street Meridian, TD 83642 Councilman Charlie Rountree William E. Gigray City of Meridian Meridian City Attorney 33 E. Idaho Street P. ~. IIox 1150 Meridian, ID ©364 Meridian, ID 83680 Re: Tarawood Subdivision Dear Mayor and Councilmen: I write as the owner of the proposed Tarawood Subdivision which i~ ochcduled for he,~ring~ before the Meridian City Council on September 21, 1999 at '7:30 p.m. Ti•ie staff has recommended a 10 foot public easement along Lot 3, Block 1 to the Nine Mile Drain on the western boundary of the Subdivision and, a 20 foot public easement between f.,ots '1 and 8, Hlock 3 leading to the Ridenbaugh Canal on the eastern boundary or the Su}~ciivi5lon. The Meridian Planning & Zoning Commis:>ion approved the Subdivision subject to some public access on any of the lots that. harder the Ridenbaugh Canal. '!'arawood is a small 32 lot, fill-in subdivision. The requirement of a 10 foot public easerent to the Nine Mile Drain cuts oft' a non-buildable one-half acre play ul: lar~i~ from Lot 3, Block 1 and diminishes r.he value of Lot 3. If adjoining neighbors do not purchase tl)e on?-h,lfi :Irrn l~r, my Plans are t.a sell it with Lot 3, Block 1. Obviously this cannot happen if the public easement i.s required. In addition, moving the public easement would dramatically affect the value of the two (2) lots adjacent to the public easement, and means r.t~ose lots will be discounted Lo my financial dL:l.Liment. SEP 20 '99 10 80 208 336 1020 PAGE.03 Sep 20,1999 09~48AM FROM stoppello law TO 8884218 • • September 17, 1999 Page Two The required 20 foot public easempr:t on the Riderrk~dugh Canal would remove one lot from the subciivisi.on that is valued between $3,000.00 and 540,000.00. Rorh easements are of no benefir_ to the public due to the fact that Nampa/Meridian Irrigation Oisr.rict will not allow public access to those easements. Also, the easements are not needed, due to the fact there are several points of dc:cess to both the Nine Mile drain and the [tidenbaugh Canal in the intme~iidte vicinity of Tarawood Subdivision. I have enc:l~sed a Vicinity Map of Tarawood Subdivision. ['Lease note, {1) is E. Three RarS nrive which will r.ross r_hc Ridenbaugh Canal; (2) is the Hunr.er Lateral access which has been covered artd could also provide access for everyone in Tarawood Subdivision; (3) is a public right-ot-way in the Sherbrooke ti~ll~w~ Subdivision that ties immediately adjacent to Tarawood Subdivision; and, (4) is the croooi,ny of Shor.r.horn Avenues an~1 rh~~ N1nP. Mile Drain which would provide access to r,he Nine Mile Urain. P . 04 The granting of such easements would cost me loss of the value of those lots or, an actual loss an expensive lot for no justifiable reason, and without comp(:t15dl,ic,ii L'U me. Such requirements are a taking without just compensation in violation of the nuking clause of the United ~t arPG C,nnsr, itr~r.i nn, Fifth Arnendmenr., applied to the States through the Eb urteenth Amendment of the United States Constitution. I specifically direct your attention to Dolan v. City of Tiaard, 512 US 3'74, 129 L EdLd 304, 114 S c:e 2309 (1994) : Noll arl vs. c;alifornia Costal Commission, 483 U5 825, y7 L Etl ~c1 677, lU7 s Ct 3141 i19©'7) . Both cases pertain to similar public easement requirements which were held to be unconstitutional. In closing, there is 1it~le of any legitimate state interest in requiring me to provide public ac.c.ess that (1) is not needed because ~f other access; (2) c:annot now or in the immediate tuture, ever be used for ac:c;e~a; dllJ, (3) is required without compensation to the owner. Such a taking of my real property without reasonable compQns~ari~n is ~~ c~Pnia1 of my Constitutional Rights. I respectfully request the City of Meridian remove the two requirements for public, access across lots of the Tarawood Subdivision. SEP 20 '99 10 01 208 336 1020 PAGE.04 Sep 20,1999 09~48AM FROM stoppello law TO 8884218 September 17, 1999 Page Three would you please make this lettE~r part of the Public Record for hearings before the city council on sepCecnber 21, 1999. P . 05 incerely, ~~ Frank w. stoppello Attorney al. Law CW~:jwf Enclosure SEP 20 '99 10 02 208 336 1020 PAGE.05 Sep 20 1999 09~49AM FROM stoppello law j ~ ~ . i troas i . \ ~ ~1~R4 q 11~ . ~, , TO 8884218 W -~~~ ~,~ ~~; I an P. 06 I C t nra i0ra dl _ __~ ~ ~ - •~ `~ ~ ____ , 5 ~~ Q N T/ ...._ ...... i~r2t it .. N 1 ~ __ -, M ~~ ;: ,o w 1Z 1~ ~,. 3 1 8 ~ 17 •,,' ,< 8 7 13 ~ LOCK 3 4 u s 10 ~ 16 ~ 2 ~ 10 g Z 4 ~@, 1 G 8 9 15 14 8 '44,y - ~ ~ Tw-wooo sr ~ g0~' ~4~6 ,. ~ .,4 ~~ 7 a~ K '' 9, ~ ~ ~ ~ ' . ..... ...f....f. r. 4' ,. .~~ ~,~ VICINITY MAP T~,woon suso~sior~ PORTION SW 1/~ SECTION 20, T3N, R1E, B.M. AAA COUNTY, IDAHO SCALE: 1" = 300' TOTAL P.06 SEP 20 '99 10 02 208 336 1020 PAGE.06 Sep 20,1999 09~46AM FROM stoppello law TO 8884218 P.01 FRANK W. STUPPELLO A7"h)RNBYN A!'ID l`OVNNRIA)Rt4 AT LAW eY0 W$MT iIAYN N?R$ET DOtA1G ETA Nr, M71711~ B'RANK W. MTOPPBI.LO TSLBPHON>< rQ0A1 ~9l11040 JSRRY A- KIesBR PwCBi]lil.® ilOA~ 8is~iMM Fg~,^]`R ANS M T S S T ON DATED FAX NO . ~ )~ l' ~ ~r,~~ _ n NAME: ADDRESS RE: TOTAL NUMBER OF PAGES (Including this Cover}: FROM: COMMENTS: Original Documents will: ( ) Follow by regular mail ( ) Follow by Express mail (X) Not be sent If you had any problems receiving this entire transmission, please call the sender at (208) 336-1020. SEP 20 '99 09 59 208 336 1020 PAGE.01 ,Meridian Planning an~ning Commission Special Meetin~ August 31, 1999 Page 40 Barbeiro: Excuse me with inclusion of the modified site plan as offered by Johnson Architects today. De Weerd: Just to reference staff comments number 7 with a 35 foot landscape strip that the 19 foot would be acceptable with some additional plantings working with staff and with staff approval. Barbeiro: I concur. Borup: Okay add that to the motion. Hatcher: In addition on the motion, I think it needs to be clarified that upon coordination with staff, if a lift station is installed to temporarily provide sewer to the northern line that upon installation of utilities in the future Freeway Drive that this project be switched over to gravity fed and the temporary lift station be abandoned. Barbeiro: I concur. De Weerd: So have I seconded that yet? I would second all that. Borup: Now we have a motion and a second. Any other discussion. All in favor. MOTION CARRIED: ALL AYES Borup: Okay. Thank you. That concludes Item number 7. It would be a good time for a five minute break. ITEM NUMBER 8. REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC- SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Borup: We would like to reconvene the Meridian Planning and Zoning Commission meeting. Brad. Hawkins: Commissioner's, again I'd like to address comments to both the annexation application and preliminary plat together. The first annexation application they requesting a rezone from the current county rural transition to an R-4 zone. This is the site here in the middle. It is bounded by R-4 on the east with the proposed Thcusand Springs Subdivisions. On the north with existing Los Alamitos and on the south by the proposed Sherbrooke Hollows, which does have some construction begun ors the south but not adjacent to this site. It is more or less an in fill subdivision. The location is access would be taken off Locust Grove to enter the site. The more specific detail of the plat is here. You should have in your packets a response from Briggs Engineering to our staff comments. The principle concern if you read that is the proposed pedestrian pathway that staff would like to see here on this far east boundary. It is an on going issue as you know with Nampa Meridian Irrigation District in terms of access. In their Meridian Planning angning Commission Special Meeting August 31, 1999 Page 41 dedicated easements for the Ridenbach Canal. I guess more or less the philosophy here is to meet Comprehensive Plan to encourage pedestrian pathways. There is not currently on the proposed Thousand Springs a connection, but if you don't build it now it is not going to happen in the future and that is the reason for asking for an adjustment here to get an easement. Exactly where, I guess we felt between lot 7 and $ would be the most appropriate to access and then potentially come down south. There is an existing easement in Sherbrooke Hollows on the south here which also leads to the Ridenbach easement. Other then that we do ask that the staff comments be incorporated. Thanks. Borup: Any questions for Brad at this point? Is the applicant or their representative here this evening. Bocutt: Becky Bocutt, Briggs Engineering, 1800 W. Overland, Boise. I am representing the applicant in this matter. What we are bringing before you as Brad indicated, it's an in fill parcel. It is developed on 3 sides. We are requesting an R-4 zoning designation which is consistent with Los Alamitos, Thousand Springs and Sherbrooke Hollows. We have 32 buildable lots in this project on approximately 12.8 acres. Our density is 2.5 dwellings per acre.. The project will be accessed through existing stub streets. There are 2 existing stub streets coming out of Los Alamitos. There on easy jet. They were stubbed to this property. In the Sherbrooke project we put that stub street there and I believe that is constructed because that is in Phase 2. The stub streets and the sewer and the water are available to this site. We have the Ridenbach Canal on our east boundary on the west boundary we have the Nine Mile drain. We concurred with staff comments and conditions with the exception of sites specific number 5 as stated by Brad where staff is requiring pedestrian separate pedestrian lots on each east and west end of the property leading to the drain and to the Ridenbach Canal. One thing I'd like to show you first of all, this is the subject property here. This is a map that I did for Sherbrooke Hollows at the highway district to show all the linkages we have with public streets. All the streets are outlined in the green. This right here is the subject property. The lot lines are not reflected but the street connections are very similar. This was drawn prior to that preliminary plat. As you can see with this linkage here, this leads through public street with 5 foot sidewalks both sides to a vehicular bridge across Ridenbach Canal and makes a connection to Thousand Springs Subdivision. With this vehicular connection where we have ACRD public bridge, 5 foot sidewalks both sides, we will have our pedestrian connection. Also, if you come south out of this project in to Sherbrooke Hollows we have a designated pedestrian pathway. It is paved up to the edge of the easement for Nampa Meridian Irrigation District. This property has trust funded for half that pedestrian bridge and the Thousand Springs project will be trust funding for the other half. Those monies will be with Ada County Highway District and the bridge the pedestrian bridge will be constructed as soon as Nampa Meridian Irrigation District gives their approval. Some of the members here are new, so I might explain Nampa Meridian Irrigation District's position. They have basically fought us on any pedestrian connections along their right of ways or easements. There has been a agreement in the past few months I believe for pedestrian access along a particular drain. Mr. Borup may be able to comment on that. That was not one of my projects. i Meridian Planning an~ning Commission Special Meeting August 31, 1999 Page 42 believe he has some details on that. However, on live canals or laterals, they have granted us any pedestrian access. That doesn't mean that people don't jog on them, walk their dogs, ride their bikes. Yes, that still happens but according to Nampa Meridian Irrigation District, if we designate these as pedestrian pathways then we are encouraging people to use their easements or their right of ways. They feel that they have a liability and according to their board of directors, I went before their board on these pedestrian bridges with Thousand Springs, and their board and their attorney made it quite clear until Nampa Meridian Irrigation District is in indemnified by the city of Meridian in some type of agreement, we will not allow these accesses. If this body or the staff imposes a condition that says you shall provide pedestrian access Nampa Meridian will not allow me that connection. So they will go nowhere. My point with this map is, we've all ready got these designated areas. I think we should try to coordinate them and combine them. We don't want kids having multiple points of access to these water ways. Yes, they can be used for recreation but they are still a danger. If we can control the access, I believe that is the best approach from a planning perspective. With the linkages, public street linkages and our sidewalks and this connection here, in the future I think it is satisfactory. That is why we disagree with staffs condition. De Weerd: Becky while your up there, can you point out, I understand there i~ some open areas or park land. Can you point those out. Bocutt: Yes, I highlighted right here in yellow. This is 54 acres that has been purchased by the Meridian School District for a future high school with a collector that will come off Overland Road for access to this site. There is 4 acres right here in the southeast corner that was deeded to the City of Meridian by G.L. Voight Construction about 3 years ago. 2.3 acres were deeded to the City out of Los Alamitos and then with Thousand Springs number 2, this was deeded on the plat to the City of Meridian and that is about 2.4 acres. This was designated for a future park site or elementary school site. That was what was debated when this project came through the process and Los Alamitos. Since the city has ownership, there has been talk by the school district that they believe that will end up being a city park. They are looking for other property in the vicinity for a future elementary school out in this area. The only portion that is not owned by the city is this little portion here that I dashed in yellow, they would like *,o get possibly another 4 acres here to kind of square that parcel up. This property is coot developed at this time. The city has made it quite clear to the property owner and people that have optioned the property, that they will be expecting this little area to be put with this property for the park site. A gentleman lives here on Eagle Road, I think he is with the Lyons Club. He was asking me questions about going in and improving this. I don't know if Tammy knows anything about it on the Parks Department or the committee, he discussed that the Lyons Club would go in and make some improvements and try to get that park in service. De Weerd: Was that Gordon Harris in Kiwanis? Bocutt: Yes. Okay Kiwanis that was it. Lyons, Kiwanis close. Anyway, he indicated that they'd like to make some improvements and get some donated time from Meridian Planning an~ning Commission Special Meetin~ August 31, 1999 Page 43 contractors especially where they have contractors in the vicinity on the adjoining subdivisions. While those guys are out there, maybe get the properties leveled and see what other donated time could be rounded up. Lastly, as far as compatibility, the densities in this particular project are consistent if now a little bit lower than Sherbrooke Hollow's and Los Alamitos. The lots that adjoin our northern boundary here-the smallest is 8400 square feet and they are probably ranging 84 to 89 hundred square feet. They are a little bit larger over here, but as you can see the way we designed this with the two culdesacs coming up, we have minimized the number of lots backing up to these existing developed lots. Our lot sizes range from 10,800 square feet here, we've got one that is 10,100 all the way up to this lot here is 23,900 square feet. I de have one smaller lot that is 8528 but its side lot line abuts this lot one on the corner of Goldway and Easy Jet. We are pretty much in the ball park if your averaging out our lots are probably a little bit bigger cause we are averaging more toward the 10's and 9,000 square feet. That concludes my presentation. Do you have any questions. Borup: Commissioner's? Hatcher: The only question that I've got is maybe addressed back to you and that's what Becky brought up in regards to this on going dispute as to the irrigation canals-- access or no access. I know that Meridian has been in the works for some time trying to create green belts for lack of better words, on some of the main fringe canals, but yet I also know that-I know exactly what Becky is talking about. Where has the city gone with that. Borup: I don't know if I am a good one to talk about that or not. It has been in tl~e Comprehensive Plan since the Comprehensive Plan was developed. At this point, the only one I am aware of is the Fathergil! Greenbelt. The city and Nampa Meridian did come to an agreement and have a agreement signed on that project. I really feel its - we've accomplished it once. Hatcher: Would it establish a precedent for future - Borup: I would hope so. Where we can go from there I don't know. We need to get our foot in the door at least one other area. Hatcher: Steve, do you have anything else to add to that? Siddoway: Mr. Chairman, Commissioner Hatcher, I only know that Nampa Meridian has had issues based on liability and fears of trash being thrown into their live irrigation ditches. I know that as staff, we feel strongly that they need to be encouraged and we want to see them developed in the city. The issues with Nampa Meridian has been a road block and I do not know of wholesale solutions to that at this point. Borup: Commissioner Barbeiro has a question Barbeiro: What is block 1, lot 1. Meridian Planning an~ning Commission Special Meetin~ August 31, 1999 Page 44 Bocutt: Block 1, lot 1 is a portion of this property but it's an unusable portion. It was intended for access into the parcel through an existing easement. As you can see, this property is land locked until these stub streets were provided. It did have access through an easement off Locust Grove. I think Mr. Stepello could probably tell you the long history on that but it is not a usable parcel. Our recommendation to him was that it be platted as a separate non-buildable lot and then if an adjoining property owner could utilize that area, that would probably be the best use. We do not intend to landscape it. It is next to the drain too. The drain running or are adjacent to it. Barbeiro: And for the record, I belong to Kiwanis. De Weerd: Becky, how would you maintain that lot? Bocutt: That lot 1? Our intent is to leave it in its natural state. It's taken up by part of the drain and the access road along the drain. Some of its-the use like I said is to make an arrangement with the adjoining property owner because their the one that can use it. Lot 3 really couldn't use that area. It's 57 feet wide and it runs back a couple hundred feet so it's just kind of like a little access corridor that was created years ago. It is part of this property so we can not exclude it from the plat. Something has to be done with it. Freckleton: Becky I was just wondering, could that be split into 3 different parcels and then deeded to each of those 3 adjacent property owners instead of having it one piece and. letting them just occupy it. Bocutt: Possibly if the city would consent to that. If it is just one lot I don't know if Gary would allow us to do a property boundary adjustment where we were segregated into 3 parcels. If it is anon-buildable lot anyway, I don't know what the harm would be. I guess you'd have to consult with the (inaudible). Freckleton: It would be a better way to clean it up it looks like. (inaudible audience discussion) Borup: Becky I think you are saying that at this point the developer would not be maintaining that lot. When you say natural state that means a weed patch. Bocutt: Correct. it would not be manicured. We hope to make arrangements. Mr. Stoppello has been working on that. Borup: It sounds like from that standpoint trying to deed that to those three lots would be preferable in the long run to the applicant too. Meridian Planning angning Commission Special Meeting August 31, 1999 Page 45 Bocutt: We have an option I believe of going to the west. I think that's what this gentlemen-he has shown some interest in it. We have looked at that option. Going with lot 3 makes no sense.. Manicuring that area does not make any sense either. Borup: Don't you have a canal between that and the property to the west? Bocutt: There is a drain running through there. I believe this gentleman can explain why he would want that. Borup: We will have a chance to do that right now. Any other questions for Becky. Sir would you still like to comment. Babitt: I am Gene Babitt. 2570 S. Locust Grove Road. I own the drain ditch-the 50 foot of the drain ditch. Mike the gentleman right over here owns the ground on the other side, the west side of it. What !would recommend is the developer deed that ground to him and I'll work out a deal with Mike to give him that 50 foot and that will end the problem so simply that there won't be no problem. Borup: Have you had a chance to talk with the developer. Babitt: He never comes around. I know what your saying. I'd be glad to talk to Him. Definitely. Borup: Telephone's work real good. Babitt: Yes, but it is a two way street. Borup: Okay any questions for Mr. Babitt. Anyone else here to testify on this application. Suitor: My name is Mike Suitor. 2620 S. Locust Grove. Like Gene, our neighbor said, where that north figure is the end-that is our property. Then you have Gene's 50 foot and then Franks number 1 lot. Frank has used an easement through our property to get to his (inaudible) for agricultural purposes. Our statement is that the first I heard was when Gene just mentioned about Mr. Stopello deeding over the land or however lot 1 to me-it's the first I heard of that, but the reason I am here is that the easement is used for agricultural purposes. With a three new accesses through -2 through Los Alamitos and 1 through Sherbrooke, we would like to see no construction or development traffic down that easement at all. We don't feel there is a reason or need for that since the accesses will happen. We were worried that with his personal easement that we did not want that to go to any landowner, let's say lot 3 or whatever or a home owners association would that easement become defunct. I am not sure how much you have access over that but we just wanted to state that so that with the other accesses there is no reason for it. Before that, it was the only way to get into his property and to cut his hay. Meridian Planning an~oning Commission Special Meetin~ August 31, 1999 Page 46 Borup: Any questions from the Commission? Just a clarification, your saying -when you say easement your saying that's true that the applicant does not have the deed to that property. They are not the owners? Suitor: You talking lot 1 or my property Borup: Lot 1. Suitor: He has the deed to that property. Borup: Okay. There is a easement through your property to get to that lot 1. Suitor: Off of Locust Grove. That is the only way into the property. Borup: That crosses the drain ditch then. Suitor: yes, and it also crosses-there is a home property that I have an easement through and then there is also Gene's property that he has an easement through too. Borup: Your right. We don't have any jurisdiction over that. You may want to read your easement agreement and see what or how that applies. Suitor: With lot 1 and it sounds like it is not going to be addressed as far as landscaping or any form of maintaining, will there be any fencing -what other requirements are involved in this as far as is it just there. Will there be some form of fencing? Borup: We may need to discuss that more. There is a perimeter fence around the subdivision. Suitor: On both sides of the ditch? Borup: This is a unique situation. I think that is why trying to do something with it rather then let it sit there is being discussed. I don't think we've ever run across anything quite like-it's not impossible but it is a little different. Anything else. Okay, thank you. Anyone else wish to address the Commission. Come on up sir. Demayo: My name is Michael Demayo. I'm at 1986 E. Easy Jet. Couple of questions I had. I wanted to know if the new subdivision had a pressurized irrigation system and if it does, will it tied into the system that serves Los Alamitos. That's a question that I have. Another question I have is living on Easy Jet, there is a potential traffic safety issue that I am concerned about. All the vehicles to the east, in particular the part of Los Alamitos that's up above the upper right hand corner, everybody exits on Easy Jet because of the streets the way the streets are on 3 bars and at the top party jet id's not real easy to get out of the subdivision. Everybody on the east end and on Easy Jet comes down Easy Jet and then makes a right on Bayou Bar to get out of the subdivision. Now we are adding I think it is probably 50 homes that come down that Meridian Planning an~ning Commission Special Meetin~ August 31, 1999 Page 47 street and now we are adding another 30 houses there. Everybody comes racing down Easy Jet and hangs a right on Bayou Bar. I don't know if it was possible to make a recommendation that there be a stop sign put in at Easy Jet and Bayou Bar. That was a concern of ours. We live there and there is a lot of traffic on that street. Another question I had was the utilities-are any of the streets in Los Alamitos going to have to be dug up to extend the sewer and water and other utilities. It is a question that I would direct to the developer. I had really three questions in there. Thank you. Borup: Thank you. I can maybe address the one. I think the stop sign is something that needs to be addressed to ACHD or the Meridian Traffic Committee can make recommendations to ACHD. A letter to them may handle that. We will get the applicant up to answer those two questions. Anybody else wish to come forward. Webb: Hi I'm Janet Webb. 2626 So. Goldbar Way. I had a question merely because I went out this morning and did a little background work on our area. And by our area, I mean within that mile that we are discussing. You know how many homes are in that area? 1170 homes. That is a lot of homes. We have a couple little acres over here and a couple over so swish them together we got a little tiny park. At this point with that much density plus I understand when I visited with Planning and Zoning and Fublic Works they are discussing new housing development or new multi family dwelling on Locust Grove and Overland-on that corner which is going to even more intensify this. The way this is set up it would make a marvelous park. You have access to several areas that seems like that work has all ready been done for you. The area that is that number 1 area that is extended out there, possibly with some arrangements with some other departments you could get that on through as a bike path. I have no idea, but it has some very beneficial things. I realize that this is going to knock the dollar our of Mr. Stopello's pockets, but by the same token I think it is worth consideration. We leave a very low number of parks in this area and I think as we grow on south of the freeway as we seem to be doing, we're going to be desperate for some place. Talked with the parks department. They are interested. They would be in hog heaven if they had a park of any size. I simple bring it up because 1 see it as a need for the community. 1 realize it's probably not going to go any further because we are losing dollars by putting it into parks, but by the same token, we are losing something valuable in our community by not having the parks. I think you very much. Borup: Thank you. Any one else? King: Jeff King. 2603 Bayou Bar. I also have some concerns with the traffic on Bayou Bar and on Time Zone, especially with the next phase of Sherbrooke Hollows. I feel that those roads will be well trafficed and I have some definite safety concerns in regards to that. I also have some concerns with lot 1 of block 1. I feel that that does need to be maintained or deeded out to the adjacent property owners. Those are my comments. Meridian Planning anr~oning Commission Special Meetin~ August 31, 1999 Page 48 Borup: Thank you. Any questions. Anyone else? Seeing none, Becky would you be able to come up and address a couple of questions. I don't know if you took notes. First I have is on the irrigation system-how is it tying in. Is it tying in to adjacent, etc. Bocutt: Yes sir I can explain that. There are 2 pressurized irrigation systems in this vicinity. One is Los Alamitos which is also connected to Salmon Rapids. They have 2 sources. One a well for backup and their primary source is from Nampa Meridian Irrigation Facility. The other regional station in this vicinity is Thousand Springs. It is located at the Ridenbach Canal. If you see where the pedestrian path is in the northeast corner of Sherbrooke there is a little square. That is an existing regional pump station. Both those systems have been turned over to Nampa Meridian Irrigation District. According to them, when we inquired about this property they stated that they wanted us to make a connection to one of those two systems. Their preference was not that we have an independent system for 32 lots. It is not cost effective for the district to maintain it. They are trying to get us to combine the systems and in this particular area, like I said, we've got to multiple subdivisions on two regional stations. I can not say it will not be on the Los Alamitos system nor can I say that it will. It has not been determined at this point. It will be determined by Nampa Meridian on which one of those systems has the capacity to handle these additional 32 lots. Borup: Okay, so they will make that determination-they will not try to do a loop. They don't try to tie into the systems. Bocutt: I have questioned them on looping the systems to obviously improve Nressure, just like we do with domestic water service. They have indicated that they don't want to do that. I believe it goes back to the allocation of appropriate water rights so if they keep them kind of isolated but linking them you may have one subdivision using far more water than they have rights for. I believe that's where it stands but I have asked them that very question. I did not get a real straight answer. The second question was traffic safety. We can talk to Ada County Highway District if there is a necessary for a sign. The signs are $35 and then like $20 to install. They are not an expensive item. If the intersection warrants it, that is something they will typically work with the residents and new projects. I would have to consult with Mr. Stopello. We are not required to install that sign, but if he deemed it necessary, we could possible work something out. We have to have ACHD's approval. The third question relates to sewer and water. Sewer and water is stubbed out of Los Alamitos. I believe it is stubbed there at South Bayou Bar Way and it is stubbed to the property. It should be either right outside the asphalt or right at the edge. To answer your question, will we be going in and tearing up your existing roads, no. Those services are there. The city when they reviewed that project made sure those stubs were provided for this parcel. The question arose about park area. I believe the map that I showed was a little bit deceptive. I'd like to reiterate that. The property that has been deeded to the City of Meridian up to this point is approximately about 8-1/2 acres. If they get the additional 4 acres in that adjoining property that I designated on that map, that would give them a total of a 12 acre site. That's the size of park that would be up in your northeast corner inaccessible to Los Alamitos. That is a pretty good size park. The average neighborhood parks usually are Meridian Planning and~ning Commission Special Meeting August 31, 1999 Page 49 between 5 and 7 acres and so a 12 acre park is good size. It is not a regional park that is like 30-40 obviously. That should satisfy some of the recreational needs in the area. Obviously this area will require regional parks and I think is making the city is making some inroads in their long term planning for those regional parks. As far as traffic, there was traffic studies done. Los Alamitos and Sherbrooke and Thousand Springs, I did Thousand Springs and Sherbrooke and then we did not last two phases of Los Alamitos so I am aware of all the traffic studies and basically what was stated and the traffic was considered in this property to be going in those two directions so that one subdivision did not bare the burden of all the traffic. You will have some vehicles exiting to the south. You'll have some going through Los Alamitos and out to Locust Grove. When Sherbrooke Hollows is completed with the phase 4, it's just off the map as you see that one street that terminates there, that goes on out and connects to Locust Grove. That will give that area a second outlet to Locust Grove. Thank you. That's it. Borup: Any other questions for Becky. De Weerd: No, but I just might add to Miss Webb. I am a big proponent of parks and open space and that 8.7, hopefully plus 4 acres is adjoining to 42 acres of the high school. That is some real decent green space. I think a lot of us would kill for that kind of open space in our residential areas. Hopefully that does address those concerns. You will have that available to you. I would love to see anything parkland. Sometimes it is not realistic, but I would agree with you. Borup: Anything else for Becky? I have one question then. We get back to this lot 1 block 1. Some comments. have been-are you in a position to comment on that anymore tonight or do you need to get back with Mr. Stoppello as far as-I think the cities concern is and most the residents and I think from that standpoint too, rio one wants to maintain-I don't think he wants to be maintaining that. I don't think the city wants an eyesore weed -patch there. Whatever is the best solution is up to the land owner, of course but or do you need to get back to him or address any of that tonight. Bocutt: Mr. Stoppello is here this evening. I don't know if he wants to consider what his options are or try to address that. Borup: We would welcome your comments Mr. Stoppello. Stoppello: My name is Frank Stoppello. 782 Arlington Drive, Eagle, ID. The intent of designating that lot 1 as a non buildable lot was for the expressed purpose of selling it to adjacent land owners. I have spoken to one land owner and told him he had first choice at it. At this point there is nothing that could be done until I get further along. I don't intend to if it can't be sold, then I was intending to sell it with lot 3 that it adjoins right there, but my intent, my main intent was to sell it to an adjacent land owner. That is about all I can tell you. I certainly would not want to keep it and have to go out there and mow it or put flower beds in there for the rest of my life, I can tell you that much. I know the land owners that are adjacent there, like Los Alamitos that have reported my alfalfa field as a weed patch, would not let me allow that to go to weeds. llyteridian Planning andl6ning Commission Special Meeting August 31, 1999 Page 50 Borup: Thank you. Any questions? Any final summary from staff? Okay. Commissioner's. Hatcher: Mr. Chairman, I move we close the public hearing. Barbeiro: Second the motion. Borup: We have a motion and a second to close the public hearing. All in favor? MOTION CARRIED: ALL AYES Borup: Is there any discussion? De Weerd: Just that lot 1 needs to be either maintained or deeded out. Hatcher: I concur. Looks like he's got 4 adjacent land owners that potentially can absorb that lot in whatever fashion the developer requires. I don't think it should be left in it's natural state, as it was stated earlier. Barbeiro: Commissioner De Weerd. When you say deeded out-sell it, give it away. De Weerd: Well, I certainly think that that is up to the developer how he deals with it. Whether it's a part of lot 3. If it can be absorbed by property owners on either side or sold, if he can't come to an agreement, I guess he has to maintain it. Barbeiro: So it is your idea that the developer maintain the land until the land is owned by someone else. In the meantime, as long as he owns it, he maintains it. De Weerd: However he transfers that ownership, whether he gives it away or sells it, that's up to him. Barbeiro: But in the meantime as long as he maintains ownership he maintains it. De Weerd: He maintains it. Borup: Sounds like your leaning toward putting that in as a requirement. De Weerd: Exactly. Hatcher: The other item of discussion would be the pedestrian access to the drainage. It would seem to me even though it could be a mute issue down the line, is that between lots-it would seem to be we would want to put a pedestrian access between lot 6 and 7 to attach to the adjoining pedestrian access. It seems to be a little unfair to have the this particular subdivision have to go around an access through other subdivisions Meridian Planning and ~ing Commission Special Meeting August 31, 1999 Page 51 under the pretense that a possible agreement would be formed with Nampa Irrigation. think it should be put in there now and in the hopes of better things to come later. Borup: Any other comment on that? Did you mean 6 and 7 or 7 and 8? Hatcher: Between 6 and 7 and connect to the existing -I guess it would be proposed. Borup: I don't believe you can connect through 6 and 7 without crossing through another lot. Hatcher: If you went down the property line. Borup: You'd have to go down 6 and 7 then along the back of 7 your saying. Hatcher: And then connect with where the proposed one is. You could do 7 and 8 as well. (Inaudible discussion) Hatcher: Commissioner Barbeiro brought up a good point. In locating that there would mess up the cords on 6 and 7 but if it was between 7 and 8 it would be able to Ce balanced. Anyhow, my topic was that it should be added. Where it's added ~Ne'll leave up to the civil engineers. Borup: Looks like between 6 and 7 there is an existing easement wide enough back there that may be accommodating but I don't see it on the plat. ***END OF SIDE 4*** Barbeiro: access to the canal, I found Becky's argument compelling. There are two accesses planned. One existing one planned. Borup: Your talking about the Ridenbach or the drainage. Barbeiro: The Ridenbach. Find the third access while it would be nice and convenient is not necessary on this lot as that access would be more convenient for what appears to be 18 lots, the remaining lots would find the access to the canal equally as convenient from either of the other accesses. Borup: So your saying people are going out for exercise, it is not going to hurt Them to walk a few hundred feet more. Barbeiro: I# kind of reminds me of people use to use the elevator to go to the weight room. CVleridian Planning and~ing Commission Special Meeting August 31, 1999 Page 52 De Weerd: Mr. Chairman, I guess I have one other question for staff. In their staff comments number 2 on page 1, that staff doesn't recommend a development agreement for this project. Why is that. Hawkins: Commissioner De Weerd the purpose of that was the stub streets that come in limit, to a certain extent, the use-typically a development agreement is used for precautionary methods so the city can hold the developer to something if for some reason they backed out of the plat, but the property was still annexed, they are held to some standards of what to do with the property. In this instance, staff just felt that if this is a-if your recommending approval, leaning toward that on the plat, that those conditions on this piece of property will be included in that plat and would not necessarily be needing a development agreement for the conditions would not to be included in the development agreement since you would have an associated plat. It's certainly a call that is made on a case by case and I think that the configuration of this is such that we felt that it would be appropriate if you were leaning towards approval. Borup: City Attorney have any comment on that? Rutherford: As insurance, I am kind of a fan of the development agreement. It gives us extra teeth. I understand staffs comments. Personally, I would recommend a development. Borup: For what concern? What staff said made a lot of sense to me in this particular situation. Rutherford: And not being completely familiar with all the recommendations of staff, at this point I would not be able to tell you specifics. My concern would be again v~~ith a development agreement we would have further insurance that the specifics wire going to be adhered to by way of additional teeth. Borup: Okay, thank you. Any one else. At this point (inaudible)talked about (inaudible) lot 1 and the pedestrian pathway. Barbeiro: (Inaudible) Borup: Your correct. That's not even pertinent for right now. We have had sorne nice discussion for something later on. Barbeiro: With that note if I may I'd like to recommend that we approve to City Council for their request for annexation and zoning of 12.80 acres for Tarawood Subdivision by Michelangelo Investments, LLC-south of Los Alamitos Park and north of Sherbrooke Hollows (inaudible) staff comments. Hatcher: I second it. Borup: Okay, we have a motion and second. Any discussion. Meridian Planning an~oning Commission Special Meetin~ `August 31, 1999 Page 53 De Weerd: You want to keep the recommendation then for the development agreement not to be then, because that is a staff comment. Barbeiro: No, I presume keep the development agreement as staff. De Weerd: Not needed. Borup: Staff s comment was that a development agreement was not needed. Barbeiro: Excuse me. I misunderstood that. I would opt that a development agreement be included to our recommendation to City Council. De Weerd: So you amending your motion. Barbeiro: I am yes, thank you. Hatcher: And I second it. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: That was Item 8. Now that we have had all this discussion, -- ITEM NUMBER 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS: Borup: Staff. Hawkins: We have no further comments to add and ask to incorporate comments from the previous item. Thanks Borup: Thank you. Becky? Bocutt: Becky Bocutt, Briggs Engineering. Please incorporate my previous comments to the record. Barbeiro: On a personal note-I made the lot 1 block 1 as kind of an off shot and it turned into a 20 minutes discussion. If I ever do that again, remember to tell me you don't want to go there. I apologize for building such a large discussion with such a small issue. Bocutt: Well I think the adjoining neighbors, that something needs to be addressed what's going to happen with it and if I was a neighbor I would ask the same question. r ~ MERIDIAN PLANNING & ZONING MEETING: AUGUST 31 1999 APPLICANT: MICHELANGELO INVESTMENTS LLC ITEM NUMBER: 8 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: ,~r~- w `~`~ All Materials presented at public meetings shall become property of the City of Meridian. ~3~ U ~ SEE ATTACHED COMMENTS ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on September 21, 1999 for the purpose of reviewing and considering the application of Miche{angelo Investments for annexation and zoning of 12.801 acres, which is generally located south of Los Alamitos Subdivision and north of Sherbrooke Hollows Subdivision. The application requests a zone of R-4. Further the application requests preliminary plat approval of proposed Tarawood Subdivision for 32 building lots on 12.801 acres. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 18t day of September, 1999. ANGE IMS, DEPUTY CITY-CLERK PUBLISH September 8 and 15, 1999. / E DOBERMUa ~ ` `) ~\ \~ \ w O R-4 e ~ _ g ETMREE BMSDR /, EPMTY „ET ST ..\ i a_ 'f O `:,'. t, 77° ,~Q ,~~~ lj ~• 1 r ETMREEBMSDR_ __...._ i, ~'., 1~ '.. '. ~ ,~ ,ry. ,. d., ___ ___ _ ______ _ ~, i1 ~~~~, ~~__ ETHREE BMSDR_-_____ ______ ._. ~~ ~~ ETIME ZONE DR ~ C~1~ ~ ~\~ ... N 1 C - EEISY dET ST `\ 0 , ~` /~ O~ 3 1 x' 17 12 11 ~` 6 ~ `~ 5 7 13 LOCK 3 '~ 4 s 10 1 g .; - ~, Z ~~' 2 ~ ~ 10 g 5 ~ ~ 3 ~Z 8 9 15 14 ^ g ~~9t ~ 8 ' ~~ Z E. TALAW000 ST. 4$~~ cJ4~g . ~--- 7 BL CK (; o~s~ 51p~, 8 ' 1 2 3 4 5 6 7 ! `~ ~~, . a ' ,~. ~.' ~' •~~ ~ ~ ~`, NEC ~ _ i __~ , _-. _ _ ~~".to~s EDWORSHM(DR ~ ~ ~~ ~ ~ I __... 4~5 ~~ +~ - ___~____i _ _ __.--___ - ---- -1 ., . ~ ~ " ------ ~ - ---=- ---------- , , r __ ~ ____,.. __l' .._ _ __ ~__ _______ _ ____ _ _....___`~ gtEEK OR --__. OR A ~T' -- ____i _______ ~ T' E..._ ~ ~ _____ ._ _ , _ _ ~ -, ~__._~. ~%' 1 --- ._ `,. Y _____~_. ~_ ' ---, 1 ~ ~ ~ ~ ~ _ ._. ~ ~ ~'~ < . VICINITY MAP TARAWOOD SUBDIVISION PORTION SW 1/4 SECTION 20, T3N, R1 E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 300' ~z • a CALAWOOD SUBDIVISION PROPERTY OWNERS WITHIN 300' WILSON KELLY L & ERIC E 2517 S BAYOU BAR WAY MERIDIAN ID 83642 TOMLINSON WADE A & NIKI A 2520 S BAYOU BAR WAY MERIDIAN ID 83642 MADER STEPHEN F & SHEILA K 2539 S BAYOU BAR WAY MERIDIAN ID 83642 GOEHNER ROBERT P & ROXANNE J 2560 S RIVER DOWNS PL MERIDIAN ID 83642-4505 BERG JOSEPH D & BERG ILENE A 2101 E THREE BARS DR MERIDIAN ID 83642 KIRKEMO RONALD B & KIRKEMO SHARON J 7651 DEVONWOOD BOISE ID 83703 2065 E THREE BARS DR HARPER LAWRENCE R & HARPER JANET A 2033 E THREE BARS DR MERIDIAN ID 83642 ZIMMERMAN MICHELE C 2542 S BAYOU BAR WAY MERIDIAN ID 83642 LOS ALAMITOS PARK SUBDIVISION HOMEOWNERS ASSOCIATION INC COMMUNITY MANAGEMENT 9550 BETHEL COURT BOISE ID 83709 E THREE BARS DR S BRANDYS JEWEL AVE E TIME ZONE DR WENDT JASON T & KIMBERLY A 1991 E THREE BARS DR MERIDIAN ID 83642 GLASS DAVID F & GLASS CHARLENE C 2551 S TAGISH WAY MERIDIAN ID 83642 ASHWORTH DAVID L & BRENDA C 2564 S BAYOU BAR WAY MERIDIAN ID 83642 HUNT ELMER E III & HUNT DANETTE 2129 E THREE BARS DR MERIDIAN ID 83642 KIMBALL H MICHAEL & PATRICIA A 2015 E THREE BARS DR BOISE ID 83642 TELLIHO MICHAEL & TELLIHO HELEN R 2557 S BRANDYS JEWEL AVE MERIDIAN ID 83642 LAU TODD R & LAU CINDY L 2568 S TAGISH WAY MERIDIAN ID 83642-4566 ROBISON JOEL R & ROBISON STACEY H 2571 S BRANDYS JEWEL AVE MERIDIAN ID 83642 MILLER KEVIN DWAYNE & MILLER LAZONNIA JEAN 2582 S BAYOU BAR DR MERIDIAN ID 83642 KEELING DELORIS M 2575 S BAYOU BAR WAY MERIDIAN ID 83642 FUHRMANN PAUL E & DORIS L 2582 S BRANDYS JEWEL AVE MERIDIAN ID 83642-4555 PETERSEN DONNA H 1835 E TIME ZONE DR MERIDIAN ID 83642 MCCLURE JOHN M & LEIGH ANN 1751 E TIME ZONE DR MERIDIAN ID 83642-4507 LEWIS STEVE V & JOHNSON- TAMBRA L 1779 E TIME ZONE DR MERIDIAN ID 83642-4507 OSBORNE JOHN R 1801 E TIME ZONE DR MERIDIAN ID 83642-4509 HOME ART CORPORATION INC 1580 W 4TH ST #201 MERIDIAN ID 83642 2592 S TAGISH WAY CAPLE RICHARD N JR & CAPLE TERESA KI OK HONG 2178 E EASY JET ST MERIDIAN ID 83642 2575 S TAGISH WAY BUMGARNER BARRY G & BUNGARNER ANITA M 2154 E EASY JET ST MERIDIAN ID 83642 GREER JOHN F & GREER LORETTA F 2132 E EASY JET ST MERIDIAN ID 83642 DUTHIE JAMES M & DUTHIE TAMARA L 2110 E EASY JET ST MERIDIAN ID 83642 • MILLER GARY C 2086 E EASY JET ST MERIDIAN ID 83642 TABBUTT KENNETH A & TABBUTT BARBARA J 2058 E EASY JET ST MERIDIAN ID 83642 ANDERSON EDWIN E & SPEAR SHARON E 2028 E EASY JET ST MERIDIAN ID 83642 RUPPERT RONNIE L & VIVIAN J 2002 E EASY JET ST MERIDIAN ID 83642 DE MEO MICHAEL R & JOAN M 1986 E EASY JET ST MERIDIAN ID 83642 GABORICK CYNTHIA M 2579 S BRANDYS JEWEL AV MERIDIAN ID 83642 KAWAKAMI JACK M & KAWAKAMI TERRI H 2583 S BRANDYS JEWEL AVE MERIDIAN ID 83642 HJORTH RONALD A & HJORTH EVA I E 2606 S TAGISH WAY MERIDIAN ID 83642 KING JEFFREY L & AMY L 2603 S BAYOU BAR WAY MERIDIAN ID 83642 LOWTHER JAMES MARION JR 2610 S BAYOU BAR WAY MERIDIAN ID 83642 SOOTER MICHAEL A & JOANNE L 2620 S LOCUST GROVE RD MERIDIAN ID 83642-7439 BABBITT GENE A & FREDA E L 2570 S LOCUST GROVE RD MERIDIAN ID 83642-6680 S LOCUST GROVE RD STOPPELLO FRANK W & VICKIE M 782 ARLINGTON DR EAGLE ID 83616-4748 S LOCUST GROVE RD GOLDSMITH MARTY 4550 W STATE ST BOISE ID 83703 2680 E VICTORY RD MEEKER DANIEL W & HOLTON NANCY L 2614 S TAGISH WAY MERIDIAN ID 83642 HOLZER ERIC C & HOLZER LISA M 2629 S BAYOU BAR WAY MERIDIAN ID 83642 BRAWNER VICTOR W & BRAWNER DENISE N 2201 E EASY JET ST MERIDIAN ID 83642 DODGE CHARLES & DODGE SUSAN M 2615 S TAGISH WAY MERIDIAN ID 83642 ROARK ROBERT W 2177 E EASY JET ST MERIDIAN ID 83642 SHAW MICHAEL D & SHAW RENEE B 2617 S TAGISH MERIDIAN ID 83642 WEBB JANET D 2626 S GOLD BAR WAY MERIDIAN ID 83642 EMERY JOHN R & EMERY VALERIE B 2111 E EASY JET ST MERIDIAN ID 83642 PERRY DAN R & PERRY BETTY S 2085 E EASY JET ST MERIDIAN ID 83642 HARTZ BERTON S III AND MARTINDALE CHRISTINA M 2057 E EASY JET ST MERIDIAN ID 83642 RICHARDS MARKS & CYNTHIA A 2029 E EASY JET ST MERIDIAN ID 83642 TAYLOR CHRISTINA S & TAYLOR WILLIAM C 2003 EASY JET ST MERIDIAN ID 83642 PAYNE FREDERICK & DIANNE 1987 E EASY JET MERIDIAN ID 83642 SEITZ DOUGLAS A & RAQUEL A 1963 E EASY JET ST MERIDIAN ID 83642 BLISS STEVEN A & LORENA N 2655 S BAYOU BAR WAY MERIDIAN ID 83642 BABBITT CLIFFORD D 11881 W AMITY RD BOISE ID 83709-5058 2720 S LOCUST GROVE RD SHIPLEY JOHN STANLEY & GLENDA SUE 2770 S LOCUST GROVE RD MERIDIAN ID 83642-6681 GLENN JOHNSON HOMES INC 2464 S MAPLE GROVE RD BOISE ID 83709 1872 E DWORSHAK DR STACY WAYNE H 1858 SUMMERCOVE DR MERIDIAN ID 83642 1896 E DWORSHAK DR WHITE AND SONS 565 JACKSON ST BOISE ID 83705 1942 E DWORSHAK DR BELL JEFF & BELL WENDY 1357 E PITKIN AVE MERIDIAN ID 83642 1968 E DWORSHAK DR GEM PARK II PARTNERSHIP PO BOX 344 MERIDIAN ID 83680 1760 E VICTORY RD E VICTORY RD GOLDSMITH MARTY 4550 W STATE ST BOISE ID 83703 2680 E VICTORY RD NAMPA MERIDIAN IRRIGATION DIST 1503 01ST ST SOUTH NAMPA ID 83651 E VICTORY RD GEM PARK II PARTNERSHIP PARK POINTE REALTY 6223 N DISCOVERY WAY BOISE ID 83713 1909 E DWORSHAK DR 1959 E DWORSHAK DR 1981 E DWORSHAK DR 1918 E DWORSHAK DR E DWORSHAK DR NORTHWOODS CONSTRUCTION LLC 2104 SILVERCREEK LN BOISE ID 83706 1931 E DWORSHAK DR • VANDEWATER CHESTER L & VANDEWATER RENA M 1937 E SUMMERRIDGE DR MERIDIAN ID 83642 1952 E LAKE CREEK DR ROPER CONSTRUCTION INC 10106 CALICO ST BOISE ID 83709 1974 E LAKE CREEK DR HALL DERRILL LYNN & HALL CYNTHIA M T 917 SYLVAN ST BOISE ID 83706 1996 E LAKE CREEK DR ~~ r • ** TX CONFIRt~ON REPORT ** AS OF SEP 01~ 1404 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 09 09101 14 03 208 888 1097 MODE MINiSEC PGS CMD# STATUS EC--S 00'30" 001 007 OK NOTICE OF HEARING NOTICE IS HEREI3Y GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian wi{1 hold a public hearing at the Meridian City Halt, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on September 21, 1999 for the purpose of reviewing and considering the application of Michelangelo Investments for annexation and zoning of 12.801 acres, which is g®nerally located south of Los Alamitos Subdivision and north of Sherbrooke Hollows Subdivision. The application requests a zone of R-4. Further the application requests preliminary plat approval of proposed Tarawood Subdivision for 32 building lots on 12.801 acres. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony, DATED this 19~ day of September, 1999. PUBLISH Sept®mber 8 and 15, 1999, ANGE IMS, DEPUTY CITY CLERK s NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:30 p.m. on August 31, 1999 for the purpose of reviewing and considering the application of Michelangelo Investments for annexation and zoning of 12.801 acres, which is generally located south of Los Alamitos Subdivision and north of Sherbrooke Hollows Subdivision. The application requests a zone of R-4. Further the application requests preliminary plat approval of proposed Tarawood Subdivision for 32 building lots on 12.801 acres. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 10~' day of August, 1999. ~~~~ WILLIAM G. BERG, JR., I CLERK PUBLISH August 11 and 25, 1999. ~,~~~~'~ ~ ~~,.'~,, r ~y r ~ ~ •~`` ~ v ~~,~L _ M ~, ~ .~ ~ ~. ,/ ~~ `~'+~If-If/ltiPl tit ~~~~,`+\\`\ ~~i' -- - - .~~m .» -, r < ~ ~ ~ { ~ t~ ~~ ~~ ~0 4a a~3S i 6 ~~ ~ ~ 3666•R ~ gE ~~$ ~ ao $~~ ~~~~~ 7 V ' a~ lS6E ~ ~~ ~~ c ~~ ~~ ~ -~~ aoorrgva ! ~ 1i £ ! M N ~~~~3;1~~~5~~,3~7~~~ ~~ °w w ~~~3~~f~i~~~~~a~~~~~~ 1 ~,+ iii ~i`~I°'#~~i i~f ~, e ~~,~ iwsn~ 1 ~ ~ F z ~ ~~ ~~~ ~~ ~ ~~~ ~~ i$ .s Y I< - ~ i ~. --~---~ ~~~ ~= i ' ~ _ _~i , ='~'~. E DOBERMAN \\\ ~~~ ~,~ ~ ~1 x 1~ E TIME LANE OR N -4 `' ETHREE BARS DR / EPARTY JET ST ~1~~ ` 1 E EASY JET ST 3 1 BL K 2 5 6 4 5s~~~ 2 3 ~ Z ~~7 6 ~" z 11 x' 17 ~ 13 10 ~ 16 8 9 15 14 E. TAUIWOOD 5T. E THREE BARS DR 7 8 ; ., ..~ 6 7 ,;!. O~~r-~ 5~ _ Q 1 2 3 4 5 ~'9~- ' .~, ,.~ „' ' _ i ' ' 5 j, ~ _ _- ~---~ ' EOWORBHAK DR ' `JO __. _. ~ _ _. _ -- -------- --; ~ ~ - , 51~ ~ "- _ ~ ~; ~~ . ~ -- tom' ~ _ ; ------------ •yt, i------ .ti ,, ;;~ - •__ ~qf ' _ ..~ ~ ____. ____~_____._____~___~ 1 -_,~ ; ~ _ i '--"'-i ""T--' ' ~ ~ ~ ' i ~ i ~ ~ ~ ~ ~ i i ~ ` ' ` 1 ~ i ~ i i ~. i ~_ ~ ._ ~.' _____ ~ ~ ~. T' i ~ i i .~ _ ~ I EMACNAY ~~ ,~;. ____ .Y~ , ~ - ~ ~ ~ r~~ ~ 1 ~ f ~ ~ ~ 'l„_ _.. .1 ~ _ ~'"uYpR ~__ _._._ _ _ _ _ _ _ _~ ~ ~ _ - i -_... -.. _. ~. I ~ i I I ~ ' ~I~ ~ , ~ ~ i ~ i ~ .. i i i % ~ / ~. ~ O ~.._ _~ _____~_____i _____ ~I Q m VICINITY MAP TARAWOOD SUBDIVISION PORTION SW 1/4 SECTION 20, T3N, R1 E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 300'