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HomeMy WebLinkAboutHartford Subdivision AZMayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY 0 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 5, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: AZ -99-002 REQUEST: ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY: GLENN JOHNSON HOMES LOCATION OF PROPERTY OR PROJECT: NORTH OF USTICK RD, EAST OF TEN MILE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT )ePOLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTA O DEPARTMENT ADA COUNTY (ANN N) YOUR CONCISE REMARKS: CWENTRAL DISTRICT HEALTH �. MAIN'OFFICE 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • ('208) 375-5211 • FAX 327-8500 To preveirt and treat disease and disability; to promote healthy lifestyles; "and to protect and promote the health and quality of our environment.` t1 G 00-0425 ]REcu'VED a `k June 15; 2000' JUN 19 2000- David Navarro CITY OF MERII)M Ada `County Recorder r `650 Main Street Boise, ID 83702 ° :RE: Hartford Subdivision Dear Mr., Navarro: r . Central District Health Department, Environmental Health Division; has reviewed and does approve the final plat on this subdivision for central water and `central sewer facilities. Final approval was given on June 15, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, �, , Z,?14 Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development k ` Glenn Johnson Homes City of Meridian Treasure Valley Engineers, Inc. f MR:js x • J •- - 7 Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office -Ada-WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI. 1606 Robert St, 520 E. 8th Street N. ' 703 N. 1 st Street Boise, ID 83704 Boise, ID 83705 Mountain Home, ID 83647 P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 McCall, ID. 83638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph. 634-7194 Immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 r Senior Nutrition: 327-7460 FAX: 587-3521 WIC: 327-7488 FAX: 327-8500 p, r A VW (H� f—',ORDER -REQUEST OF ADA COIIHTY RECORDER - 1.010T NAVARRO c E '4' DEPUi 1999 JN 24 P4 1:39 V9063310 CITY OF MERIDIAN ORDINANCE NO. �2 AN ORDINANCE FINDING THAT CERTAIN LAND { LIES CONTIGUOUS , OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY' tOF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT, SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATEDNIL�O B D SSP R ITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT S AID LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL aORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEERrTO ADD SAID PROPERTY TO, THE OFFICIAL MAPS OF OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTILERK OF THE F THE MERIDIAN TO FILE A CERTIFIED COPY OF .THE ON�INANCE AND MAP O AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request'for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A portion of the South half of the SW 1/4 of the SW 1/4 of Section 35, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3 of Township 4 North, Range I West, and Sections 35 and 36 of Township 3 North, Range 1 West of*the Boise Meridian; thence North 0°53'34" East, a distance of 347.44 feet along the westerly boundary line of said Section 35 to the TRUE POINT OF BEGINNING; thence leaving GLENN JOHNSON HOMES / HARTFORD SUBDIVISION 1 ANNEXATION AND'ZONING ORDINANCE. 4/e 9 _r said westerly boundary line South 80'11'00" East, a distance 183.85 feet; thence North 00°53'34" East, a distance of 123.21 feet -and parallel with said westerly boundary line; thence North 89°14'23" West, a distance of 181.63 feet to a point on said westerly boundary line; thence South 00°53'34" West, a distance of 94.27 feet along said westerly boundary line to the POINT OF BEGINNING; Said parcel of land contains 19,750 square feet or. 0.45 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the /54 day of 1999. SECTION 6: All(ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, proval and publication, according to law. _ENN JOHNSON HOMES / HARTFORD SUBDIVISION JNEXATION AND ZONING ORDINANCE 2 SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of,the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF'THE CITY OF MERIDIAN, IDAHO, this t day of c�GLrt , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this l��`day of 'Vltv^� , 1999. ATTE/r: OF S CITY CLERK x $L msg\Z:\Work\M\Meridian 15360M\Hartford Sub\AZ. ORDMPIS.,, GLENN JOHNSON HOMES / HARTFORD SUBDIVISION ANNEXATION AND ZONING ORDINANCE CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. �Z passed by the City Council of the City of Meridian, on the day of v 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. Crr i • SM ILLIA.M G. BERG, JR. STATE OF IDAHO,'*/,,,�1�� iEti��ttt00 County of Ada, On this _ day of in the year 1999, before me, a Notary Public, appeared WILLINM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ••.•' GSL L. S �'•.. ,�• t ••••.N•e �e �' e° '•i tip �i �• laOTA •.� •, r eL(YI/) y� : •es Z ( 1G � Nota ' Pub for Idaho �'iBL•'• •�• Commission Expires: 1 o°O° OF I'D�••• msPT(I� d*ian 15360M\Hartford Sub\Certification0f0erk0rd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN II I !' li I! i I! I ph�l1 I� l I; I� II iC I, ----_ --- --- - _ -- - - - W PE77 Vi f BBLESTONE ST -W PEBBLESTONECT Edge of Pavement Trails & Other Transportation Features ------------ Trails = � MERIDIAN CITY COUNCIL MEETING: JUNE 15 1999 APPLICANT: GLENN JOHNSON HOMES AGENDA ITEM NUMBER: 2 REQUEST: ANNEXATION AND ZONING OF HARTFORD SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED DEVELOPMENT AGREEMENT CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: J MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: �� V ADA COUNTY STREET NAME COMMITTEE: f CENTRAL DISTRICT HEALTH:S NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. RESOLUTION NO 2 3 5 BY: (A 2& 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, r AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND RAY W. AND JANET WILDER. 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 RAY W. AND JANET WILDER, 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 RAY W. AND JANET WILDER entitled "DEVELOPMENT AGREEMENT" dated the 15N day of 1999, by and between the City of Meridian and Ray W. and Janet Wilder, 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 RAY W. AND JANET WILDER / HARTFORD SUBDIVISION PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 15 day of "&" . 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this S day of '1999. �- ATTEST: msg\Z:\Work\N1\Meridian 15360M\Hartford RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH RAY W. AND JANET WILDER / HARTFORD SUBDIVISION CERTIFICATE OF CLERK OF 3 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. 4 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 Grip-Z� , 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 l- DAY OF o�ovr�e_ , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND RAY W. AND JANET WILDER. 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 RAY W. AND JANET WILDER, 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 RAY W. AND JANET WILDER CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN entitled "DEVELOPMENT AGREEMENT" dated thej5fday of •�-� , 1999, by and between the City of Meridian and Ray W. and Janet Wilder, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this Citya to its terms and conditions. J`,'� Vze, IVILLIAM G. BERG R. ,J z 8 9 " STATE OF IDAI,p �s� •, ,",""" County of Ada, n`j�►�rt��st ��st��`'`� On thisaday of : (,1 fQ 6 , in the year 1999, before me, A tjr, &L S I M-5: , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. •`�� dot L. sl,44 1% It OTS )- % S. �•+ Z * : p U B V" �•0 ,,•�• TE OF CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 0"'f'r f2L-, Notar&ubliVfor Idaho Commission Expires:_j al.5DZ) Sub\CertificationClerkfor RES ADA COUNTY U ROE'R J. DAVID tiAVARRO �•rr•- n n r DEVELOPMEI�T"I'fiA&HEMENT 1999 A 17 PM 1: 2 5 PARTIES: 1. City of Meridian 2. Ray W. and Janet Wilder RECORDED - REQUEST Gf FEE DEPUTY 4�0(T99060559 THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 3 / day of_��_��by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and RAY W. and JANET WILDER, husband and wife, hereinafter called "DEVELOPER", whose address is 3340 N. Ten Mile Road, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which -is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, 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 11-2-4176, which authorizes development agreements upon the annexation- and/or re -zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of R-4, Low Density Residential, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning C Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and _ DEVELOPMENT AGREEMENT - 1 0 10 1.6 WHEREAS, record of the proceedings request for 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 Lav in decision and order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, fanuary 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 0 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if -set forth in full. 3. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance R-4 Low Density Residential codified at Section 11-2-408 B, 3 Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4' CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 4.1 DEVELOPER shall develop subject Property including the obtainment of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 4.1.1 Sanitary sewer service to this site is being proposed to exit the development through a common area lot near the northwest corner of the subdivision and drain north to the Five Mile Trunk. 4.1.2 Water service to this site will be via extensions of mains that are installed in Ustick and Ten Mile Roads. 4.1.3 Applicant shall designate whether the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian DEVELOPMENT AGREEMENT - 3 0 ! Irrigation District or if it is their intention for the system to be owned and maintained by the homeowners association. 4.1.4 Results of test hole investigations performed January 25, 1999, indicate that ground water is extremely shallow (approx. 1.3' from surface) at the north boundary of Lot 1, Block 5. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. In the event that streets need to be raised to provide the above mentioned separation, the grades of the sanitary sewer system may be able to be adjusted to a more desirable 0.40% slope. 4.1.5 The minimum cover required over the sanitary sewer mains is 3 feet from finish grade to top of pipe. ASTM D2241, SDR21, Class 200 pipe is required whenever there is less than 3 feet of cover from sub - grade to the top of pipe. 5. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of -such notice. The two (2) year period of time DEVELOPMENT AGREEMENT - 4 0 0 for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 7. 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. 8. . ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 9. DEFAULT 9.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections 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. 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 lav or in equity to secure the specific DEVELOPMENT AGREEMENT - 5 n 0 performance bf the covenants, agreements, conditions, and obligations contained herein. 10.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 10.2 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. 11. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian; to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 12. 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 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. 13. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property DEVELOPMENT AGREEMENT - 6 • 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 Lav, this Development Agreement, and the Ordinances of the CITY of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian City 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Ray W. and Janet Wilder 3340 North Ten Mile Road Meridian, Idaho 83642 14.1 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. 15. 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. 16. 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. DEVELOPMENT AGREEMENT - 7 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective -heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the -Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed.to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 19. 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. 19.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 20. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment DEVELOPMENT AGREEMENT - 8 i to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. k , t DEVELOPMENT AGREEMENT - 9 e. n ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: BY RESOLUTION NO. Attest: CITY CLERK BY RESOLUTION NO. 2 3 5- DEVELOPMENT AGREEMENT- 10 d BY: Ray W.WVil&r Developer BY: J ..� et Wilder Developer CITY OF MERIDIAN STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of�� , in the year 1999, before me, tctutcri a Notary Publ c, personally appeared Ray W. Wilder and Janet Wilder, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledge to me having executed the same. STATE OF IDAHO -(2;L. Al Notary Public for Idaho Commission expires: :ss County of Ada ) On this day of , in the year before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 44••• Ir- �G�i.....'S.`jT� . %" G 'DUBLZ .• xv "aaaaaaaIa 00 , DEVELOPMENT AGREEMENT - 11 &4f Y -Al Not4 Pu lic for Idaho Commission expires: / �/S/a OaoZ EXHIBIT A Legal Description Of Propert DEVELOPMENT AGREEMENT - 12 0 EXHIBIT "A" A portion of the South half ofthe SW 1/4 of the SW 1/4 of Section 35, Township 4 North, Range I West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 2 and 3 of Township 4 North, Range 1 West, and Sections 35 and 36 of Township 3 North, Range 1 West of the Boise Meridian; thence North 0°53'34" East, a distance of 347.44 feet along the westerly boundary line of said Section 35 to the TRUE POINT OF BEGINNING; thence leaving said westerly boundary line South 80011,00" East, a distance 183.85 feet; thence North 00°53'34" East, a distance of 123.21 feet and parallel with said westerly boundary line; thence North 89014'23" West, a distance of 181.63 feet to a point on said westerly boundary line; thence South 00°53'34" West, a distance of 94.27 feet along said westerly boundary line to the POINT OF BEGINNING; Said parcel of land contains 19,750 square feet or 0.45 acres more or less. 0 0 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 13 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF GLENN JOHNSON HOMES FOR HARTFORD SUBDIVISION, NORTH OF USTICK ROAD EAST OF TEN MILE ROAD, THE APPLICATION FOR ANNEXATION AND ZONING OF 0.45 ACRES Case No. AZ -99-002 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 April 20, 1999, at the hour of 7:30 o'clock p.m., and Brad Hawkins -Clark, Planning and Zoning Department, and the Applicant's representative, Richard Jewell, for Glenn Johnson Homes, having appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: .FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for April 20, 1999, before the ,City Council, the first publication appearing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND�ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION 0 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 April 20, 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 §§I I -2-416E and 11-2-417A, Municipal'Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 0'.45 acres in size. The property is located at 3340 N. Ten Mile Road, Meridian, Idaho, north of Ustick Road and east FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION • 0 of Ten Mile. The property is designated as Hartford Subdivision. 5. The owner of record of the subject property are Ray and Janet Wilder, of 3340 North Ten Mile Road, Meridian, Idaho. 6. Applicant is Glenn Johnson Homes, of 2424 S. Maple Grove Road, Boise, Idaho. 7. The property is presently zoned by. Ada County as Rural Transition (RT), and consists of agricultural land. 8. The Applicants request the property be zoned as Low Density Residential (R-4). 9. The proposed site of the subject property is located north of Ustick Road and east of Ten Mile approximately kitty corner to the Wastewater Treatment Plant. 10. The city limits of the City of Meridian surround the subject property. 11. The property which is the subject of this application is within the Area a 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: Construct and develop single family residential units. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION • 0 14. The Applicant requested zoning of the subject real property as Low Density Residential (R-4) is consistent with the Residential designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City, of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose 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: 16.1 The application for annexation and zoning is a part of the proposed Hartford Subdivision. The 0.45 -acre parcel that is the subject of the annexation portion of this project was inadvertently omitted from the original annexation back in 1994. 16.2 Sanitary sewer service to this site is being proposed to exit the development through a common area lot near the northwest corner of the subdivision and drain north to the Five Mile Trunk. 16.3 Water service to this site will be via extensions of mains that are installed in Ustick and Ten Mile Roads. 16.4 Applicant has not indicated whether the pressurized irrigation system FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION within this development is to be owned and maintained by the Nampa &z. Meridian Irrigation District or if it is their intention for the system to be owned and maintained.by the homeowners association. 16.5 Results of test hole investigations performed January 25, 1999, indicate that ground water is extremely shallow (approx. 1.3' from surface) at the north boundary of Lot 1, Block 5. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. In the event that streets need to be raised to provide the above mentioned separation, the grades of the sanitary sewer system may be able to be adjusted to a more desirable 0.40% slope. 16.6 The minimum cover required over the sanitary sewer mains is 3 feet from finish grade to top of pipe. ASTM D2241, SDR21, Class 200 pipe is required whenever there is less than 3 feet of cover from sub -grade to the top of pipe. 16.7 The legal description submitted with this application for annexation and zoning does not include 1/2 of the Ten Mile Road right-of-way. Application shall submit a revised metes and bounds legal description that includes 1/z of the adjacent Ten Mile Road right-of-way and is referenced to the recognized government corners. The legal description shall be prepared by a Registered Land Surveyor, licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits. 16.8 A development agreement was required for this project, as a condition of the original annexation of the property. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in the finding of fact no. 16, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION 0 0 condition of annexation and zoning designation. 18. It is found that the development considerations for the proposed Hartford Subdivision, of which this is a part, have been 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, and 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. V 19. The development of the property as a (R-4) Low Density Residential, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (R-4) Low Density Residential District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 20. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 20.1 Under the section entitled "Foreward" Goals of the Comprehensive Plan, Goal no. 2 at page 5; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION 20.2 Under the section entitled "Land Use" Land Use Goal Statement H 1.3 and 2.5U at page 23, and facilitate the inclusion within the City of Impact Area to avoid checkerboard type annexation in this region of the City's Impact Area. 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 1I- 2-417 provides the City may annex real property that is within the Meridian Urban F Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 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 n FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION r� u Meridian Comprehensive Plan and are applicable to this Application: 4.1 Under the section entitled "Foreward" Goals of the Comprehensive Plan, Goal no. 2 at page 5; and 4.2 Under the section entitled "Land Use" Land Use Goal Statement §§ 1.3 and 2.5U at page 23, and facilitate the inclusion within the City of Impact Area to avoid checkerboard type annexation in this region of the City's Impact Area. 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 Densitv 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. 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 (1,983). 7. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION 14., which pertains to pressurized` irrigation systems. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 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 0.45 acres located at 3340 N. Ten Mile Road, which is north of Ustick Road and east of Ten Mile, Meridian, Idaho. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. (R-4) Low Density Residential Ordinance shall not be finally approved by the City Council until provisions of part 1 of this order have been met; and 3. The Applicant must submit a legal description which meets the requirements of the City of Meridian and the Idaho State Tax Commission. 4. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for°the following conditions of development to -wit: 4.1 Sanitary sewer service to this site is being proposed to exit the development through a common area lot near the northwest corner of the subdivision and drain north to the Five Mile Trunk. 4.2 Water service to this site will be via extensions of mains that are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION installed in Usticic and Ten Mile Roads. 4.3 Applicant shall designate whether the pressurized irrigation system within this development is to be owned and maintained by the Nampa &_ Meridian Irrigation District or if it is their intention for the system to be owned and maintained by the homeowners association. 4.4 Results of test hole investigations performed January 25, 1999, indicate that ground water is extremely shallow (approx. 1.3' from surface) at the north boundary of Lot 1, Block 5. The City of Meridian requires, that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. In the event that streets need to be raised to provide the above mentioned separation, the grades of the sanitary sewer system may be able to be adjusted to a more desirable 0.40% slope. 4.5 The minimum cover required over the sanitary sewer mains is 3 feet from finish grade to top of pipe. ASTM D2241, SDR2.1, Class 200 pipe is required whenever there is less than 3 feet of cover from sub -grade to the top of pipe. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION i 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 a7 judicial review as provided by Chapter 52, Title 67, Idaho Code. 0 By action of the City Council at its regular meeting held April 20, 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN GLENN BENTLEY COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: / FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION VOTED�W� VOTED_(� VOTED 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 T denial of the annexation and zoning and who may within twenty-eight (28) days after &.date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 10 By action of the City Council at its regular meeting held April 20, 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN GLENN BENTLEY COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED:/ ' 7 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING GLENN JOHNSON HOMES / HARTFORD SUBDIVISION VOTED VOTED I VOTED 0 MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and -Zoning Department and the Public Works Department. By: Dated: City Jerk Cf msg/ZAWork\M\Meridian 15360KHartford Sub\AZComr r v_ ST�� - RECEIVED MAY - 4 1999 CITY OF N ERIDLAIi FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / GLENN JOHNSON HOMES / HARTFORD SUBDIVISION Meridian City Council Meeting June 1, 1999 Page 8 Bird: Second. Corrie: Motion made and second that we approve Findings of Fact and Conclusions of Law for request for annexation and zoning with the corrections. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE,°YEA. BIRD, YEA. y MOTION CARRIED: ALL YEAS. 49 DEVELOPMENT AGREEMENT FOR HARTFORD SUBDIVISION: ORDINANCE # SUBDIVISION. - ANNEXATION AND ZONING OF HARTFORD Corrie: City Clerk has that one been signed? Berg: Mr. Mayor, I have not received a signed copy of the development agreement. They've been contacted several times and they have not brought it in to us. Corrie: Did they give you a reason why? Berg: Mr. Mayor and members of the Council, no they did not, but this is where the developer is a different person than the owners of the property so I don't know if there's some negotiations there or waiting for a purchase or what the problem may be, but Glenn Johnson and his representative have been contacted. Ray and Janet Wilder are the owners of the property, so I don't know if there some time frames for different attorneys to review the document or what the reason is. Corrie: We don't have a development agreement signed. We can't do that one or ten either one. Rountree: Mr. Mayor I move that we table item 9 development agreement for Hartford Subdivision and item 10 annexation and zoning ordinance for Hartford Subdivision to our next regularly scheduled meeting June 15t . Bird: Second. Corrie: Item number 9 and 10 motion is to table both those until the meeting of 'June 15th, 1999. Any further discussion? Rountree: Mr. Mayor, Gary Smith has a comment. Meridian City Council Meeting June 1, 1999 Page 9 Smith: Mr. Mayor, council members, in reading through the development agreement Exhibit A that is referenced on page 1 has included in the development agreement is for 0.456 acres. That was the parcel that was annexed in addition to what was originally annexed. I assume that the development agreement should be for the complete subdivision rather than just that .45 acres, so I think the Exhibit A needs to be revised to included the entire subdivision. Corrie: Any further discussion? All those in favor of the tabling of item 10 and number 9 say aye. j MOTION CARRIED: ALL AYES. 11. REQUEST FOR CONDITIONAL USE PERMIT FOR AN APPROXIMATELYa 8,000 SQUARE FOOT BUILDING BY BILL & PAT GEYER — NE CORNER OF WILSON & LOCUST GROVE: Corrie: Comments from staff on the request? Stiles: Mr. Mayor and Council, on page six of the recommendation item 1.34, the development agreement I believe reduced the planting strip beyond required right -of way to 15 feet. If that could be revised the second sentence provide planting strip beyond required right-of-way per terms of development agreement. Also I would like to note that the applicant or his representative I don't know is here tonight, just to inform you that the plan that we have received does not comply with ordinance requirements and just make sure that that the plan that we get for a building permit does comply with all the terms and conditions of our4comments. Corrie: Also Shari, I believe we got a letter from Bill and Pat Geyer about item number 1.42 no city water should be eliminated per conversation understanding with Mr. Bruce Freckleton. Stiles: Bruce took that out because of the size of the landscaped area. Is that — Corrie: Do you want that one removed? Stiles: Bruce Freckleton agreed to that? Corrie: I don't know. That's what it says — be eliminated per my conversation and understanding with Mr. Bruce Freckleton. Do you know anything about that? That's the one that no city water will be allowed for landscaping irrigation. MERIDIAN CITY COUNCIL MEETING: JUNE 1, 1999 APPLICANT: GLENN JOHNSON HOMES AGENDA ITEM, NUMBER: 10 REQUEST: ANNEXATION AND ZONING ORDINANCE FOR HARTFORD SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED ORDINANCE CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: W,r,ki J�4 BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. sR15CEIVED interoffice£ APR 301999 MEMORANDUM cit �f Clerk an i y Office To:' Angel Sims n t From: Marlene St. Ge � Subject: RESOLUTION, CERTIFICATE OF CLERK and CERTIFICATION OF THE CITY CLERK / File no. AZ -98-105 Date: April 30, 1999 Angel: Here are the Resolution and the Certificate of the Clerk for Ray W. and Janet Wilder pertaining to (Glenn Johnson / Hartford Subdivision) the Development Agreement. I have also attached the Certification of the City Clerk pertaining to'the Glenn Johnson / Hartford Subdivision Annexation and Zoning Ordinance. Y , t i 9 + S u, 7 y d ** TX CONFIRAN REPORT'** -'!' DATE TIME TO/FROM 05 06/02 14:22 PUBLIC WORKS • AS OF JUN 02 '99 14.23 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'53" 004 137 OK Mayor HU8 OF TREASURE VALLEY ROBERT D, CORRIE A Good Place to Live Co�o�� CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 886-4433 • Fax (208) 587-3613 KEITH BIRD LEGAL DEPARTMENT 008) s34-4:64 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)831-5573 FACSIMILE COVER SHEET p FAX NUMBER: U-7-1 Z 9-7 DATE: Z TO:L i r+')II I rC— TITLEIDEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): :J7 FROM: CITY OF MERIDIAN — FAX NUMBER: (208) 888-4218 A An 1 NAME: TITLE/DEPA4MENT: l Q Vit _, PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. I Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE 0 A Good Place to Live • Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 KEITH BIRD FACSIMILE COVER SHEET LEGAL DEPARTMENT (208) 884-426.1 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 FAX NUMBER: �O �� 2 %% DATE: Z 1 TO: I rn Fjll l � TITLE/DEPARTMENT: 4 CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN A n 0 t NAME: TITLE/DEPAdMENT: UbLt FAX NUMBER: (208) 888-4218 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. 0 0 MERIDIAN CITY COUNCIL MEETING: _ JU_NE 1, 1999 APPLICANT: GLENN JOHNSON HOMES AGENDA ITEM NUMBER: 9 REQUEST: DEVELOPMENT AGREEMENT FOR HARTFORD SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED D/A CALLED ART SCHULTZ THREE TIMES TO SIGN CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: .ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ,-y SUB19VISION EVALUATION SHEET Proposed Development Name HARTFORD City Meridian - Date Reviewed 04/29/99 Preliminary Stage XXX Final Engineer/Developer_ Treasure Valley Engr. / Glenn Johnson Homes The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following block of names were sent for review to replace several denied names A plat was not sent for review and there was no need for one to be sent. "PUDU" is approved and will be reserved for this development. "PAMPAS" is approved and will be reserved for this development. "ROE" is a duplication and cannot be used. "FALLOW" is similar to "FARROW" and cannot be used. "BROCKET" is similar to "ROCKET" and "BROCKTON" and cannot be used. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGE REPRESENTATIVES OR DESIGNEES Engineer Priester(All'," Ada County John Date Ada Planning Assoc. f Ann Hurley Date ' 2'� - l City of Meridian Representativ ZA Date Fire District Meridian Representative ate NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat', otherwise the plat will not be signed Ilii Subindex Street Index 4N 1W 35 Section NUMBERING OF LOTS AND BLOCKS lSeC 2,1-gI /40PIdri,a I TR\SUBS\SM_CITY.FRM a •1 e WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. t ATTORNEYS AT LAW JUSTIN P. AYLSWORTH 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE JULIE KLEIN FISCHER POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH W?i. F. GIORAY, III MERIDIAN, IDAHO 83680.1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON TEL (208) 288-2499 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 288-2501 WILLIAM A. MORROW 2, FAX (208) 466.4405 CHRISTOPHER S. NYEN s Emaif via Internet' @ wfg@wppmg.com ` yrr PHILIP A. PETERSON PLEASE REPLY TO STEPHEN L. PRUSS Y t' MERIDIAN OFFICE ERIC S. RosSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE RECEIVED APR 3 0 1999 City of Meridian City Clerk Office April 29, 1999 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Re: GLENN JOHNSON / HARTFORD SUBDIVISION ANNEXATION AND ZONING ORDINANCE R Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Glenn Johnson / Hartford Subdivision. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by the Wilders. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. Very truly yours Wm. F. Gigray, III/ msg\Z:\Work\M\Meridian 15360M\Hartford Sub\Clerk on Ord Ltr.wpd JUSTIN P. AYLSWORTH JULIE 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 William G. Be MERIDIAN C 33 East Idaho Meridian, Idal Re: Dear Will: ( WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 TEL (208) 288.2499 NAMPA, IDAHO 83653.0247 FAX (208) 288-2501 TEL (208) 466.9272 FAX (208) 466.4405 Email via Internet @ wfg@wppmg.com PLEASE REPLY TO MERIDIAN OFFICE RECEIVED APR 3 0 1999 City of IMeridian City Clerk Office BDIVISION / ANNEXATION EVELOPMENT Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of April 20th, and which are on the agenda for May 4th. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of May 4, 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 , Wm. F. Gigray, III msg\Z:\work\NWeridian 15360IvMartford Sub\FFCL and DevAgtClk.ltr Meridian City Council Meeting May 4, 1999 Page 6 ROLL CALL VOTE: ROUNTREE, AYE. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL AYES. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY GLENN JOHNSON HOMES — NORTH OF USTICK RD, EAST OF TEN MILE: Corrie: Council, any discussion or any questions of staff?' Hearing no discussion, I'll entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law for the annexation and zoning for Hartford Subdivision and the Decision and Order. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings of Fact and Conclusions of Law on item number nine. ROLL CALL VOTE: ANDERSON, YEA. BIRD, YEA. BENTLEY, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION & ZONING OF 1 ACRE BY KATHLEEN & WENDELL LAWRENCE — SOUTH OF PINE STREET, NORTH OF HWY 30/FRANKLIN ROAD, ON LINDER ROAD: Corrie: Any questions of Council to staff on the Findings of Fact and Conclusions of Law? Bentley: I have none. Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the Findings of Fact and Conclusions of Law. MERIDIAN CITY COUNCIL MEETING: ___ MAY 4, 1999 APPLICANT: GLENN JOHNSON HOMES AGENDA ITEM NUMBER: 9 REQUEST: ANNEXATION & ZONING FOR HARTFORD SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/20/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED FINDINGS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting April 20, 1999 Page 21 Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the request for transfer of conditional use permit with a full service restaurant and liquor license from Rockets, Inc. to JAMD Enterprise, Inc. subject to staff conditions. Any further discussion? Gigray: Mr. Mayor, members of the Council, just quickly since this is really one of the first ones of these that we've had where we've had a public hearing on this and because staff recommended three conditions which it appears are not a problem in this matter, we would prepare an order for the Mayor to sign because it would be attached to the additional conditions of the conditional use if that's agreeable with Council as part of your motion, approving the transfer. Rountree: I would accept that. Bentley: I would accept it. Corrie: All right. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 22. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY GLENN JOHNSON HOMES — NORTH OF USTICK RD, EAST OF TEN MILE: Corrie: I'll open the public hearing and invite staff comments first. Hawkins -Clark: Mr. Mayor staff comments were prepared in a memo to the Planning and Zoning Commission on this particular item March 5, dated March 5. The general information point number one I believe is the only reference to this agenda item and it's the annexation of .38 that does have a single family house on it right now. It was somehow omitted from the language of the first annexation legal description. This is simply a request to complete the whole subdivision so that it's all part of the city and basically it's a map correction, a map and zoning correction. Corrie: This is a public hearing. Is there anybody from the subdivision here this evening to testify? RICHARD JEWEL 1729 S. MARSH WOOD, MERIDIAN, IDAHO Jewel: Mr. Mayor and Council members, my name is Richard Jewel. I live at 1729 S. Marsh Wood in Meridian. Generally we're in agreement of all the City of Meridian requirements. An overview of the development is shown on the colored plat. The property in yellow on North Ten Mile is the property subject to be annexed. The property will be served with public water and new water main that will be constructed in North Ten Mile. Public sanitary sewer service will be provided from the development. A revised legal description has been submitted to the City. My understanding is that a development agreement with the City of Meridian will be drafted by the City Attorney Meridian City Council Meeting April 20, 1999 Page 22 and will be signed by the developer prior to the recording of the final plat. I will provide more detail pertaining to the development on the next item of the agenda for the preliminary plat. Corrie: Anyone else from the public who would like to issue testimony on item number 22 for annexation and zoning? Hearing none, I'll entertain a motion to close the public hearing. Bird: So moved. Rountree: Second. Corrie: Motion made and second to close the public hearing. All those in favor say aye. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor I got a question. I don't know whether for the Clerk or for Planning and Zoning. In 1.8 of the recommendation to City Council, on page 4, a development agreement was required for this project at a condition of the original annexation of the property. Did that include all this or was this .38 acres left out? Hawkins -Clark: I'm sorry could you refer to the page again? Bird: Page 4,under the recommendation to City Council. Hawkins -Clark: I cannot answer that. Bird: If it was made for the whole parcel, then there would be no — we wouldn't have to have another development agreement for this .38. Hawkins -Clark: We confirmed that the parcel that fronts on Ten Mile that was omitted from the first annexation. Bird: How about the development agreement? Hawkins -Clark: The assumption being that when they prepare the development agreement that they follow the legal description that it was in deed left out of that as well. Bird: Okay. Corrie: Any other comments from Council? I'll entertain a motion for the request for annexation and zoning and Findings of Fact and Conclusions of Law to be drawn up. Rountree: Mr. Mayor I move that we have City Attorney prepare Findings of Fact and Conclusions of Law and Order of Decision on the requested annexation and zoning of Hartford Subdivision. Bird: Second. Corrie: Motion by Mr. Rountree second by Mr. Bird to have the attorney request the Findings of Fact and Conclusions of Law for annexation and zoning of the Hartford Subdivision by Glenn Johnson Homes. Any further discussion? Meridian City Council Meeting April 20, 1'999 Page 23 Bird: That's just for .38 acres, isn't it? Rountree: Yes. Bird:. Okay, it is not for the whole subdivision. Corrie: .38. Bird: Yeah. Corrie: All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 23. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR HARTFORD SUBDIVISION (58 SINGLE FAMILY BUILDING LOTS ON 18.02 ACRES) BY GLENN JOHNSON HOMES —NORTH OF USTICK RD, EAST OF TEN MILE: Corrie: I'll open the public hearing on item number 23 and start with staff comments. Hawkins -Clark: Mr. Mayor the same reference on the staff comments. The memo dated March 5 and the applicant did reply in writing in a memo on March 8ch to the City, which should be the last item on the back of this packet on this agenda item. The applicant did agree with all staff comments, and we have no further changes that have arisen. Corrie: Richard, would you like to testify please? Jewel: My name is Richard Jewel, 1729 S. Marshwood. I have a presentation to provide, but rather than do that, I'll just sit back and answer any questions if you have any. Corrie: Questions at this point? Rountree: I have none. Corrie: Anyone else from the public who would like to issue testimony on this preliminary plat request? Hearing none, I'll entertain a motion from Council to close the public hearing. Bentley: So moved. Bird: Second. Corrie: Motion made and second that we close the public hearing on item number 23. All those in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Council, any questions or discussions? I'll entertain a motion on the request for preliminary plat of Hartford Subdivision, 58 single homes on 18.02 acres, item number 23. MERIDIAN CITY COUNCIL MEETING: APRIL 20 1999 APPLICANT: GLENN JOHNSON HOMES AGENDA ITEM NUMBER: 22 REQUEST: ANNEXATION AND ZONING OF HARTFORD SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: COMMENTS SEE ATTACHED STAFF COMMENTS SEE ATTACHED STAFF COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED REVIEWED REVIEWED SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED C MMENTS v SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: i� BUREAU OF RECLAMATION: OTHER: I, Materials presented alp4 �iC�meetings shall become property of the City of Meridian. LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 MEMORANDUM: March 5, 1999 To: Planning & Zoning Commission, Mayor & Council From: Bruce Freckleton, Assistant to City Engineer '� Shari Stiles, P&Z Administrator 5s� Re: Request for Annexation and Zoning from R -T to R-4 of 0.38 Acre with a Preliminary Plat for 58 Single-family Lots on the net 18.02 Acres Proposed - HARTFORD SUBDIVISION by Glenn Johnson Homes 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: GENERAL INFORMATION 1. The 0.38 -acre parcel that is the subject of the annexation portion of this project was inadvertently omitted from the original annexation back in 1994. 2. Sanitary sewer service to this site is being proposed to exit the development through a common area lot near the northwest corner of the subdivision and drain north to the Five Mile Trunk. 3. Water service to this site will be via extensions of mains that are installed in Ustick and Ten Mile Roads. 4. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District or if it is their intention for the system to be owned and maintained by the homeowners association. 5. Results of test hole investigations performed January 25, 1999, indicate that ground water is extremely shallow (approx. 1.3' from surface) at the north boundary of Lot 1, Block 5. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. In the Hartford Subdivision.PP.doc AZ -99-002 PP -99-003 0 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD, LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 MEMORANDUM: March 5, 1999 To: Planning & Zoning Commission, Mayor & Council From: Bruce Freckleton, Assistant to City Engineer '� Shari Stiles, P&Z Administrator 5s� Re: Request for Annexation and Zoning from R -T to R-4 of 0.38 Acre with a Preliminary Plat for 58 Single-family Lots on the net 18.02 Acres Proposed - HARTFORD SUBDIVISION by Glenn Johnson Homes 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: GENERAL INFORMATION 1. The 0.38 -acre parcel that is the subject of the annexation portion of this project was inadvertently omitted from the original annexation back in 1994. 2. Sanitary sewer service to this site is being proposed to exit the development through a common area lot near the northwest corner of the subdivision and drain north to the Five Mile Trunk. 3. Water service to this site will be via extensions of mains that are installed in Ustick and Ten Mile Roads. 4. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District or if it is their intention for the system to be owned and maintained by the homeowners association. 5. Results of test hole investigations performed January 25, 1999, indicate that ground water is extremely shallow (approx. 1.3' from surface) at the north boundary of Lot 1, Block 5. The City of Meridian requires that street centerline elevations be designed to provide a minimum of 3 feet separation from the seasonal high groundwater elevation. This is an effort to ensure that crawl spaces under homes will be above the ground water. In the Hartford Subdivision.PP.doc AZ -99-002 PP -99-003 Mayor, Council and P&Z March 5, 1999 Page 2 event that streets need to be raised to provide the above mentioned separation, the grades of the sanitary sewer system may be able to be adjusted to a more desirable 0.40% slope. 6. The minimum cover required over the sanitary sewer mains is 3 feet from finish grade to top of pipe. ASTM D2241, SDR21, Class 200 pipe is required whenever there is less than 3 feet of cover from sub -grade to the top of pipe. ANNEXATION & ZONING REQUEST The legal description submitted with this application for annexation and zoning doesn't include %2 of the Ten Mile Road right-of-way. Please submit a revised metes and bounds legal description that includes %i of the adjacent Ten Mile Road right-of-way and is referenced to the recognized government corners. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits. 2. A development agreement was required for this project, as a condition of the original annexation of the property. PRELIMINARY PLAT General Comments: 1. Any existing irrigation/drainage ditches crossing -the property to be included in this project, shall be piped 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. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 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's Water Works Superintendent. 6. Respond, in writing, to the each of the comments contained in this memorandum by 5:00 p.m. of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning Commission. 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. Hartford Subdivision.PP.doc AZ -99-M PP -99.003 Mayor, Council and P&Z March 5, 1999 Page 3 Site Specific Requirements: 1. 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 centerline. 2. 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. Indicate any existing ditch easements, and show all ditches on the preliminary plat map. The conceptual engineering plan doesn't show how they will be treated. Please revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 4. Two -hundred -fifty- and 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. 5. Please respond with your ownership plans for the pressurized irrigation system. 6. Applicant shall be responsible to construct a six -foot -high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Said fencing shall be installed across the ends of the future stub streets. Applicant shall also install four -foot -high non -sight -obscuring fencing along the west boundary of Lot 12, Block 5, and along the northeasterly and southwesterly boundary of Lot 16, Block 3. Fencing is to be in place prior to applying for building permits. 7. Lot 12, Block 5 shall be a common area lot to provide a pedestrian walkway to access a future pathway along Five Mile Creek identified in the Meridian Comprehensive Plan. This lot will be owned and maintained by the homeowners association. The pedestrian walkway needs to be paved and landscaped in accordance with City Ordinance. 8. Lot 16, Block 3 shall be a common area lot to provide a pedestrian walkway/emergency access, and also serve as the corridor for the sanitary sewer. This lot will be owned and maintained by the home owners association. A blanket easement shall be granted to the City of Meridian for the operation and maintenance of the sanitary sewer main. The pedestrian walkway, needs to be paved and landscaped in accordance with City Ordinance. Removable traffic bollards will be required at both ends of the path to prevent everyday vehicular traffic. Hartford sobdmslon.PP.doc AZ -99.002 PP -99-003 Mayor, Council and P&Z March 5, 1999 Page 4 9. A detailed landscape plan for the common areas, including fencing locations 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. 10. Minimum 20 -foot -wide planting strips beyond required rights-of-way on Ten Mile Road and Ustick Road are required. The plat only shows 45' from centerline, and 48' from centerline is required by Ada County Highway District along both roads. Revise plat to conform with requirements. Fencing is not to encroach upon this planting strip. 11. Additional testing will be required to determine the seasonal high groundwater elevation.. This testing shall be performed by a soils scientist. 12. Applicant had indicated that the area of the subdivision within the 100 year flood plain, will be filled to an elevation to raise the affected lots out of the zone, and that a letter of :map revision will be applied for through FEMA to remove the area. 13. A notice shall be required in the subdivision CCR's that will make homeowners aware of the existence of the City of Meridian's Wastewater Treatment Facility, approximately '/o of a mile northwesterly of the development, and that occasionally unpleasant odors may be experienced if the winds are blowing in a southeasterly direction. 14. Create a 10 foot wide easement for the sanitary sewer service line adjacent to the southeasterly boundary of Lot 14, Block 3. Water service for Lot 14, Block 3 shall come from the main in Ten Mile Road. Hartford Subdivision.PP.doc AZ -99-002 PP -99-003 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF .THE ) Case No. AZ -99-002 REQUEST FOR ANNEXATION ) AND ZONING OF 0.38 ACRES ) RECOMMENDATION TO CITY. BY GLENN JOHNSON HOMES ) COUNCIL FOR HARTFORD } SUBDIVISION NORTH OF ) USTICK ROAD EAST OF TEN ) MILE ROAD ) INTRODUCTION 1. The property is approximately 0.38 acres in size. The property is h located -at 3340 N. Ten MileIRoad, Meridian, Idaho, north of Usticic Road and east of Ten Mile. The property is designated as Hartford Subdivision. 2. PThe owner of record of the subject property are Ray and Janet Wilder, of 3340 North Ten Mile Road, Meridian, Idaho. a .. 3.. Applicant is Glenn Johnson Homes, of 2424 S. Maple Grove Road, Boise, Idaho. 4. The property is presently zoned by Ada County as Rural Transition tl a Y (RT), and consists of agricultural land. 5. The Applicants request the property be zoned as Low Density F i Residential (R-4). ti RECOMMENDATION TO CITY COUNCIL - I ANNEXATION AND ZONING - GLENN JOHNSON HOMES - HARTFORD SUBDIVISION r a 6. The proposed site of the subject property is located.north of Usticic „ry Road and east of Ten Mile approximately kitty corner to the Wastewater Treatment Plant. 7. The city limits of the Cify of Meridian surround the subject property. 8. The property which is the subject of this application is within the Area of Impact of the City. of Meridian. t 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. t 10. The Applicant proposes to develop the subject property in the following _S F manner: Construct a develop single 1 family residential units. a 11. The Applicant requested zoning of the subject real property as Low Density Residential (R-4) is consistent with the commercial designation on 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 MeridianPlanning and Zoning Commission hereby recommends to RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - GLENN JOHNSON HOMES - HARTFORD SUBDIVISION g t the City Council of the City of Meridian that they approve the reannexation quested and zoning as requested by the Applicant for the property described, in the, .application, subject tothe following: f Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: t 1.1 This application for annexation and zoning is for the Hartford Subdivision. The 0.38-acre parcel that"is the subject of the:annexation portion of this project was inadvertently omitted from the original S annexation back in 1994. L2. Sanitary "sewer service to this site is being proposed to exit the development through a common area lot.near the northwest corner of the subdivision and drain north to the Five Mile Trunk. 1.3 Water service to this site will be via extensions of mains that are installed in Ustick and Ten Mile Roads. 1.4 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the Nampa Meridian Irrigation District or if it is their intention for the system to be owned and maintained' by the homeowners association. 1.5 Results of test hole investigations performed January 25, 1999, indicate that ground water is extremely shallow (approx. 1.3' from surface) at the north boundary of Lot 1, Block 5. The City of Meridian requires that street centerline elevations be designed to provide a minimum of.3 feet, separation from the seasonal high groundwater elevation. This is an- effort to ensure that crawl spaces under homes will be above the ground water. "In the event that streets need to be raised to provide the above mentioned separation, the grades of the sanitary sewer system may be able to be adjusted to a more desirable 0.40% slope. 1.6 , The minimum cover required over the sanitary sewer-mains is 3 feet RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - GLENN JOHNSON HOMES - r HARTFORD SUBDIVISION. t from finish grade to top; pf pipe. ASTM D2,241, SDR21, Class 200 pipe is required whenever there is less than 3, feet of cover from sub -grade to the top of pipe. 1.7 The legal description submitted with'this application for annexation and zoning does not include 1/2 of the Ten Mile Road right-of-way. Application shall submit a revised metes and bounds legal description that includes 1/2 of the adjacent Ten Mile Road right-of-way and is referenced to the recognized government corners. `The legal, description shall be prepared by a Registered Land Surveyor, licensed ,by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits. 1`.8 A development agreement was required for this project, as a condition of the original, annexation of the property. Z.\Work\M\Meridian 15360M\Hardord Sub\AZ038.Rec r X d r 4 S f RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - GLENN JOHNSON HOMES - HARTFORD SUBDIVISION s a MERIDIAN PLANNSAND ZONING COMMISSION MARCH 9, 1999 PAGE 12 De Weerd: Mr. Chairman, I move that we continue the public hearing for Treasure Valley Business Center to April 13. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM NO. 6: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY GLENN JOHNSON HOMES — NORTH OF USTICK RD, EAST OF TEN MILE: MacCoy: Staff, do you have any comments? Stiles: Chairman MacCoy, commissioners, you have our report on this project, we have received a response from the applicant indicating that they will comply with our requirements. This project was previously approved as the Hartford Subdivision I believe either 1994 or 1995, that approval had lapsed and this new applicant has taken up the project for the 58 lots. This is just north of Ustick and East of Ten Mile approximately kitty corner from the wastewater treatment plant. We ask that you would consider our comments for both Items six and seven. We don't have any serious issues with this project. Smith: I have a question for staff. I have a vicinity map here that doesn't jive with the preliminary plat. I'm wondering which one is correct? Never mind. MacCoy: Okay, I'm going to open the public hearing, is the applicant here please? RICHARD JEWEL, 1729 S MARSHWOOD, MERIDIAN, ID. Jewel: I'm here representing the developer, Glenn Johnson Homes. MacCoy: Anything you want to say about your application? Jewel: There is one exception that we haven't fully addressed yet and that pertains to the drainage. There is high water table in that area, which as far as the homes are concerned, we'll be alleviating that problem. Making sure that the roads and houses are above the high water table.. However, there is not adequate room to put your standard seepage (Inaudible) underneath draining, underground drainage. We are presently looking at the possibility of putting a pond—it's only a detention pond, not a retention pond. I've been in communications with ACHD and the Nampa/Meridian Irrigation District. So far everybody seems open to it. What we do is detain the difference between the predevelopment and the post development flows and let them out easily. After MERIDIAN PLANNIO AND ZONING COMMISSION MARCH 9, 1999 PAGE 13 the storm is all gone, the pond then would be dry and open for park use or whatever. We would have to take a loss to do this. MacCoy: That's in the process right now being designed and investigated. Jewel: I'll have to further communicate with the city on that also. MacCoy: Anything else? Jewel: We will comply with all the other comments. MacCoy: Okay, commissioners, do you have anything you want to speak here for this. Borup: Yes Mr. Chairman, so you are looking at a location on the plat for that retention pond. Is that going to be taking part of one of the lots or are you looking at the northwest corner, is that where you are talking about? Jewel: it will be adjacent to the stub street that goes north. Borup: Right in the middle there? Smith: Indicate which lot and block (inaudible). De Weerd: That's block 5, lot 1. Smith: Lot 5, block 1? Borup: The other, lot 1, block 5. Rossman: Block 5, lot 1. (Inaudible) De Weerd: Block 5, lot 1. MacCoy: Thank you. Any other questions for him? Thank you very much. Borup: Then you said every other, no questions or problem with any of the other staff comments complying with it? Jewel: No, I agree with them. Borup: Okay. Have you worked out the details on any question or concern on the path along the drainage pathway? MERIDIAN PLANNA AND ZONING COMMISSION 10 MARCH 9, 1999 PAGE 14 Jewel: Along with which drainage are we referring? Borup: Okay, just the pathways going to it? They are indicated on the plat. Jewel: They are common lots, correct. MacCoy: Is that it? Okay, thank you. Is there anybody here who would like to speak in favor of this project? Okay, anybody here who would like to speak on the negative side of this project? Unidentified: I just want to know where I could get a copy or see how the plat is sectioned off and how it effects the roadways and such with the new construction of Ten Mile. MacCoy: Our Planning and Zoning department in the old high school is where you would go to check that out. Any other person who would like to make a comment about Item No. 6 right now? Staff do you have anything you want to add to this now? Stiles: Nothing, just to let everybody know, all of these applications are on file in the City Clerk's Office and they are available anytime from 8 to 5 to review. MacCoy: Commissioners, what do you want to do? Borup: Maybe for that last gentleman the site plan didn't effect Ten Mile at all, as far as there is no access on Ten Mile. Unidentified: Ustick, I'm sorry. Borup: There is one on Ustick. Smith: I would like to make a motion to close the public hearing. De Weerd: Second. MacCoy: Any discussion? Hearing none, all in favor? MOTION CARRIED: All ayes. MacCoy: What's the motion now? Smith: Mr. Chairman, I would like to make a motion that we recommend to the City Council to approve the request for annexation and zoning of .38 acres for MERIDIAN PLANNO AND ZONING COMMISSION MARCH 9, 1999 PAGE 15 the proposed Hartford Subdivision by Glenn Johnson Homes with all comments and public testimony incorporated there. De Weerd: Second MacCoy: Thank you, any discussion? All in favor? MOTION CARRIED: All ayes. Rossman: Just for clarification on the one issue that the applicant took exception to the drainage, what is the—how is the motion to address that? Borup: That wasn't really involved in this annexation. So we will address it on the (Inaudible) preliminary plat. MacCoy: I figure that's where you would put it on to the next one there. That would be the preliminary plat. Moving on to Item No. 7. ITEM NO. 7: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR HARTFORD SUBDIVISION (58 SINGLE FAMILY BUILDING LOTS ON 18.02 ACRES) BY GLENN JOHNSON HOMES —NORTH OF USTICK RD, EAST OF TEN MILE: MacCoy: Staff, do you have any comments? Stiles: Nothing further. MacCoy: All right, thank you. I'll open the public hearing, will the applicant come forward again please. RICHARD JEWEL. Jewel: I have no further comment. MacCoy: Do you want your comments from before carried in this part? Jewel: I don't think I can remember them. MacCoy: That's all you have to say, that you would like to have your comments carried forward to this one. Jewel: Please include the comments in items no. 7 from no. 6. MacCoy: Any other comments or questions from the commissioners at this point? Okay thank you, that was simple. Anybody who would like to speak in TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: • March 2, 1999 TRANSMITTAL DATE: February 5, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: AZ -99-002 REQUEST: ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY: GLENN JOHNSON HOMES LOCATION OF PROPERTY OR PROJECT: NORTH OF USTICK RD, EAST OF TEN MILE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z iKEITH BORUP, P/Z iROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C ^_GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT X FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) G� YOUR CONCISE REMARKS: C;- G✓ r G L e+f Ay Q /4- Dr t3 b f w_et•—. r r w1 {irS i9,v-Iupx ' rVti 2Qal /N5 VECQI(--�� 0 0 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (208)884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: • March 2, 1999 TRANSMITTAL DATE: February 5, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: AZ -99-002 REQUEST: ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY: GLENN JOHNSON HOMES LOCATION OF PROPERTY OR PROJECT: NORTH OF USTICK RD, EAST OF TEN MILE TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z iKEITH BORUP, P/Z iROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C ^_GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT X FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) G� YOUR CONCISE REMARKS: C;- G✓ r G L e+f Ay Q /4- Dr t3 b f w_et•—. r r w1 {irS i9,v-Iupx ' rVti 2Qal /N5 VECQI(--�� Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 40 HUB OF TREASURE VALLEY 0 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 5, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: A2-99-002 REQUEST: ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY: GLENN JOHNSON HOMES LOCATION OF PROPERTY OR PROJECT: NORTH OF USTICK RD, EAST OF TEN MILE _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C !_GLENN BENTLEY, C/C _VWATER DEPARTMENT ^SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORN EY CITY ENGINEER _ADA COUNTY HIGHWAY DISTRICT _ADA PLANNING ASSOCIATION _CENTRAL DISTRICT HEALTH _NAMPA MERIDIAN IRRIGATION DISTRICT _SETTLERS IRRIGATION DISTRICT _IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) _INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: .i4 FEB - 9 1999 _sVED CITY OF MERIDIAN SEB - a 1999 c00 CENTRAL ` CEN�AL-DISTRICT HEALTH DEPAMENT DISTRICT Environmental Health Division HEALTH w DEPARTMENT Rezone # Conditional Use # Preliminary / Final / Short Plat r/ /�•`���1�-� ate/ � D � rJ��✓ y' E Return to: ❑ Boise ❑ Eagle ❑ Garden City _E�Zmeridian ❑ Kuna ❑ ACz r I. ❑,. 2. ❑ 3. ❑ 4. ❑ 5. ❑ 6. We have No Objections to this Proposal. We recommend Denial of this Proposal. F E B 18 1999 CITY OF NIERIDIAN Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. y f 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 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 ly the Idaho Department of Health•& Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage sysiem ❑ community water •❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a `mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. u ❑ 13. We will require plans be submitted for a plan review for any: 0 ❑ food establishment ❑ swimming pools or spas [—]*child care center 0 14. I] beverage establishment ❑ grocery store Date: � // 5 Reviewed By:�Om y x y Review Sheet [DHD 10/91 rtb, rev. 7197 r RKEIVED FEB 2 5 1999 CITY OF MERIDLAN ORGANIZED 1904 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 16 February 1999 s Phones: Area Code 208 !� OFFICE: Nampa 466-7861 Will Berg, City ..Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 RE: AZ -99-002 Annexation & Zoning of 0.38 Acres for Proposed Hartford Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT., h BH:dln cc: File - Shop File - Office N'e'ater Superintendent P z _/* j NORTHWEST DESIGN SERVICES' PLANNERS / DESIGNERS / CONSULTANTS Ph: 208-884-4226 / Fax: 884-8823 / E-mail: idjewell@msn.com 1729 S. Marsh Wood Place / Boise, Idaho 83642 Bruce Freckleton, Assist. to City Engineer PcErvED Shari Stiles, P&Z Administrator City of Meridian MAR - 8 1999 33 E. Idaho Meridian, Idaho 83642 CITY OF MERIDIAN March 8, 1999 Subject: Response to Memorandum dated March 5, 1999 re: Annexation, Zoning & Preliminary Plat for the proposed HARTFORD SUBDIVISION Dear Ms. Stiles & Mr. Freckleton; In general, we agree to all of the comments provided in the aforementioned memorandum and will comply with them. Brief specific responses to the comments are as follows: ANNEXATION & ZONING REQUEST 1. A corrected legal description of the property to be annexed will be provided as soon as possible. 2. A development agreement for this project will be drafted and submitted to the City. PRELIMINARY PLAT General Comments: 1. The existing irrigation / drainage ditches crossing the property will be abandoned. Irrigation ditches servicing other lots or draining offsite are piped. 2. Existing wells and septic tanks will be removed from service. 3. Five-foot sidewalks will be provided. 4. Letter approving street names will be provided. 5. Fire hydrant locations will be coordinated with City of Meridian. 6. Revised copies of the Preliminary Plat will be submitted prior to hearing by Meridian City Council. Page 1 of 2 MAR 08 199 15:19 1 208 884 8823 PAGE.03 Response to Memorandum dated March 5, 1999 re: Annexation, Zoning & Preliminary Plat for the proposed HARTFORD SUBDIVISION Site Specific Requirements: 1. Sewer mains will be constructed to & through the proposed development. 2. Water mains will be constructed to & through the proposed development. 3. The existing irrigation / drainage ditches crossing the property will be abandoned. Irrigation ditches servicing other lots or draining offsite are piped. 4. Streetlights will be provided and locations coordinated with Meridian City. 5. Nampa Meridian Irrigation District has indicated that Settlers Irrigation District provides irrigation water to the property and that Nampa Meridian Irrigation District will not have any jurisdiction over the pressurized irrigation system. 6. Permanent perimeter fencing will be provided. 7. Lot 12,block 5 is a common area lot that will be owned and maintained by the homeowners association. 8. Lot 16, block 3 is a common area lot that will be owned and maintained by the homeowners association. A blanket easement over this lot will be granted to the City of Meridian for the maintenance of the sewer main. 9. A detailed landscaping plan will be developed and submitted along with a letter of credit or cash surety for the improvements. 10. A 20 -foot landscaped planting strip along Ten Mile & Ustick Roads will be provided. Preliminary Plat will be modified to show the 48 -foot right-of-way from centerline of Ten Mile & Ustick Roads. 11. Additional groundwater testing will be performed by a soils scientist. 12. The 100 -year flood plain will be filled & letter of map revision applied to FEMA. 13. CCR's will include notice of wastewater treatment facility nearby. 14. A 10 -foot easement will be provided on lot 14, block 3 for sewer service to lot 13. I believe this item should have indicated that lot 13, block 3 shall come from the main in Ten Mile Road. Please confirm. Sincerely, Richard J.H. Jewell Northwest Design Service Representing Glenn Johnson Homes, Developer Page 2 of 2 MAR 08 '99 15:18 1 208 884 8923 PAGE.02 •Uplikk .... • NWD Service 1729 S. Marshwood PI. Meridian, Idaho 83642 idjewell@msn.com To: City of Meridian / Att. Ms. Stiles Company: Fax number: +1 (208) 887-4813 Business phone: From: Richard Jewell Fax number: +1 (208) 884-8823 Business phone: (208) 884-4226 Home phone: (208) 884-4226 Date & Time: 3/8/99 3:28:57 PM Pages: 3 Re: Hartford Subdivision Please find attached herewith "Response to Memorandum re: P&Z Public Hearing" MRR 08 '99 15:18 1 208 884 8823 PRGE.01 ** TX CONFIAON REPORT ** DATE TIME TO/FROM 03/08 18:41 PUBLIC WORKS AS OF MAR 08018:42 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00,40" 003 090 OK • NWD Service • 1729 S. Marshwood PI. Meridian, Idaho 83642 idjewell@msn.com To: City of Meridian / Att. Ms. Stiles Company: Fax number: +1 (208) 887-4813 Business phone: From: Richard Jewell Fax number: +1 (208) 884-8823 Business phone: (208) 884-4226 Home phone: (208) 884-4226 Date & Time: 3/8/99 3:28:57 PM Pages: 3 Re: Hartford Subdivision Please find attached herewith 'Response to Memorandum re: P&7 Public Hearing" MAR 0B 199 15 18 1 208 S24 8623 PAGE.01 .51 ** TX CONF I RMA'<TOf�Ii REPORT ** AS OF APR 16 '99 08:46 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD## STATUS 04/16 08:41 4637794 G3 --S 05'13" 016 103 OK Memo To: Ar -S(zh2A Fax #• "Y - �a From: City Clerk's Office Date: Re: Ylscm # - Db a 5"(0 - -qq-003 Please find enclosed a copy of the Recommendation to the City Council of the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on the 2Cday of , 1999. The City Council request that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request It will assure that the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. CITY OF MERIDIAN CITY CLERKS OFFICE Memo To: Alr S ,h J� Fax #: 4L3- I-14 From: City Clerk's Office 4-4-n Date: Re:( 1.m0J�hrlsM- - # Z -9q -Ona Please find enclosed a copy of the Recommendation to the City Council of the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on the day of 1999. The City Council request that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. a: WHITE, PETERSON, PRUSS, MORROW &'QGRAY, P.A. JUSTIN P. 4AYLSWORTH ATTORNEYS AT LAW JULIE KLEIN FISCIIER WM, F. GR]RAY, III MERIDIAN OFFICE D. SA.MUEI.Jo-S., 104 NINTH AVENUE SOUTH WILLIAM A. MORROW POST OFFICE BOX 247 200 EAST C SUITE TE 31 AVENUE CHRISTOPHER S. NYE - POST OFFICE BOX 1150 'NAMPA, IDAHO 83653-0247 - PHILIP A. PETERSON _ STEi,m, L. PRUS5 MERIDIAN, -1150 TEL. (208)288-_4998-2499 ERI, S. RUSSMA.v TEL (208) 466-9272 PAX (208) 288-2501 Tom A. ROSSMAN FAx (208) 4664405 R. STEPHEN RUTHERFORD; TER ,'CE R. WHITE ' PLEASE REPLY TO r C MERIDIAN OFFICE E-MAIL: WFG@WPPMG.COM - REcErVED April 15, 1999 APR+ 1 °5 1999 CITY OF MERIDIAN William, G. Berg, Jr. City Cleric Meridian City Hall 33 East Idaho fi "Meridian, Idaho 83 642 ' 4 Y---- Re: GLENN JOHNSON HOMES FOR HARTFORD•SUBDIVISION 1. ANNEXATION AND, ZONING 4 �''�` 2PRELIMINARY PLAT WENDELL AND KATHLEEN LAWRENCE: 1. CONDITIONAL USE PERMIT 2. ANNEXATION AND REZONING -1 Dear Will: ,. 4 Please find enclosed the originals of the Recommendations to the City Council of the Planning and Zoning Commission on the above referenced applications. Please note these matters Will be heard before the City Council on April 20, 1999. i Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of .the Planning and Zoning Commission. -� Very tr I ply yours, A Z �~ IIA i Wm. F.Girav, Enclosure F, 9 msg/Z:\Work\M\Meridian 15360M\Meridian Forms\CityOkonRecs � F s > Y r J MERIDIAN PLANNING AND ZONING MEETING: MARCH 9 1999 APPLICANT: GLENN JOHNSON HOMES ITEM NUMBER: 6 REQUEST: ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION 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: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED STAFF COMMENTS SEE ATTACHED STAFF COMMENTS REVIEWED REVIEWED REVIEWED SEE ATTACHED SEE ATTACHED tjU 'YO OTHER: All Materials presented' at public meetings shall become property of the City of Meridian. og) 0. • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on March 9, 1999, for the purpose of reviewing and considering the application of Glenn Johnson Homes for annexation and zoning of approximately 0.38 acres of land which is generally located north of Ustick Road and east of Ten Mile. The application requests a zone of R-4. Further the applicant requests preliminary plat approval of the parcel of land above described for 58 single-family residential lots on 18.02 acres for proposed Hartford Subdivision. 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 10th of February 1999. PUBLISH February 17 & March 3, 1999. rf,n Od ANGEVSIMS,CbEPUTY CITY CLERK ,`t„I!141 trFtIlr�frfl oice' i B ►L = 9 '70% 1£Z v tee. ** TX CONFIRMAW REPORT ** AS OF FEB 12 011:14 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 09 02/12 11:13 208 888 1097 EC --S 00'32" 001 079 OK -------------------------------------------------------------------------- NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the_ Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on March 9, 1999, for the purpose of reviewing and considering the application of Glenn Johnson Homes for annexation and zoning of approximately 0.38 acres of land which is generally located north of Ustick Road and east of Ten Mile. The application requests a zone of R-4. Further the applicant requests preliminary plat approval of the parcel of land above described for 58 single-familyresidential lots on 18.02.acres for proposed Hartford Subdivision. 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'' of February 1999. PUBLISH February 17 & March 3, 1999. 3EIfJSIMS;-CEPUTY CITY CLERK 8 I G� ksr iss • P ���` TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 5, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: AZ -99-002 REQUEST: ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY: GLENN JOHNSON HOMES LOCATION OF PROPERTY OR PROJECT: NORTH OF USTICK RD, EAST OF TEN MILE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK -NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: - HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999 TRANSMITTAL DATE: February 5, 1999 HEARING DATE: March 9, 1999 FILE NUMBER: AZ -99-002 REQUEST: ANNEXATION & ZONING OF 0.38 ACRES FOR PROPOSED HARTFORD SUBDIVISION BY: GLENN JOHNSON HOMES LOCATION OF PROPERTY OR PROJECT: NORTH OF USTICK RD, EAST OF TEN MILE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK -NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: January 26, 1999 Ms. Shari Stiles, City Planner City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Annexation Ammendment and Re -submittal of Hartford Subdivision Preliminary Plat Dear Ms. Stiles; On behalf of Glenn Johnson Homes we hereby request annexation of the Wilder property (lot 13, block 3, with the existing house) and approval for the Hartford Subdivision Preliminary Plat. Annexation and the Preliminary Plat for this development was originally submitted and approved in 1994. All regulatory to agency comments originating from the previous submittal have been incorporated into this Preliminary Plat and application. The present zoning is R-4 in th6 City of Meridian and is consistent with the proposed use. The proposed development is located on 18.02 net acres and contains 58 building lots designated for single- family development. This provides 3.2 dwelling units per acre; R7,4 zoning allows for a maximum of 4 dwelling units per acre. The Hartford 'Subdivision preliminary plat conforms with the Meridian Comprehensive Plan Land Use Map as a single-family residential subdivision. Lot 13 of Block 3 was not purchased as a part of this development but will have the sidewalk extended across the property to meet all development requirements as per original agency comments. The lot will be accessed from N. Ten Mile Rd. and be served by the proposed sewer and water system. This subdivision will contain new sanitary and domestic water mains which will be extended as required to serve this development. A pressurized irrigation system is proposed. The streets are proposed as public streets and will conform to Meridian City Ordinance and Ada County Highway District standards. Sidewalks will be 5 -feet in width. The sizes of the lots and homes will conform to the requirements of the Meridian City Ordinance. No variances are requested. Thank you for your time and consideration of this Annexation Ammendment and Preliminary Plat submittal. Please call if you have any questions. Sincerely, Art Schultz, P.E. cc File Glenn Johnson Richard J.H. Jewell, Planner Treasure Valley Engineers Office. (208) 463-0305 1117 Caldwell Blvd, Suite B, Nampa, Idaho 83651 Faz: (208) 463-7794 x 01/19/99 16:06 FAI 375 0997 - flltlt n>•:I�.0 rt, r:1: it u;=al•:r:uel;r.0 •ru ;�uttttkt;t• e . I,rCAL i)r3f:l?lPI'TW: READ AND Aprilmo: '!rt 191�d4 ACX lb WARRANTY DEED 1 �JUt1U1;3;t: For Value Received RAY WM. WILDER AND JANF.f WILDER, NUSZAND AND WIFE ,a 'The grantor S.A hereby 91 ant.bargrin.Sell ac;conveyunto '.I,7YA LAX?ti D£,I:1..0P14ELrr, i li7;C, A:2_ IDAHO COP.PORA'rION- i thegrantee .-hosecurrentaddressis �c,fl9 BR00AVf mi ri ivF., t+O1SSC, -7 f) 179709 - the following described premises, in AUA County Idaho, to -wit: SEE XMICIIIi1) F.U16IT. A. 101101 nY TUIS R1:FKXI:NCF. 13L'COML••S A PA11'r IIEREOF, AND j WHICH IS COIRPR1Shil OF O:iF. ' I - SECURiTY TITh ;1 C 1 0... Y i Vx LCC'. , HCC�.i•... � �� TO HAVE AND. TO HOLD the sa,d premises. wilti their appurtenances unto the said Grantee S aI5 heirs and assigns forever. And the swd Gr; ntor do hereby covenant to and with the said Grantee . that he the owner in tee simple of said premisds: that they are free ns tram all incumbrances exc.: ;. ,_ rUrrCor ?rats C:t:c u;, rood is tarts, coven;nity, rp6t ri cf [:i, 1 ' rc�crvatiuns, c•asr:c..,r.l::�, Y:}tr*C�+ ;wd right•: :•f wa,�. zpnarent ,r.n( 't-eCot'd. 1 .1rlu that he wo1 v+arrant c:nd deiend the same trr.,n all law( -.I cl,^.:ms whatsoever.. Dated' ly RAY 'a'.'1. WILUkY 1r1 .: nlLlt. 1 S7AFF OF 10 AHO COUN CF A r71 .STAtE OF 1(`M+Q ('),.v TV OF i ,t 1 a �, "i: a?1' r1 t nOr�f)y Lrr GIY Ihtl ty.� msir ur^.0^( -as Lied !01 roeord -11 e i. aelc.e inn anotar•r pum.t,n briar:, •.r.e sa.n State Puar.,.at:y- request of , .. - , C Raz am. :r r: rt ,..r,R iM•.. -r•: at - m,ruies past y thls day o! o Co. and Nuiy IOCW W4 •n puvk r ••� 1 - or UCe•1. .�t.A aq'i 1 ..n..„n 0+ Jan;.119[♦.Ir�r'•o 10 be ln:f- SUt)SCr.L.•7 ru trtrl I1Hfy.nsl4.r+e�rbrl{3 t,�.2o«�cd,oc r• ,..,r .. �' Ti �). i �', t - Fa Anrc,d Ar<:••drr -' . C Adz tIV t � Fers a nn>.... s` i•. t :. M 01/19/99 16:09 FAX 375 0997 WabUUU133 `� tu�rk6F 'a ?� NUBBLE ENGINEERING, INC. i 9550 Bethel Court • Boise, Idaho 83709 2081322-8992 *Fax 2081378-0329 • 9y0 SU q4 �'`Q� ' Project No. 94040 PATEL PURCHASE FROM WILDER The S1/2 of the SW114 of the. SW114 of Section 35, TAN., R.1W., B -M., Ada County, Idaho, more particularly descrbed as follows: BEGINNING at the corner common. to Sections 2 and 3, T.3N., RAW., and Sections 34 and 35, T.4N., R. I W. B.M., from which the South quarter corner of said Section*35 bears South 89015"30" East, 2643.39 feet; Thence North 0053'34" East, 660.85 feet along the West boundary of said Section 35 to the S -S1164 corner; Thence South 89°42WF-ast, 1319.17 feet to the C-S-SW1164 corner; Thence mouth 0°40'05' West, 360.43 feet to the West 1116 corner on the South boun0ary of said Section 35: Thence North 89°15'30" West,• 1321.76 feet to the Point of Beginning. 1, EXCEPTING THEREFROM the following described parce{. • Commencing at the corner common to Sections 2 and 3, T.3N., R.1W., and ^ Sections 34 and 35, TAN., RAW., S.M.; Thence North 0°53'34" East, ?47.44 feet alor19 "the West boundary of said Section 35 to a point; Thence South 80° 1 1'00" East, 45.55 feet to the'REAL POINT OF BEGINNING. / FLIFT FAS"FRLY Thence along aline 45,00W&1eP{y of and pAra liel with the West boundary of said Section 35, North 0`53'34" East; 101.44 feet to a point: Thence Soutth 89014'23" East, 1 ;6.62 feet to a Point: Thence South 0.53'34" West, 123.21 feet to a point; Thence Nortn 30"1 1*00"V-1est. 138:30 feet to the Point of Beginning. Said parcel containing 19.651 acres more or 'ess ' "Si1bjecf to ri'gFiis of= va9 lot West Usticlt Road and Teri *lite Road along the Scutn and West boundaries respectively.. Prepared `by: r HJ6(3LG NGINEERING, 4431 =, OTFJvw/des.666 0. Tdrry.Peugh, P.L 5.. (f3 -O -W acreage included in above dose' pt;oFi is 1 i?3 aaesj;. !6 9, 342 FEB -01 99 MON 11:58 ALL CE TITLE FAX' 08�4' P.03 TITM M.r.-N-MIM. made tblu d.111 of in the y,-xr of our Lnikl one thousand nine hundrer'. -tvd n i. 41L.1 c• -••o. I H. J. SPENMR and CORILLA ht:slband =.-nl w of; CA rof --T. e?), -1 a Ulf. part 'ien of thp first part, and iUY W -ft. WILD?R.and JAWST WTL7.)ER, husband and Isife, I'VZ 61 A,;a StAtc of Idiho the part 18S of tho awond part: g w4W.NX.IAWM4. Tbar the gAid part. i@5 or LIM fll')!�L jArL. On ;.11.! w,AI 01 TSN (,$10.00) and other good and valiv;bIn cnrwj.rM-r*',j.o.n ------ - DOMAWi, (awful money of the Unir4d. States: of America, to them i. -i paid by Ulo naid ps.rt ies , -of tho simind part. the receipt wher— is lirozay ht: ve widw1d, and by theaw 11cw."Le do grant, barb in. g0, vonv,,1 ;i:;,:i.![::::I t!:to the intei jurl. j.rF, of tht r..ncond part, and to their heirs and assirns rnit-mr• n9 f," '1`00'NA t."IA C-MILIv. r itk5zhn, to-wit:Untetk in, County of ,, d -a Thbi,5otith Half of�thG Soutnwesto ^vPtteer Of a SOTtl'ho F5t, Qwirter of $iiction 35, Townah-i...1 4 North, xa,6 Meridian, Idaho. ......... . ,T gpt?�F.-.r -w-th pll wptcr, water ri_,,h#_J d1'.t,..'­f" end di ch "'""`'"rights ol* way appurtenant thereto or,connectmd tb,,,r swi. Lh - A HARTFORD SUBDIVISION NOTARIZED REQUEST FOR ZONING AMENDMENT February 1, 1999 Ms. Shari Stiles, City Planner City of,Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Annexation of the Wilder property ' Located near the NE corner of Ustick Rd. and N. Ten Mile Rd. Dear Ms. Stiles; I, Glenn Johnson, do hereby request annexation and zoning amendment for thepRay & Janet Wilder property,. Parcel SO43536004, located at 3340 N. Ten Mile Road and situated in the S '/4, SW '/4, SW %4, Sec. 35, T4N, R1 W, B.M., Meridian City, Ada County, Idaho, for the development of Hartford Subdivision. } Glenn L. Johnson ACKNOWLEDGEMENT State of Idaho . ) ss County of Ada ) On this j `s� day of AP--bat&-r 1999, personally appeared Glenn L. Johnson, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. Vv otary Public -in and for the State of Idaho �.•��,'� SCH,gh,�% `Residing in,U,5& �4 �OTAR Y +mss My Commission Expires am U ,vG 0) '•i, 9 ?'P of 1—.Soo AUTHORIZATION STATEMENT January 27, 1999 Ms. Shari Stiles, CityPlanner City of Meridian 33 East Idaho Street - Meridian, Idaho 83642 Re: Hartford Subdivision NE corner of Ustick Rd. and N. Ten Mile Rd. Located in the S '/z, SW '/4, SW '/4, Sec. 35, T4N, R1 W, B.M. Meridian City, Ada County, Idaho Dear Ms. Stiles; s We, Ray W. Wilder and Janet Wilder, owners of Parcel No. SO43536004 and located at 3340 N. Ten Mile Rd., Meridian, Idaho, do hereby grant permission to Glenn Johnson Homes to submit application to the required regulatory agencies for development of the e: referenced property which includes annexation of said parcel. Ray W. WAlder anet Wilder ACKNOWLEDGEMENT- State of Idaho ) ) ss County of Ada } On this L day of WkA:nlz 1999, personally appeared Ray W. Wilder and Janet Wilder, known to me o be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. Notary Public in and for theS$at I�'a�o 4# j• Residing in O/, My Commission Expires j '•'� B�'.''. State of Idaho County of Ada OATH Y BEFORE ME, the undersigned, c. , (� �'hc�/'(oQ� , on this. 3 dav of -- k ,1999, personally appeared Ray W. Wilder an`d'Janet Wilder, known to me to be of lawful ages, who being by me first duly sworn; on their oaths. deposes and staies that their property will be posted one week before the public hearing. Posting will,contain name of applicant, description of zoning amendment, -time and date of public hearing. x, Ray W. Vilder J et Wilder 3340 N. Ten Mile Rd. 3340 N. Ten Mile Rd. Meridian, Idaho 83642 Meridian; Idaho 83642 . s _ ACKNOWLEDGMENT State of Idaho) } ss County of Ada) On this, 3 / dav of Aq e -t irV , t999, personally appeared, Ray W Wilder and Janet Wilder, known to me to be the persons whose names are subscribed to the - ��t i.n, 'nstrument and ackr�ivled�c •, ... d to me that 14Q, etiY�e�cut�eod. t.h_ e same ;to ryPubli in and for the Std, AR 1, Residing, in My commission expires / j'�, !► �.• l � • 5: ..0 .-AFFIDAVIT ...AFFIDAVIT . N State of Idaha County of Ada OATH Y BEFORE ME, the undersigned, 2 a (� a on this _day ofL- ,1999, personally appeared Glenn L. Johnson, known to me to be of lawful age, who ` v being by me first duly sworn, on his oath, deposes and states that I have reviewed the contents of the proposed HartfordSubdivision documents that are,being submitted t6the City of Meridian and confirm that the information -contained therein are true and correct to the best of mv;knowledge: Glenn L. Jo nson 2424;5. Maple Grove Rd. Boise, Idaho $3709 ACKNOWLEDGMENT State of Idaho ) ss County of Ada) -On thisX-jda} of L_r �'� .1999, personally appeared Glennr,L. Johnson, . kno,vn tame to be the_persun;whose name is subscribed to the .within.instrument,and -, a. acknowledued,to me that he executed the same. s -Notary Public in and for the State, of-Idaho•.••G•� sCN iy •:, r Residing in/ 1VIv commission expires :a L pUBL G . f is JI HARTFORD SUBDIVISION STATEMENT FOR ANNEXATION r , The proposed'development property was originally annexed in-1994aand rezoned to R-4a The annexation did not include the property located at 3340 N. Ten Mile Road belonging, to Ray W. & Janet Wilder. The original annexation is being amended to include this property; for R4 zoning. A legal description for the entire property is attached herewith. The characteristics of the subject property which make the zoning amendment desirable is that it is surrounded by Meridian City R74 zoning, it only contains 0.35 acres and is' F, } currently zoned RT in Ada County. The rezoning and development of the 0.38 acres is desirable since the property is 7` contiguous to and surrounded by Meridian City limits. Sanitary sewer and water services will be provided to this lot to be consistent with the Planning and Zoning'and Subdivision Ordinances. + ` The proposed zoning amendment is in conformance with the provisions and objectives ` set forth in the.City of Meridian Comprehensive Plan. The development provides right- of-way widening for N. Ten Mile Rd. and E. Ustick Rd., which are designated as Minor Arterial, Yphds. E. Ustick Rd will eventually have a bike lane. t . 7 t 7 + s r , g v . err ,.A Y T n� f u s 77 Ll MINIffid" pr Ti f Y�t� 3 r- LLlvvv Hui j + 711 �'�"� T, -C : � -^�'-�'•---'--r- �--�--/�--�,---*ter-- !' # � t' _ � -.j� �',1'� .�' .Sa .i r��k��Y y^�t F""'"iT'"'� � �J tJ � f"• - rr tf P , i • ` O � _ ars _ %��� ' / Y I r / ' \ Tr'JryRf11GlTfr J � ` -__.-___-_-___�_____ Na iC . ADr: JNE AYE•- �/ \`r,{ �. Ip - 44 ;�i 17, _ -'0h. � ° �•r�,y.oryo 1 /r� +a1ry.°rte-''�•>o>' I (� i -°� I {, I ,. • , ... / �� _ � Il•ryrorr r / � � ' ' x /* 11 1 11. customer Order No. Vame f Y GS -202-2 PRINTED IN U.S.A. CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho {a.b�� Meridian, Idaho 83642 r° ,�J, �tr.s . r© PflIN EEO NIt HI CEJ S�OYIN C_JYEClI1R/�C9ii� ;n. customer Order No. Vame f Y GS -202-2 PRINTED IN U.S.A. CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. 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