HomeMy WebLinkAboutYukon Subdivision AZMayor
ROBERT D. CORRIE
Council Members
CHARLES ROUNTREE
0 HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
GLENNBEN�CE+
RON ANDE OJJN//
KEITH BIRD JAN 0 7 1999
City of Meridian
City Clerk Office
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: February 2, 1999
TRANSMITTAL DATE: January 5, 1999 HEARING DATE: February 9, 1999
FILE NUMBER: AZ -98-106 -
REQUEST: ANNEXATION & ZONING OF 10.02 ACRES FOR PROPOSED YUKON
SUBDIVISION
BY: JAMES & KAREN HOLLISTER
LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road, Between
Ustick and McMillan Road iust North of Summerfield Sub
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
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORT A DEPARTMENT
ADA COUNTY (ANN I N)
YOUR CONCISE REMARKS:
a
MERIDIAN CITY COUNCIL MEETING: MAY 18
1999
APPLICANT: JAMES AND KAREN HOLLISTER
AGENDA ITEM NUMBER: 3
REQUEST: DEVELOPMENT AGREEMENT FOR YUKON SUBDIVISION
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED MINUTES
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: F r
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
r
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
Q�
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
a
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:,
BUREAU OFtRECLAMA,TION:
n-ruFa•
All Materials presented at public meetings shall become property of the City of Meridian
Meridian City Council Meeting
May 4, 1999
Page 4
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to table items number 3
and 4 to be tabled until May 18th. Any further discussion? All those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
Rossman: Ma'am, this is not a public hearing.
Corrie: It's not a public hearing. Sorry.
N
`5 DEVELOPMENT AGREEMENT OF 10.02 FOR PROPOSED YUKON
SUBDIVISION BY JAMES AND KAREN HOLLISTER — EAST SIDE OF
LOCUST GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST
NORTH OF SUMMERFIELD SUB:
s ORDINANCE # - ANNEXATION AND ZONING OF 10.02 ACRES
BY JAMES AND KAREN HOLLISTER:
Corrie: It would be in order to have item number 5 and 6 tabled.
Bentley: So moved.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to table item number 5 and 6
until May 18th. Any further discussion? Hearing none, all those in favor say aye.
MOTION CARRIED: ALL AYES.
7. ORDINANCE #823 - REZONE OF 0.578 ACRES FROM R-15 & R-4 TO L -O
FOR MERIDIAN FIRE STATION BY CITY OF MERIDIAN — WEST OF NORTH
TEN MILE, BETWEEN TETER & MUIRFIELD:
Corrie: Mr. Clerk what is that ordinance number going to be?
Berg: Mr. Mayor and members of the Council, it will be number 823.
Corrie: Would the City Clerk please read Ordinance #823 by title only?
Berg: Yes, thank you Mayor. (ORDINANCE #823 WAS READ BY TITLE ONLY)
• �''-:`, RECORDER
:aVARRO
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115991 y27 pm l: 48
CITY OF MERIDIAN
ORDINANCE NO. 92 5'
EC0R0ED- MuU=SIO�
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FEE DERU i
9905)3458
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA,
STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR
ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE
ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY
RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER
LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS
OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC, OF THE CITY OF
MERIDIAN TO FILE A CERTIFIED COPY ,OF THE ORDINANCE AND MAP OF THE
AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER
AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO,
PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written
request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit:
A parcel of land located in the SW 1/4 of Section 32, Township 4 North, Range 1 East,
of the Boise Meridian, Ada County, Idaho, being more particularly described as follows;
Commencing at the NW corner of the SW 1/4 (West 1/4 corner) of Section 32, T. 4N.,
R. IE., B.M., thence S 0°00'11" E 957.12 feet along the west lane of said Section 32 to
the REAL POINT OF BEGINNING of this description;
Thence N 89050'05" E 1386.36 feet to a point;
Thence N 0'00'57" W 225.95 feet to a point;
Thence N 89°48'44" E 604.48 feet to a point on the east line of said W 1/2;
JAMES AND KAREN HOLLISTER (10.02 ACRES)
ANNEXATION AND ZONING ORDINANCE
Thence S 0°01'20" E 597.78 feet to the SE corner of the W 1/2 of the NE 1/4 of the SW
1/4 of said Section 32;
Thence S 89°48'44" W 663.66 feet to the SW corner of the NE 1/4 of the SW 1/4 of
said Section 32;
Thence N 0°00'57" W 331.85 feet to a point;
Thence S 89°50'05" W 1327.25 feet to a point on the west line of said Section 32;
Thence N 0°00'11" W 40.00 feet to the REAL POINT OF BEGINNING of this
description.
This parcel contains 10.02 acres, more or less, and is subject to all existing easements
and rights-of-way.
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 ' 0 day of
1999.
JAMES AND KAREN HOLLISTER (10.02 ACRES) 2
ANNEXATION AND ZONING ORDINANCE
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,
approval and publication, according to law.
SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following
the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of
Meridian, including the lands herein annexed, with the following officials of the County of Ada,
State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of
the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day
of , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this - day
of � , 1999.
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JAMES AND KAREN HOLLISTER (10.02 ACRES) 3
ANNEXATION AND ZONING ORDINANCE
0 0
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. 92 -5 -
passed by the City Council of the City of Meridian, on the day of,
copy eg
1999, is a true and correct co of the original of said document which is in the Aare,
custody and control of the City Cleric of the City of Meridian.
STATE OF IDAHO,
: ss.
County of Ada,
G. BERG,
o`*` %'s OF
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On this da of �'
Y Y� in the year 1999, before me,
anc, Lj a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian:
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
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DEVELOPMENT AGREEMEc�-Yj
PARTIES: 1. City of Meridian
2. James and Karen Hollister
THIS DEVELOPMENT AG EMENT (this "Agreement"), is
made and entered into this�� day of �j by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and JAMES AND KAREN HOLLISTER, husband
and wife, hereinafter called "DEVELOPER", whose address is 3860 N. Locust
Grove 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 11-2-417D,
which authorizes development agreements upon the
annexation and/or re -zoning of land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"'s described in
Exhibit A, and requested a designation of 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 &
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
Z
0
0
1.6 WHEREAS, record of the proceedings of the 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
1.7 WHEREAS, City Council on the 20th day of April, 1999,
approved Findings of Fact and Conclusions of Law and
Decision and Order Granting Application, a true and
correct copy of which is attached hereto as Exhibit B, and
by this reference incorporated as if set forth in full, which
is 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, which terms and
conditions have been established as a result of evidence
received by the "City" in the proceedings for annexation
and zoning designation and to ensure the annexation and
zoning designation is in accordance with the
Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance #629, January 4, 1994,
and the Zoning and Development Ordinance codified in
Title 11, Municipal Code of the City of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT - 2
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to James and Karen
Hollister, husband and wife, whose address is 3860 N.
Locust Grove Road, Meridian, Idaho 83642 the party
developing said "Property" and/or shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4. PROPERTY USES PERMITTED BY THIS AGREEMENT:
4.1 The uses of the ""Property"" 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.
4.2 "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.
4.3 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
DEVELOPMENT AGREEMENT - 3
5. CONDITIONS GOVERNING DEVELOPMENT OF
PROPERTY:
5.1 "Developer" shall develop the "Property" in accordance
with the following special conditions:
5. 1.1 "Developer" shall obtain and comply with all "City"
ordinances regulating and providing for building
permits and other life safety codes.
5.1.2 The instant application provides that a subdivision
is proposed on the subject parcel; however, the
subject parcel does not have adequate public street
frontage on Locust Grove. Applicants have not
submitted any plans to further subdivide the subject
parcel at this time. Applicants received approval for
a private drive from Ada County. Applicants are
advised that they will not be able to subdivide the
subject "Property" until such time as a public street
is stubbed to the boundary, possibly from the east.
5.1.3 Sanitary sewer serviceability to the proposed site is
questionable since the parcel is on the fringe of the
service area of existing mains. Applicants' engineer
shall verify the feasibility of service.
5.1.4 Water service to the subject parcel could be
extended from the existing main located in Locust
Grove Road.
5.1.5 Any existing irrigation/drainage ditches crossing or
adjacent to the subject "Property" shall be tiled per
City Ordinance 1 1-9-605.M. The ditches to be
piped shall be designated on the site plans. Plans
shall be subject to approval by the appropriate
irrigation/drainage district, or lateral users
association, with written confirmation of said
approval submitted to the Public Works
Department. No variances have been requested for
tiling of any ditches crossing this project. The
provisions of this requirement shall not apply for the
limited purpose of the construction of the proposed
DEVELOPMENT AGREEMENT - 4
roadway but shall apply if there is additional
development of the subject real "Property" other
than ordinary maintenance and replacement of
existing improvements.
5.1.6 Any existing domestic wells and/or septic systems
within the subject "Property" shall be removed from
their domestic service per City Ordinance Section 5-
7-5 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
5.1.7 Well No. 18 will need to be in service prior to
allowing any more development in the subject
pressure zone.
5.1.8 Applicants shall submit plans prior to relocation of
the proposed private drive.
5.1.9 In the event that the proposed private drive is not
paved, Applicants shall provide adequate dust
abatement.
6. INSPECTION: "Developer" shall, immediately upon completion
of any improvements or portions thereof, notify the City Engineer and request
the City Engineer's inspections and written approval of such completed
improvements or portions thereof in accordance with the terms and conditions
of this Development Agreement and all other ordinances of the "City" that
apply to said Development.
7. DEFAULT:
7.1 The "Developer", "Developer"'s heirs, successors, assigns,
or subsequent owners of the "Property" or any other
person acquiring an interest in the "Property" are in
default of this agreement when the same fail to faithfully
comply with any and all of the terms and conditions
included in this Agreement in connection with the use
and/or development of the "Property".
7.2 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 default waived and shall not bar any
DEVELOPMENT AGREEMENT - 5
0
11
other rights or remedies of "City" or apply to any
subsequent default of any such or other covenants and
conditions of this agreement.
8. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer consents upon default to the de -annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to -wit:
8.1 That the "City" provide 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. T
mbe extended by "City" dust cause and
=Tt��p_Mc-xtay
for annexatio n been -made by
"Developer" prior to piration of two (2) year
period, and of e "City" lied with the notice
and h procedures as outlined in 7-6509 or
g P l-�
subsequent amendments or recodifications t reof.
9. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'S cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
10. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as R-4 Low Density Residential codified at Section 11-2-408 B 3
Municipal Code of the City of Meridian.
11. REMEDIES: In addition to those matters governed under the
section of this Agreement entitled "Compliance Period/Consent to Rezone"
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
DEVELOPMENT AGREEMENT - 6
0
0
appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
11.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to 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.
11.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
12. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled
Ordinances of the City of Meridian, to insure that installation of the
improvements, and the "Developer" agrees to provide such, if required by the
«City„
13. CERTIFICATE OF OCCUPANCY 4The "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".
14. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property"
DEVELOPMENT AGREEMENT - 7
shall be subject to de -annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
15. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Cleric
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPER:
James and Karen Hollister
3860 N. Locust Grove Road
Meridian, Idaho 83642
15.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
16. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
17. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
DEVELOPMENT AGREEMENT - 8
E
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
18. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and each other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent 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.
19. TERMINATION OF AGREEMENT: "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, determines after the "City" has complied with the notice and
hearing procedures as outlined in I.C. § 67-6509, or any subsequent
amendments or recodifications thereof that the "Developer" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised therefrom this Agreement and the invalidity thereof shall
not affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, amendments, conditions and understandings
between "Developer" and "City" relative to the subject matter hereof, and
there are no promises, agreements, conditions or understandings, 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 resolution of City Council.
2 1. 1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the "City" has
DEVELOPMENT AGREEMENT - 9
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall
be effective on the date the Meridian City Council shall adopt the amendment
to the Meridian Zoning Ordinance in connection with the annexation and
zoning of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - 10
Cl
ACKNOWLEDGMENTS
0
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
BY RESOLUTION NO.
Attest:
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CITY OF MERIDIAN
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DEVELOPMENT AGREEMENT - 11
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STATE OF IDAHO )
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COUNTY OF ADA)
On this day of , in the year 1999, before
me, D a Notary Public, personally appeared James R.
Hollister4nd Karen Hollister, husband and wife, known or identified to me to be
the persons who executed the instrument and acknowledge to me having executed
the same.
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STATE OF IDAHO
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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.
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EXHIBIT A
Legal Description Of Property
DEVELOPMENT AGREEMENT - 13
0
EXHIBIT "A"
A parcel of land located in the SW 1/4 of Section 32, Township 4 Noah,
Range 1 East, of the Boise Meridian, Ada County, Idaho, being more
particularly described as follows;
Commencing at the NW corner of the SW 1/4 (West 1/4 corner) of Section
32, T. 4N., R. IE., B.M., thence S 0100'1 1" E 957.12 feet along the ,vest lane
of said Section 32 to the REAL POINT OF BEGINNING of this description;
Thence N 89°50'05" E 1386.36 feet to a point;
Thence N 0°00'57" W 225.95 feet to a point;
Thence N 89048'44" E 604.48 feet to a point on the east line of said W V2;
Thence S 0°01'20" E 597.78 feet to the SE corner of the W 1/2 of the NE 1/4
Of the SW 1/4 of said Section 32;
Thence S 89°48'44" W 663.66 feet to the SW corner of the NE 1/4 of the SW
1/4 of said Section 32;
Thence N 0°00'57" W 331.85 feet to a point;
Thence S 89°50'05" W 1327.25 feet to a point on the west line of said Section
32;
Thence N 0'00'11" W 40.00 feet to the REAL POINT OF BEGINNING of
this description.
This parcel contains 10.02 acres, more or less, and is subject to all existing
easements and rights-of-way.
L�
EXHIBIT B
0
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF JAMES AND
KAREN HOLLISTER, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 10.02 ACRES
Case No. AZ -98-106
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 March 16, 1999, and continued until April 6, 1999, at the hour
of 7:30 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and the
Applicant's representative, Stilman Anderson, architect, for James and Karen
Hollister, having appeared and testified, and Tom Davis appeared and testified as an
affected property owner 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 Lav, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
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 March 16, 1999, and continued until April 6, 1999, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred (300') feet of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing; and that
copies of all notices were made available to newspaper, radio and television stations
as public service announcements; and the matter having been duly considered by the
City Council at the March 16, 1999, and continued until April 6, 1999, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
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 inaps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 10.02 acres in size. The property is
generally located east of Locust Grove Road, between Usticic and McMillan Road just
north of the Summerfield Subdivision. The property is designated as Yukon
Subdivision.
5. The owners of record of the subject property are James R. Hollister and
Karen L. Hollister, of 3860 N. Locust Grove Road, Meridian, Idaho.
6. Applicants are the record owners of the property and filed a written
request for annexation and zoning.
7. The property is presently zoned by Ada County as Rural Transition
(RT), and consists of undeveloped, open land with a single residence.
8. The Applicants request the property be zoned as Low Density
Residential (R-4).
9. The proposed site of the subject property is located on the east side of
Locust Grove Road between Usticic Road and McMillan Road, north of the
Summerfield Subdivision.
10. The subject property is bordered to the north by land owned by the
Meridian Joint School District No. 2 and the Heritage Subdivision and by
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
0
undeveloped land to the east and west. The city limits of the City of Meridian are
adjacent and abut to the south of the subject property.
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: Construct a private drive back to the existing residence with no other
specific plans for development of the subject property.
14. Applicants' requested zoning of the subject real property as Low Density
Residential (R-4) is consistent with the current 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. The land within the proposed annexation area is contiguous to the
present city limits of the City of Meridian, and the annexation would not be a
shoestring annexation.
17. The property which is the subject of this application is within the Area
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
9 0
of Impact of the City of Meridian.
18. 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.
19. 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:
19.1 The instant application is being filed separately from the application
filed by the Meridian School District. However, the two applications
are for contiguous parcels. The Applicants must submit a legal
description which meets the requirements of the City of Meridian and
the Idaho State Tax Commission.
19.2 The instant application provides that a subdivision is proposed on the
subject parcel; however, the subject parcel does not have adequate
public street frontage on Locust Grove. Applicants have not submitted
any plans to further subdivide the subject parcel at this time.
Applicants received approval for a private drive from Ada County.
Applicants are advised that they will not be able to subdivide the
subject property until such time as a public street is stubbed to the
boundary, possibly from the east.
19.3 Sanitary sewer serviceability to the proposed site is questionable since
the parcel is on the fringe of the service area of existing mains.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
• 0
Applicants' engineer shall verify the feasibility of service.
19.4 Water service to the subject parcel could be extended from the existing
main located in Locust Grove Road.
19.5 Any existing irrigation/drainage ditches crossing or adjacent to the
subject property shall be tiled per City Ordinance 1 1-9-605.M. The
ditches to be piped shall be designated on the site plans. Plans shall be
subject to approval by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project. The provisions
of this requirement shall not apply for the limited purpose of the
construction of the proposed roadway but shall apply if there is
additional development of the subject real property other than ordinary
maintenance and replacement of existing improvements..
19.6 Any existing domestic wells and/or septic systems within the subject
property shall be removed from their domestic service per City
Ordinance Section 5-7-5 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
Adopt the Water Department Recommendations as follows:
19.7 Well No. 18 will need to be in service prior to allowing any more
development in the subject pressure zone.
The Planning and Zoning Commission further advises:
19.8 Applicants shall submit plans prior to relocation of the proposed private
drive.
19.9 In the event that the proposed private drive is not paved, Applicants
shall provide adequate dust abatement.
20. Due to a neighboring application for annexation and zoning, the parcel
to the north of the subject parcel by the Joint School District No. 2, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
requirements for landscaping associated with that development request, and due to
its proximity to the applicant's proposed private driveway, there is no need to require
that applicants provide a five foot minimum buffer planting strip between the
existing subdivision and the proposed private drive as was recommended by Planning
and Zoning.
21. Mr. Tom Davis expressed concern over trash blowing onto his
agricultural fields from the subject property and requested fencing of the eastern
boundary but the Council finds that due to the fact that no development is
anticipated other than a driveway, that no such fencing shall be required.
22. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these findings of fact no. 19, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
23. It is found that the following are development considerations which
must be taken into account, in order to assure the proposed development is designed,
constructed, operated and maintained in a manner which is harmonious and
appropriate in appearance with the existing, or intended character of the general
vicinity, in order to assure that the proposed use will not change the essential
character of the affected vicinity and will insure that the proposed uses will not be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
0 0
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:
23.8 Applicants shall submit plans prior to relocation of the proposed private
drive.
23.9 In the event that the proposed private drive is not paved, Applicants
shall provide adequate dust abatement.
24. 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.
25. There are no major or scenic features of major importance that affect
the consideration of this application.
26. The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City
as follows:
26.1 Under the section entitled "Foreward" Goals of the Comprehensive Plan,
Goal no. 2 at page 5; and
26.2 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
L7-
27. 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 I1-
2-417 provides the City may annex real property that is within the Meridian Urban
Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Commission may take judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
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 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.
5. The requested zoning of Low Density Residential, (R-4) is defined in
the Zoning Ordinance at 11-2-408 B. 3. as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be
permitted and no conditional uses shall be permitted except for Planned
Residential Development and public schools. The purpose of the (R-4)
District is to permit the establishment of low density single-family dwellings,
and to delineate those areas where predominately residential development has,
or is likely to occur in accord with the Comprehensive Plan of the City, and to
protect the integrity of residential areas by prohibiting the intrusion of
incompatible non-residential uses. The (R-4) District allows for a maximum of
four (4) dwelling units per acre and requires connection to the Municipal
Water and Sewer systems of the City of Meridian.
6. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
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
14., which pertains to pressurized irrigation systems.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
.AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
i
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
0 •
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 10.02 acres located on
the east side of Locust Grove Road, between Usticic and McMillan Roads, just north
of Summerfield Subdivision, 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 instant application is being filed separately from the application
filed by the Meridian School District. However, the two applications are for
contiguous parcels. The Applicants 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 The instant application provides that a subdivision is proposed on the
subject parcel; however, the subject parcel does not have adequate
public street frontage on Locust Grove. Applicants have not submitted
any plans to further subdivide the subject parcel at this time.
Applicants received approval for a private drive from Ada County.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
C�
M
Applicants are advised that they will not be able to subdivide the
subject property until such time as a public street is stubbed to the
boundary, possibly from the east.
4.2 Sanitary sewer serviceability to the proposed site is questionable since
the parcel is on the fringe of the service area of existing mains.
Applicants' engineer shall verify the feasibility of service.
4.3 Water service to the subject parcel could be extended from the existing
main located in Locust Grove Road.
4.5 Any existing irrigation/drainage ditches crossing or adjacent to the
subject property shall be tiled per City Ordinance 1 1-9-605.M. The
ditches to be piped shall be designated on the site plans. Plans shall be
subject to approval by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project. The provisions
of this requirement shall not apply for the limited purpose of the
construction of the proposed roadway but shall apply if there is
additional development of the subject real property other ordinary
maintenance and replacement of existing improvements.
4.6 Any existing domestic wells and/or septic systems within the subject
property shall be removed from their domestic service per City
Ordinance Section 5-7-5 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
4.7 Well No. 18 will need to be in service prior to allowing any more
development in the subject pressure zone.
4.8 Applicants shall submit plans prior to relocation of the proposed private
drive.
4.9 In the event that the proposed private drive is not paved, Applicants
shall provide adequate dust abatement.
4.10 Applicants shall submit plans prior to relocation of the proposed private
drive.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held April 6, 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILMAN GLENN BENTLEY
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 2 Q
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
VOTED
VOTED
VOTED
VOTED
VOTED
1
• 0
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By- 6` Dated:
City Clerk
msg/ZAWork\N1\Meridian 15360M\Hollister, J
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND I<AREN HOLLISTER
MERIDIAN CITY COUNCIL MEETING
MAY 18, 1999
PAGE 4
Bentley: Under the guidelines of the new ordinance, there isn't any. They all are
citizens at large.
Rountree: And that's why I asked the question, is the understanding on the part of this
individual that they are a citizen at large or a representative of Western Ada
Recreation? And if they're representing themselves as Western Ada Recreation, it
shouldn't be.
Bentley: No, they are not representing — all the individuals there now understand and
Tom can verify this that it is now citizens at large. There is no entities involved, and that
was by desire with them drawing up the ordinance change.
Rountree: Thank you Mr. Mayor.
`Corrie: Sorry for the misunderstanding.
Rountree: No problem.
Corrie: I didn't understand what the question was I guess. Any further discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: 3 AYES, 1 NAY.
3. TABLED 5/4/99: DEVELOPMENT AGREEMENT OF 10.02 FOR PROPOSED YUKON
SUBDIVISION BY JAMES AND KAREN HOLLISTER — EAST SIDE OF LOCUST
GROVE ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF
SUMMERFIELD SUB:
Corrie: I understand that we do have the development agreement signed today. Is that
right Mr. Gigray?
Gigray: Mr. Mayor, members of the Council, the Clerk's office I believe has a signed
development agreement. There's a portion of that that is x'd through by the Hollisters
and there's a small bit of language added that's in writing. I have reviewed that. Since
this was a proposed annexation, which of course is contingent that makes contingent
the school district property and because this particular applicant did not have a specific
development in mind other than a road, and going back through the record I didn't see
where there was a time limit requirement on when the development would occur which
is usually in our standard form. They had x'd that part out. I think that's consistent with
the record and then the only other thing that they had written in was a certificate of
occupancy would not include and by interpretation I would advise city staff that certainly
a certificate of occupancy would not be required for the existing residence on the
property, and 1 believe they'd written that on there. Other than that, I believe that it's as
presented.
I
MERIDIAN CITY COUNCIL MEETING
MAY 18, 1999
PAGE 5
t
r
Corrie: Any other discussion? Mr. Clerk you do have that signed one then; is that
correct?
Berg: Mr. Mayor, members of the Council, yes I do.
I
Corrie: Any other questions?
Rountree: Mr. Mayor I move that we approve the development agreement with the
changes noted on the signed version of the development agreement from the Hollisters.
r
Bentley: Second.
Corrie: Motion made and second that we approve the development agreement with the
changes as noted. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES.
4. TABLED 5/4/99: ORDINANCE #825 - ANNEXATION AND ZONING OF 10.02 ACRES
BY JAMES AND KAREN HOLLISTER:
I
Corrie: Mr. Clerk, would you read Ordinance and assign it a number please and read it
by title only.
Berg: Yes, thank you Mr. Mayor. (ORDINANCE #825 WAS READ BY TITLE.ONLY).
I
Corrie: Is there anyone from the audience who would like to have Ordinance #825 read
in its entirety? Hearing none, Council I will entertain a motion for Ordinance #825.
Rountree: Mr. Mayor, I move that we approve Ordinance #825 with suspension of
rules.
r
Bird: Second.
Corrie: Motion is made by Mr. Rountree second by Mr. Bird to approve Ordinance #825
with suspension of rules.
3
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
I
I
MERIDIAN CITY COUNCIL MEETING: MAY 4 1999
APPLICANT: JAMES & KAREN' HOLLISTER AGENDA ITEM NUMBER: 6
}
REQUEST: ANNEXATION & ZONING ORDINANCE
AGENCY r= COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM 4/20/99
CITY ENGINEER:
CITY PLANNING DIRECTOR:
SEE ATTACHECf�%T `�--'-,'ORDINANCE
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:
4
INTERMOUNTAIN GAS:;
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
I'
1 • •
Meridian City Council Meeting
April 20, 1999
Page 8
approval of the proposed development agreement, but that you hold action on approval
of the annexation ordinance on the school district one meeting behind approval of the
annexation ordinance on Hollister so that when those are submitted to the State Tax
Commission and for recording, it is clear that one has been recorded and is enacted
before the other so that we don't have the State Tax Commission sending back the
ordinance because of that particular issue. I checked with Bruce Freckleton today
about that. I had some concern about what might happen. He indicated that that would
be a possibility and that the prudent thing to do would be to move in that fashion.
Corrie: Okay hearing no objections from the Council we'll move item ten back to nine if
no objection.
r;10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
_ ANNEXATION & ZONING OF 10.02 FOR PROPOSED YUKON SUBDIVISION
BY JAMES -AND KAREN HOLLISTER -- EAST SIDE OF LOCUST GROVE
ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF
SUMMERFIELD SUB:
Corrie: Any staff comments on item number 10?
Gigray: Mr. Mayor and members of the Council, we've prepared these at the direction
of the City Council based on action taken at the last meeting. We have included the
staff findings. There was some issue with regards to the requirement for landscaping
adjacent to the road. I believe that that's been taken care of here and there's a specific
finding in these proposed findings relative to that point due to the application of the
School District that there wouldn't need to be landscaping adjacent to the subdivision. I
would say that I have comment with a representative of the Hollisters in this matter and
think the language of all of this has been worked. out.'
Corrie: Any other comments of Council?
Rountree: Mr. Mayor, item 4.11 on page 13 is a repeat, so I would suggest that we in
the motion just delete that item. 4.9 is the same. 4.11 and 4.9 are the same.
Corrie: 4.11 then. Any further comments? I'll entertain a motion on item number 10.
I
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law and the Decision and Order granting application for annexation and zoning with the
exclusion of item 4.11 on page 13.
Bentley: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings
of Fact and Conclus1 ions of Law with the exclusion of item 4.11. Any further discussion?
r
r'
Meridian City Council Meeting
April 20, 1999:
Page 9
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
9. FINDINGS -`OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING OF 40.55 ACRES BY MERIDIAN SCHOOL
DISTRICT NO. 2 — EAST SIDE OF LOCUST GROVE ROAD, BETWEEN
USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB:
Corrie: Going back to item number nine then with the recommendation that we table
item number nine 'for the next meeting according to the City Attorney's explanation. Any
other comments fr`bm staff our Council?
(Inaudible)
Corrie: Did you say table?
Gigray: Mr. Mayor' and members of the Council, with regards to item number nine, we
have a form development agreement for that because there were some conditions
requested as a condition of annexation and I don't know how you do that without one,
so we prepared one for submission, and then I believe there is also an annexation and
zoning ordinance for the Hollister property which we have prepared for your
consideration. You might put that on and have someone sponsor it for reading if you
approve these actions. That could complete your action on the Hollister — on the School
District property. You certainly could I think move forward and approve the findings if
you find those satisfactory as well as the form of the development agreement and then
hold the action on `that annexation ordinance until we've completed the other.
Corrie: Okay.
Rountree: I'm not confused. I just don't know what's going on.
Bird: I'm real confused.
Rountree: You say you do have an annexation ordinance.
Gigray: We have T I hope you have one there because I have prepared in my file a
development agreement and an annexation ordinance that was sent.
Bird: We don't have that Bill.
Gigray: Maybe it wasn't sent over. It's been prepared.
Bentley: Yeah, we haven't got it.
Gigray: Well never,mind. You would just hold that until the next meeting.
Bird: How about number nine?
Bentley: We can approve the findings on nine.
C�
i
s;
1.
MERIDIAN CITY COUNCIL MEETING: MAY 4, 1999
4
APPLICANT: JAMES & KAREN HOLLISTER AGENDA ITEM NUMBER: 5
REQUEST:
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:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
SEE ATTACHED MINUTES FROM 4/20/99
SEE ATTACHED DEVELOPMENT AGREEMENT
(0 f�
P�l
-41A VP
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 8
approval of the proposed development agreement, but that you hold action on approval
of the annexation ordinance on the school district one meeting behind approval of the
annexation ordinance on Hollister so that when those are submitted to the State Tax
Commission and for recording, it is clear that one has been recorded and is enacted
before the other so that we don't have the State Tax Commission sending back the
ordinance because of that particular issue. I checked with Bruce Freckleton today
about that. I had some concern about what might happen. He indicated that that would
be a possibility and that the prudent thing to do would be to move in that fashion.
Corrie: Okay hearing no objections from the Council we'll move item ten back to nine if
no objection.
10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING OF 10.02 FOR PROPOSED YUKON SUBDIVISION
BY JAMES AND KAREN HOLLISTER -- EAST SIDE OF LOCUST GROVE
ROAD, BETWEEN USTICK AND MCMILLAN ROAD JUST NORTH OF
SUMMERFIELD SUB:
Corrie: Any staff comments on item number 10?
Gigray: Mr. Mayor and members of the Council, we've prepared these at the direction
of the City Council based on action taken at the last meeting. We have included the
staff findings. There was some issue with regards to the requirement for landscaping
adjacent to the road. I believe that that's been taken care of here and there's a specific
finding in these proposed findings relative to that point due to the application of the
School District that there wouldn't need to be landscaping adjacent to the subdivision. I
would say that I have comment with a representative of the Hollisters in this matter and I
think the language of all of this has been worked out.
Corrie: Any other comments of Council?
Rountree: Mr. Mayor, item 4.11 on page 13 is a repeat, so I would suggest that we in
the motion just delete that item. 4.9 is the same. 4.11 and 4.9 are the same.
Corrie: 4.11 then. Any further comments? I'll entertain a motion on item number 10.
Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law and the Decision and Order granting application for annexation and zoning with the
exclusion of item 4.11 on page 13.
Bentley: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings
of Fact and Conclusions of Law with the exclusion of item 4.11. Any further discussion?
• 0
Meridian City Council Meeting
April 20, 1999
Page 9
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING OF 40.55 ACRES BY MERIDIAN SCHOOL
DISTRICT NO. 2 — EAST SIDE OF LOCUST GROVE ROAD, BETWEEN
USTICK AND MCMILLAN ROAD JUST NORTH OF SUMMERFIELD SUB:
Corrie: Going back to item number nine then with the recommendation that we table
item number nine for the, next meeting according to the City Attorney's explanation. Any
other comments from staff our Council?
(Inaudible)
Corrie: Did you say table?
Gigray: Mr. Mayor and members of the Council, with regards to item number nine, we
have a form development agreement for that because there were some conditions
requested as a condition of annexation and I don't know how you do that without one,
so we prepared one for submission, and then I believe there is also an annexation and
zoning ordinance for the Hollister property which we have prepared for your
consideration. You might put that on and have someone sponsor it for reading if you
approve these actions. That could complete your action on the Hollister — on the School
District property. You certainly could I think move forward and approve the findings if
you find those satisfactory as well as the form of the development agreement and then
hold the action on that annexation ordinance until we've completed the other.
Corrie: Okay.
Rountree: I'm not confused. I just don't know what's going on.
Bird: I'm real confused.
Rountree: You say you do have an annexation ordinance.
Gigray: We have — I hope you have one there because I have prepared in my file a
development agreement and an annexation ordinance that was sent.
Bird: We don't have that Bill.
Gigray: Maybe it wasn't sent over. It's been prepared.
Bentley: Yeah, we haven't got it.
Gigray: Well never mind. You would just hold that until the next meeting.
Bird: How about number nine?
Bentley: We can approve the findings on nine.
Mayor
ROBERT D. CORRI :
Council Members
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
13_x:4010181:3
TO:
FACSIMILE COVER SHEET c
33&'-3& o DATE: V 1
'Aay.,n, ftnd'a�-,son
TITLE/DEPARTMENT:
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):-/ te
FROM: CITY OF M
NAME:
TITLE/DEP
COMMENTS:
DIAN - FAX NUMBER: (208) 888-4218
t
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
• HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208)884-4264
CITY OF MERIDIAN
PUBLIC WORKS
33 EAST IDAHO
BUILDING DEPARTMENT
MERIDIAN, IDAHO 83642
(208) 887-2211
Phone (208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
FACSIMILE COVER SHEET c
33&'-3& o DATE: V 1
'Aay.,n, ftnd'a�-,son
TITLE/DEPARTMENT:
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):-/ te
FROM: CITY OF M
NAME:
TITLE/DEP
COMMENTS:
DIAN - FAX NUMBER: (208) 888-4218
t
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
interoffice
MEMORANDUM N(I�
To: a William G. Berg, Jr.
w
From: Marlene St. B7
r
Subject: JAMES AND KAREN HOLLISTER ANNEXATION AND ZONING
File no. AZ -98-106
Date: April 26,"1999
Will:
i
Pursuant to Council action at the City Council meeting of April 20,
1999, please find attached to this memo the revised Findings of Fact<iand the
Development Agreement. The Findings were approved with the deletion of 4.11 on
page 14 , which language was a repeat'of 4.9. The Development Agreement has also
been changed to reflect this deletion. The Findings will,need to be attached to the
Development Agreement, since they have now been approved by Council, and with
the above deletion, may be added as Exhibit "B".
The Development Agreement may now be submitted to the owners to
obtain their signatures.1.
If you have any questions`please advise.
msg\Z:\Work\M\Meridian 15360M\Hollister, J&K\C1erkFfDevAgmtApr26 m.
MERIDIAN CITY COUNCIL MEETING:
APRIL 20 1999
APPLICANT: JAMES AND KAREN HOLLISTER AGENDA ITEM NUMBER: 10
REQUEST:- ANNEXATION & ZONING OF YUKON
AGENCY
COMMENTS
CITY CLERK:
SEE ATTACHED MINUTES FROM 4/6/99
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:U
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
1
Materials presen ed at public meetings shall become property of the City of Meridian.
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 35
the modifications of item 1.4 as it relates to irrigation ditch tiling and align the
established approximate center on a west -east basis that any development north of that
line would require the tiling of the ditches any development south of that line ditch tiling
would be deferred and that item 1.8A be modified and it be clear that the option is the
fencing of the entire eastern boundary of the school district property.
Bird: Second.
Corrie: Motion made by Mr. Rountree seconded by Mr. Bird to direct the city attorney to
draw up the Findings of Fact and Conclusions of Law with the modifications stated on
record. Any further discussion on the motion? Hearing none, all those in favor of the
motion as stated?
MOTION CARRIED: All ayes.
ITEM NO. 13: REQUEST FOR ANNEXATION & ZONING OF 10.02 FOR PROPOSED
YUKON SUBDIVISION BY JAMES AND KAREN HOLLISTER:
Corrie: So we will have item no. 13 as a continued public hearing. I will open the public
hearing back for the continued public hearing and Shari do you want to give us the run
down real quickly and then Mr. Hollister or Mrs. Hollister, either one.
Stiles: Mr. Mayor and council you have heard quite a bit about this property already, as
a condition of this annexation I think that we should include that the east property
boundary of this property also be fenced prior to any construction on any of the schools
property. We have received a letter from Mr. Hollister and I would like to clarify for the
record that the City of Meridian did not request this annexation, it was required in order
for the school district to be contiguous to the City of Meridian, but just to make sure that
everybody understands that the City of Meridian did not request this annexation to be
submitted. Other than that, there are no plans for a subdivision, it was a little confusing
because it has been advertised as the Yukon Subdivision, it is only a request for
annexation and zoning, there is no subdivision request at this time. I believe the name
Yukon Subdivision was part of a previous application in the county for some kind of a
subdivision of the property, but no plans have been submitted for any subdivision and I
guess I'll let the applicant or his representative make any presentation that they have.
STILLMAN ANDERSON, LEATHAM & KROHN.
Anderson: The Hollisters are requesting clarification on item 1.5 of the
recommendations that are on page 4. As they are not planning on a subdivision or
doing any development at this time, their concern is do they have to tile any of the
ditches or drainage that crosses their property? Also, under Planning and Zoning
Commission further advisement on 1.8 they are in opposition to a five foot buffer planter
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 36
strip along their (Inaudible) in access of 1500 foot private driveway. They feel that the
reason that was requested by some of the residents of Summerfield Subdivision was
that they were quite concerned with what the school property was going to be
developed into, what the school is going to look like. They were concerned that they
would not have a say. So they felt that if they could get some landscaping between
their property and the school district property then they would not have to look at
whatever is there. That is one reason that it was requested that their annexation be
after the schools so that it could be pointed out that between the south property line of
the school district property and the building, there are three lines of landscaping. To put
another requirement for the Hollisters to have landscaping along their driveway they feel
is in excess. I'm sure that Mr. Hollister will have something to say about a six foot fence
along his eastern property, but as that was not part of the information presented to us,
that was not discussed with him prior to this meeting.
Corrie: Any questions? Anyone else like to issue testimony?
TOM DAVIS, 2740 EAST USTICK ROAD, MERIDIAN, ID.
Davis: I have the property as I was just up here -east of the Hollister property. We filed
the letter with Planning and Zoning Commission requesting a fence at that time, so I
think he has, he did know that we were requesting a fence. An R-4 means to me
anyway, means that it could have houses on it. That was one of the reason if the
school fence comes down to his property line, I urge you to have him put the fence on
from the schools property line to Summerfields so we will have a way to block the
building refuge and stuff from the school or any other papers and stuff. That's all.
Corrie: Anyone` else like to issue testimony at this time? Hearing none. I'll entertain a
motion to close the public hearing.
Rountree: Mr. Mayor, I have a question that we may want the answer in the record
before you move to close the hearing. It's a question for council, it may not need to be
on the record, but I need—the suggested change from the applicant about the five foot
minimum buffer planting strip that is included in the recommendation from P & Z. If we
were to entertain removing that recommendation, would that constitute a significant
change as the result of the previous public hearing. I don't see any of those folks here
this evening and I don't know if they are working on the presumption that that is a done
deal. They are going to have a five foot buffer and if we were to do something this
evening that would change that are we procedurally in error? We do—we are having a
public hearing tonight to receive that testimony. Where are we with that?
Gigray: In my opinion it's not a major change, if you were to reject the recommendation
of the Planning and Zoning Commission and say that you want a zone that something
0 •
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 37
else, rather than what they have recommended, I would say absolutely, you would
have to—you are not changing the application.
Rountree: Okay.
Gigray: I think you would be in your (Inaudible) to do that.
Rountree: Thank you. Mr. Mayor I move that we close the public hearing.
Bird: Second. `
Corrie: Motion made and seconded to close the public hearing. All those in favor say
aye.
MOTION CARRIED: All ayes.
Rountree: Mr. Mayor, as the applicant indicated, they would like some immediate relief
from tiling ditches with this annexation I would suggest that we could put it in language
that would defer that until such time as development occurred. Per the other suggestion
that was made by the applicant on Item 1.8, the buffer planting strip—[ have a hard time
saying what advantage that is going to be to any one other than it's going to be—it
could be more of a detriment than a positive statement if it's not maintained for that
many feet by one private individual, and that could very well happen, so I would be
inclined to strike that particular provision.
Bentley: Mr. Mayor, I would concur, I don't see the use of that planting strip at this time.
I think if something needs to be addressed later, when they come back with some form
of development then we could address it at that time. I also agree with putting off of
tiling ditches until come forth with a plan.
Corrie: (Inaudible) condition on this later?
Bentley: That's correct.
Gigray: I would advise—the council has a good question by Councilman Rountree, I
was just telling Councilman Bird that since this particular applicant is not in the process
of any particular development, if you were.going to impose any conditions upon
annexation I think we would need a development agreement in this matter, otherwise
it's just zoned and they are off and running and I would prepare a development
agreement with those changes.
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 38
Bird: I move that we instruct counsel to Findings of Fact and Conclusions of Law and
Decision of Order and a development agreement for the Yukon Subdivision by James
and Karen Hollister for annexation and zoning of 10.02 acres.
Rountree: Second.
Corrie: Okay, motion made by Mr. Bird, seconded by Mr. Rountree to direct the
attorney to draw up Findings of Fact and Conclusions of Law'with order for the
annexation and zoning of the Yukon Subdivision. Is there any further discussion?
Hearing none. All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Gigray: A point of information, with that motion I am not including a lands—a buffer and
the tiling, until development otherwise occurs on that property.
Corrie: Along with a development agreement.
ITEM NO. 14: PUBLIC HEARING: REQUEST FOR REZONE OF .578 ACRES FORM
R-15 AND R-4 TO L -O BY THE CITY OF MERIDIAN:
Corrie: Open the public hearing for item no. 14.
KENNY BOWERS, 33 E IDAHO, MERIDIAN, ID.
Bowers: Mayor Corrie and City Council, by our Comprehensive Plan a fire station does
not fit into this area that was'zoned. So we discussed it with Shari and she suggested
that we go L -O in this area for rezoning. This is the property on Ten Mile that was
donated to us by Mr. Teeter. We've looked through all the comments and we don't
have any problems at all with any of the comments. This is the property that we want
to build a substation on that the building will look like a house on one end with an
oversized garage on the other end. Are there any other questions?
Anderson: How are you coming on getting the water and sewer stubbed to that
property before they overlay Ten Mile Road?
Bowers: I've got one bid in today, I'm waiting for the other bids so we should be able
to—as soon as we get the bids in probably be able to do that at the end of this month,
bring in the water and the sewer.
Bird: Is it going to come across the street for water and sewer?
Rountree: It's in the street.
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
rATTORNEYS AT LAW
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
April 15, 1999
William G. Berg, Jr., City Cleric
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
APR 16 1999
Cit.v of ,Ieridian
City Clerk Office
Re: JAMES AND KAREN HOLLISTER / ANNEXATION AND ZONING
FINDINGS and the DEVELOPMENT AGREEMENT
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING_ prepared .as .per instructions from the Council meeting of April
6`h, and which are on the agendJ`. a fR or April 20th.
I have"also attached hereto the Development Agreement for the above matter. After
the Council meeting of April 20, 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 tr y vul
i%
�. Gyray,-p
msg\Z:\wor1-\M\N4eridian 15360M\Hollister, J&K\FFCL and DevAgtClk.ltr
200 EAST CARLTON AVENUE, SUITE 31
JUSTIN P. AYLSWORTH
POST OFFICE BOX 1150
JULIE KLEIN FISCHER
MERIDIAN, IDAHO 83680-1150
Wm. F. GIGRAY, III
TEL (208) 288-2499
D. SAMUEL JOHNSON
FAX (208) 288.2501
WILLIAM A. MORROW
CHRISTOPHER S. NYE
Email via Internet @ wfg@wppmg.COm.
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. RossMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
April 15, 1999
William G. Berg, Jr., City Cleric
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466-9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
APR 16 1999
Cit.v of ,Ieridian
City Clerk Office
Re: JAMES AND KAREN HOLLISTER / ANNEXATION AND ZONING
FINDINGS and the DEVELOPMENT AGREEMENT
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING_ prepared .as .per instructions from the Council meeting of April
6`h, and which are on the agendJ`. a fR or April 20th.
I have"also attached hereto the Development Agreement for the above matter. After
the Council meeting of April 20, 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 tr y vul
i%
�. Gyray,-p
msg\Z:\wor1-\M\N4eridian 15360M\Hollister, J&K\FFCL and DevAgtClk.ltr
i
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
9
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
TEL (208) 466.9272
FAX (208) 288-2501
FAX (208) 466.4405
Email via Internet @ wfg@wppm9.c0m
April 15, 1999
William G. Berg, Jr.
Meridian City Hall
33 E. Idaho Street
Meridian, Idaho 83642
Re: JAMES AND KAREN HOLLISTER /
ANNEXATION AND ZONING ORDINANCE
Dear Will:
PLEASE REPLY TO
MERIDIAN OFFICE
RECEIVED
APR 16 9999
City of Meridian
City Clerk Office
Please find enclosed the above ordinance for the annexation and zoning for the
James and Karen Hollister. 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 4
Agreement has been signed by the Hollisters.
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,II
msg\Z:\Work\M\Meridian 15360M\Hollister, JBLIQClerk on Ord Ltr.wpd
0
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MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999
APPLICANT: JAMES AND KAREN HOLLISTER AGENDA ITEM NUMBER: 3t
REQUEST: ANNEXATION & ZONING OF PROPOSED YUKON SUBDIVISION
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES AND INFORMATION SUBMITTED
CITY ENGINEER: SEE ATTACHED COMMENTS
CITY PLANNING DIRECTOR:
CITY ATTORNEY: ATTACA60 ebCi mci.?�OI��CfJ
CITY POLICE DEPT: REVIEWED
CITY FIRE DEPT: REVIEWED
CITY BUILDING DEPT:
CITY WATER DEPT: SEE ATTACHED COMMENTS
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME. COMMITTEE:
CENTRAL DISTRICT HEALTH: -�
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS IRRIGATION:
IDAHO POWER: a
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
41� CaW �llrna,w hYt1G�UlM
Meridian City Council
March 16, 1999
Page 30
Bentley: I would move that we continue the`public hearing till 4/6/99 and instruct staff
and Mr. Hoffman to get together and see if we can't work an agreement on some of
these issues.
Bird: Second.
Corrie: Motion has been made and second to continue the public hearing until April the
6 th , any further discussion? Since it's still on the public hearing (inaudible) does that
meet with your approval of a two week period then? Any further discussion? Hearing
none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Public hearing will be continued to April the 6th on item no. 16.
ITEM NO. 17: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF
10.02 ACRES FOR PROPOSED YUKON SUBDIVISION BY JAMES AND KAREN
HOLLISTER:
Corrie: This has been a request by the—I believe by Becky Bowcutt--excuse me, I must
open the public hearing in case we have somebody who would like to testify on this. So
at this time I will open the public hearing on item no. 17 and is there anyone from the .
public who would like to testify at this time? I'll entertain a motion to continue the public
hearing on item no. 17 to April the 6th.
Bird: Mr. Mayor I move that we continue the public hearing on the Yukon Subdivision
by James and Karen Hollister until the meeting of 4/6/99.
Anderson: Second.
Corrie: Motion made by Mr. Bird, seconded by Mr. Anderson to continue the public
hearing on item no. 17 until April the 6th. Further discussion? Hearing none, all those in
favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: Item no. 17 the public hearing will be continued to April the 6th
ITEM NO. 18: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT
FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE
GARAGE AND TWO TRAILERS IN THE BACKYARD OF ROBIN WALKER D/B/A
JUKEBOX PARTY EXPRESS -821 E WILLOWBROOK:
flpr-u1-99 08:38A
PcElvED
Meridian city council APR _ 1999
Annexation &Rezone # AZ -98-106
3-30-99 CITY OF MERIDIAN
Council members;
A few months ago I was approached by Stillman Anderson of Leatham Krohn
Architects who is representing the Meridian School District and he asked me if I had
Any opposition to having our property annexed into the city of Meridian and having
Our zone changed.
My first questions were, why and what would it cost.
His response was that the CITY OF MERIDIAN REQUESTED US TO
DO IT.
We called the city and Ada county and they said the only cost would be a slight increase
in our property taxes,i filled out the form, signed it , sent it in and forgot it.
The next thing 1 know the P.& Z meeting took place and they are asking us to do some
expensive things requested by the people in Summerfield , you can read the notes from
the meeting for details.
Here is what we are willing to do, we have no problem going forward with the rezone
and annexation as long as we are assured by the city of Meridian that we can construct
and use our private road as agreed (without changes ) when approved by Ada County
including having us oil the road after construction for dust control and that you will
assure us that when the property to the East of us is developed that you will require that
there is additional ingress and egress to our property like you should have from the
property that you approved to the South of us, Summerfield.
Listed below are some facts that you should be aware of.
1 -WE ARE NOT APPLYING FOR A SUBDIVISION
2 -My wife, son and i are the only full time residents in our home
3 -We would not be here if the city had required the ingress and egress from Summerfield
4 -We gave an easement to the people of Summerfield for their irrigation system at no
cost to them.
5 -We are doing this at the REQUESTOF THE CITY OF MERIDIAN
Thanks for listening,
APR 01 '99 09:03
Sincerely
14Ze::Z1-
1 es R. Hollister
3860 N. Locust Grove
376-2332 (days)
PAGE. 01
P. 01
Mar -31-99 10:35A
HEATING SUPPLY COMPANY
113 W. 43RD SIWET
BOISE, ID 83714
P.O1
FAX 1-4-375-4350
DATE:
ATTN: �." T L �/ C
FROM: �1 l
# OF PAGES (Incl. Cover Sheet): P --
RESPONSE REQUESTED YES NO
II, vui piupeny taxes,t tilted out the form, signed it , sent it in and forgot it.
The next thing I know the P.& Z meeting took place and they are asking us to do some
expensive things requested by the people in Summerfield , you can read the notes from
the meeting for details.
Here is what we are willing to do, we have no problem going forward with the rezone
and annexation as long as we are assured by the city of Meridian that we can construct
and use our private road as agreed (without changes ) when approved by Ada County
including having us oil the road after construction for dust control and that you will
assure us that when the property to the East of us is developed that you will require that
there is additional ingress and egress to our property like you should have from the
property that you approved to the South of us, Summerfield.
Listed below are some facts that you should be aware of
1 -WE ARE NOT APPLYING FOR A SUBDIVISION
2 -My wife, son and I are the only full time residents in our home
3 -We would not be here if the city had required the ingress and egress from Summerfield
4 -We gave an easement to the people of Summerfield for their irrigation system at no
cost to them.
5 -We are doing this at the REQUEST OF THE CITY OF MERIDIAN
Thanks for listening,
Sincerely
J dies R. Hollister
3860 N. Locust Grove
376-2332 (days)
MAR 31 199 10:58 PAGE. 01
9
March 10, 1999
Meridian City Council
Meridian, Idaho 83642
Dear City Council:
REcEWED
MAR 10 1999
City of Meridian
City Clerk Office
We would like to comment on the proposed. zoning change requests for the James and Karen
Hollister property located in the vicinity of Locust Grove and Ustick Road (See attached map).
We are'not opposed to the zoning changes provided a 6 foot chain-link fence is listed as a
requirement for the zoning change and installed the entire distance between our land and the
Hollister parcel. We would require the fence to be built prior to any type of construction of
utilities, sewer, water, roads or any such building begins. We are requesting this additional
requirement since we have encountered a number of problems with previous developments
bordering our property which we have owned and operated for the past 32 years.
When the last phase of the Summerfield subdivision was under construction we requested a chain-
link fence be constructed between the subdivision and our property. Based upon the developers
request, the Meridian Planning and Zoning allowed a 6 foot wooden cedar fence. Even with this
wooden fence we have encountered many difficulties with trash from builders, landscapers, and
residents. This type of barrier allows the wind to blow the debris over and onto our property. We
have requested a 6 ft. chain link fence since it will allow the air to flow through but keep the trash
on their property. With the previous development we were forced to pick up trash at least once a
week for the past three years. We do not feel it is our responsibility to pick up all the trash that is
generated by a construction project of this size nor the long term residents. In addition we
continue to raise crops for our -dairy on the property bordering the proposed construction site.
These crops are harvested and consumed by our -dairy cows; therefore, when trash is present. in the
feed it can cause. potential harm to the livestock.
We have made numerous attempts to resolve the existing trash issues with the City of Meridian
without any success; therefore, we feel that it is time to be proactive with future developments
surrounding our property. In an effort to avoid the same issues with that of Summerfield, we ask
that a 6 foot chain link fence be part of the requirements for the zoning change on the above
mentioned future developments.
If you have any questions, please contact us at 887-2055.
Sincerelv,
Tom and Sue Davis
2740 East Ustick Road
Meridian, Idaho 83642
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9
MERIDIAN PLANNING AND ZONING MEETING: FEBRUARY 9, 1999
APPLICANT: JAMES & KAREN HOLLISTER ITEM NUMBER: 2
REQUEST: ANNEXATION OF 10.02 ACRES FOR PROPOSED YUKON SUBDIVISION
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
REVIEWED
REVIEWED
W
SEE ATTACHED COMMENTS 14
G
SEE ATTACHED COMMENTS
BUREAU OF RECLAMATION:
OTHER: SEE ATTACHED LETTER FROM TOM & SUE DAVIS
All Materials presented at public meetings shall become property of the City of Meridian.
frLw Low L)-Q-
3�� - 443 4n
MEMORANDUM: February 5, 1999
To: Planning & Zoning Commission, Mayor & City Council
From: Bruce Freckleton, Assistant to City Engineer���'�
Pc`vED
FEB - 5 1999
Re: Request for Annexation and Zoning to R-4 for 10.02 Acres
by James & Karen Hollister CITY OF MERIDIAN
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
This application is for a parcel of land directly adjacent to the north boundary of the
Summerfield subdivision. This application is being filed separately from the application filed
by the Meridian School District, however these two applications are for contiguous parcels.
The legal description submitted with the application for annexation appears to meet the
requirements of the City of Meridian, and State Tax Commission.
2. This application indicates that a subdivision is proposed on the subject parcel, however today
I spoke with Briggs Engineering about the fact that this parcel doesn't have adequate public
street frontage on Locust Grove. Becky Bowcutt told me that Mr. Hollister developed a
preliminary plan for subdivision a few years ago, however he has no plans on proceeding with
further subdivisions of his parcel at this time. She also told me that they have filed for and
received approval for a private drive from Ada County for Mr. Hollister. She said that Mr.
Hollister understands that he will not be able to subdivide his property until such time as a
public street is stubbed to his boundary, possibly from the east. ,
3. Sanitary sewer serviceability to this site is questionable since this parcel is on the fringe of the
service area of existing mains. Applicants engineer will need to verify the feasibility of
service.
4. Water service to this parcel could be extended from the existing main located in Locust Grove
Road.
5. Any existing irrigation/drainage ditches crossing 'or adjacent to the property shall be tiled per
City Ordinance 11-9-605.M. The ditches to be piped should be shown -on the site plans.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
Hollister.AZ.doc
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
MEMORANDUM: February 5, 1999
To: Planning & Zoning Commission, Mayor & City Council
From: Bruce Freckleton, Assistant to City Engineer���'�
Pc`vED
FEB - 5 1999
Re: Request for Annexation and Zoning to R-4 for 10.02 Acres
by James & Karen Hollister CITY OF MERIDIAN
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
This application is for a parcel of land directly adjacent to the north boundary of the
Summerfield subdivision. This application is being filed separately from the application filed
by the Meridian School District, however these two applications are for contiguous parcels.
The legal description submitted with the application for annexation appears to meet the
requirements of the City of Meridian, and State Tax Commission.
2. This application indicates that a subdivision is proposed on the subject parcel, however today
I spoke with Briggs Engineering about the fact that this parcel doesn't have adequate public
street frontage on Locust Grove. Becky Bowcutt told me that Mr. Hollister developed a
preliminary plan for subdivision a few years ago, however he has no plans on proceeding with
further subdivisions of his parcel at this time. She also told me that they have filed for and
received approval for a private drive from Ada County for Mr. Hollister. She said that Mr.
Hollister understands that he will not be able to subdivide his property until such time as a
public street is stubbed to his boundary, possibly from the east. ,
3. Sanitary sewer serviceability to this site is questionable since this parcel is on the fringe of the
service area of existing mains. Applicants engineer will need to verify the feasibility of
service.
4. Water service to this parcel could be extended from the existing main located in Locust Grove
Road.
5. Any existing irrigation/drainage ditches crossing 'or adjacent to the property shall be tiled per
City Ordinance 11-9-605.M. The ditches to be piped should be shown -on the site plans.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
Hollister.AZ.doc
P&Z Commission/Mayor & Council
October 9, 1998
Page 2
association, with written confirmation of said approval submitted to the Public Works
Department. No variances have been requested for tiling of any ditches crossing this project.
6. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
Aollistei.ALdoc
RECEIVED
1
MAR 11 1999
City of Meridian
City Clerk Office
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR ANNEXATION
AND ZONING OF 10.02 ACRES
BY JAMES AND I(AREN
HOLLISTER OF PROPOSED
YUKON SUBDIVISION AT THE
EAST SIDE OF LOCUST
GROVE ROAD BETWEEN
USTICK AND MCMILLAN
ROAD
Case No. AZ -98-106
RECOMMENDATION TO CITY
COUNCIL
E
INTRODUCTION
1. The property is approximately 10.02 acres in size. The property is
generally located east of Locust Grove Road, between Usticic and McMillan Road just
north of the Summerfield Subdivision. The property is designated as Yukon
Subdivision.
2. The owners of record of the subject property are James R. Hollister and
I�aren L. Hollister, of 3860 N. Locust Grove Road, Meridian, Idaho.
3. Applicants are the record owners of the property and filed a written
request for annexation and zoning.
4. The property is presently zoned by Ada County as Rural Transition
(RT), and consists of undeveloped, open land with a single residence.
RECOMMENDATION TO CITY COUNCIL - I
ANNEXATION AND ZONING - JAMES AND KAREN HOLLISTER
- YUKON SUBDIVISION
i
C�
5. The Applicants request the property be zoned as Low Density
Residential (R-4).
6. The proposed site of the subject property is located on the east side of
Locust Grove Road between Usticic Road and McMillan Road, north of the
Summerfield Subdivision.
7. The subject property is bordered to the north by land owned by the
M
Meridian Joint School District No. 2 and the Heritage Subdivision and by
undeveloped land to the east and west. The city limits of the City of Meridian are
adjacent and abut to the south of the subject property.
8. The property which is the subject of this application is within the Area
,of Impact of the City of Meridian.
9. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
10. The Applicant proposes to develop the subject property in the following
manner: Construct a private drive back to the existing residence. Applicants did not
proffer any specific plans for development of the subject property.
11. Applicants' requested zoning of the,subject real property as Low Density
Residential (R-4) is consistent with the current designation on the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
RECOMMENDATION TO CITY COUNCIL - 2
ANNEXATION AND ZONING - JAMES AND KAREN HOLLISTER
- YUKON SUBDIVISION
Ll
property as Single Family Residential.
12. There are no significant or scenic features of'major importance that
affect the consideration of this application.
13. The Meridian Planning and Zoning Commission takes note of and
acknowledges the correspondence of Tom and Sue Davis of 2740 E. Ustick Road,
Meridian, Idaho, dated January 25th, 1999.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the annexation and
zoning as requested by the Applicant for the property described in the application,
subject to the following:
Adopt the -Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
1.1 The instant application is being filed separately from the application
filed by the Meridian School District. However, the two applications
are for contiguous parcels. The Applicants must submit a legal
description which meets the requirements of the City of Meridian and
the Idaho State Tax Commission.
1.2 The instant application provides that a subdivision is proposed on the.
subject parcel; however, the subject parcel does not have adequate public
street frontage on Locust Grove. Applicants have not submitted any
plans to further subdivide the subject parcel at this time. Applicants
received approval for a private drive from Ada County. Applicants are
advised that they will not'be able to subdivide the subject property until
such time as a public street is stubbed to the boundary, possibly from
the east.
RECOMMENDATION TO CITY COUNCIL - 3
ANNEXATION AND ZONING - JAMES AND KAREN HOLLISTER
- YUKON SUBDIVISION
0 •
1.3 Sanitary sewer serviceability to the proposed site is questionable since
the parcel is on the fringe of the service area of existing mains.
Applicants' engineer shall verify the feasibility of service.
1.4 Water service to the subject parcel could be extended from the existing
main located in Locust Grove Road.
1.5 Any existing irrigation/drainage ditches crossing or adjacent to the
subject property shall be tiled per City Ordinance 1 1-9-605.M. The
ditches to be piped shall be designated on the site plans. Plans shall be
subject to approval by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project.
1.6 Any existing domestic wells and/or septic systems within the subject
property shall be removed from their domestic service per City
Ordinance Section 5-7-5 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
Adopt the Water Department Recommendations as follows:
1.7 Well No. 18 will need to be in service prior to allowing any more
development in the subject pressure zone.
The Planning and Zoning Commission further advises:
1.8 Applicants shall provide a five foot minimum buffer planting strip
between the existing subdivision and the proposed private drive.
1.9 Applicants shall submit plans prior to relocation of the proposed private
drive.
1.10 In the event that the proposed private drive is .not paved, Applicants
shall provide adequate dust abatement.
Z:\Work\M\Meridian 15360M\Hollister, J&K\AZ.Rec
RECOMMENDATION TO CITY COUNCIL - 4
ANNEXATION AND ZONING - JAMES AND KAREN HOLLISTER
- YUKON SUBDIVISION
Memo
To:
From:...�J _...__
CITY OF MERIDIAN
CITY CLERKS OFFICE
Re:
Fax #: �P
Date:l I Gl 9
Please find enclosed a copy of the Recommendation to the City Council of the
Planning and Zoning Commission on the above referencedplicatio . Please note
this matter will be heard before the City Council on the -r—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.
�
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
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: February 2, 1999
TRANSMITTAL DATE: January 5, 1999 HEARING DATE: February 9, 1999
FILE NUMBER: AZ -98-106
REQUEST: ANNEXATION & ZONING OF 10.02 ACRES FOR PROPOSED YUKON
SUBDIVISION
BY: JAMES & KAREN HOLLISTER
LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road, Between
Ustick and McMillan Road lust North of Summerfield Sub
_ TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
_GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
REcErvED
JAN 1 1 lggg
CITY OF 32RIDLAN
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: 1-11- 7 /
i►�tter, �v /-!2re- Q4 ret w; C.0 yu0
A v qe- f+ /JACO h fes,- cy -f l^ ztll s
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: February 2 1999
TRANSMITTAL DATE: January 5, 1999 HEARING DATE: February 9, 1999
FILE NUMBER' AZ -98-106
REQUEST: ANNEXATION & ZONING OF 10.02 ACRES FOR PROPOSED YUKON
SUBDIVISION
BY: JAMES & KAREN HOLLISTER
LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road, Between
Ustick and McMillan Road just North of Summerfield Sub
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT .
_POLICE DEPARTMENT
CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
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)
YO R CQNCISE REMARKS:
J-7- 9'lp , /%
5
FtFcElvED
JAN 1 1 1999
.. CITY OF MERIDIAN
HUB OF TREASURE VALLEY
LEGAL DEPARTMENT
Mayor
ROBERT D. CORRIE
A Good Place to Live
(208) 884-4264
Members
CITY OF MERIDIAN
PUBLIC WORKS
('ouncil
CHARLES ROUNTREE
33 EAST IDAHO
BUILDING DEPARTMENT
(208) 887-2211
GLENN BENTLEY
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 8 §f3—qV�P.
PLANNING AND ZONING
RON ANDERSON
DEPARTMENT
KEITH BIRD
1999
! IYV
(208) 884-5533
ss'ti&an lnterld'en t
N ate; Sui&
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: February 2 1999
TRANSMITTAL DATE: January 5, 1999 HEARING DATE: February 9, 1999
FILE NUMBER' AZ -98-106
REQUEST: ANNEXATION & ZONING OF 10.02 ACRES FOR PROPOSED YUKON
SUBDIVISION
BY: JAMES & KAREN HOLLISTER
LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road, Between
Ustick and McMillan Road just North of Summerfield Sub
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT .
_POLICE DEPARTMENT
CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
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)
YO R CQNCISE REMARKS:
J-7- 9'lp , /%
5
FtFcElvED
JAN 1 1 1999
.. CITY OF MERIDIAN
REcEIVED
JAN 19 1999
ORGANIZED 1904 City of Meridian
City Clerk Office
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
13 January 1999 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: Annexation and Zoning of Proposed Yukon Subdivision - James & Karen Hollister
Dear Commissioners:
'The Nampa & Meridian Irrigation District has no comment on the above referenced application
j as it is out of our District.
Sincerely,
A'a
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH:dln
cc: File - Shop
File - Office
Water Superintendent
r APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
K • 1 W
January 25, 1999
Meridian planning and Zoning Commission
Meridian, Idaho 83642
Dear Commissioner:
We would like to comment on the proposed two zoning change requests for James and Karen
Hollister and the Meridian Joint School District #2 properties located in the vicinity of Locust
Grove and Ustick Road (See attached map). We are not opposed to the zoning changes provided a
9 foot chain-link fence is listed as a requirement for the zoning change and installed the entire
itance =een our land and the two subject parcels. We would require the fence to be built
prior to any type of construction of utilities, sewer, water, roads or any such building begins. We
are requesting this additional requirement since we have encountered a number of problems with
previous developments bordering our property which we have owned and operated for the past 32
years.
When the last phase of the Summerfield subdivision was under construction we requested a chain
link fence be constructed between the subdivision and our property. Based upon the developers
request, the Meridian planning and Zoning allowed a 6 foot wooden cedar fence. Even with this
wooden fence we have encountered many difficulties with trash from builders, landscapers, and`
residents. This type of barrier allows the wind to blow the debris over and onto our property. We
,have requested a 9 ft. chain link fence since it will allow the air to flow through but keep the trash
on their property. With the previous development we were forced to pick up trash at least once a
week for the past three years. We do not feel it is our responsibility to pick up all the trash that is
generated by a construction project of this size nor the long term residents. In addition we
continue to raise crops for our dairy on the property bordering the proposed construction site.
These crops are harvested and consumed by our dairy cows; therefore, when trash is present in; the
feed it can cause potential harm to the livestock.
We have made numerous attempts to resolve the existing trash issues with the City of Meridian and
Mayor Bob Corrie without any success; therefore, we feel that it is time to be proactive with future
developments surrounding our property. In an effort to avoid the same issues with that of
Summerfield, we ask that a 9 foot chain link fence be part of the requirements for the zoning
change on the above mentioned future developments.
If you have any questions, please contact us at 887-2055.
Sincerely,
Tom and Sue Davis
2740 East Ustick Road
Meridian, Idaho 83642
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Apr -05-99 01:15P LEATHAM and KROHN 1-208-336-3680 P.02
• 0
LEI Leatham & Krohn
A R C H I T E C T S
Darrell Leatham, Architect
Kent Krohn, Architect
Wayne Thowless, Architect
April 5, 1990
City Council
City of Meridian
33 East Idaho Street
Meridian, Idaho 83642
RECEIVED
APR 4 5 1999
City of Meridian
City Clerk Office
Re: Annexation and Rezoning of Yukon Subdivision - ##A7-98-106
Dear Mr. Mayor and Members of the Mendian City Council:
1 received the packet of information this morning from the City.Clerk's Office pertaining to the
Annexation and Rezone of the Yukon Subdivision - 4AZ-98-106.
Upon discussion with Mr, James Hollister (Owner of Record of this property) there are a couple
of items which we believe need to be clarified.
First and most important is to correct the misconception that the l lollisters are planning to
subdivide their property. When this application was filled out and submitted it was the desire of
Mr, Hollister to provide as much flexibility for any future owners if and when the Hollisters
decided to sell the property. It was felt that if the property was just listed as Hollister Property on
the Application in the future it might create problems for any new owners so consequently the
name Yukon Subdivision, Unfortunately, this seams to have created more difficulty for the
Hollisters. Again, we want to stress the fact the Hollisters don't plan on developing this property.
In fact, the Hollister originally purchased the total 501 acres (their 10+ and the 40 i purchased
from the Hollisters by the Meridian School District) because it was out in the country and away
from development.
The next item is item 1.8 in the Recommendation to the City Council from Planning and Zoning.
During the Public I tearing on February 9, 1999 some of the residents of the Summerfield
Subdivision who own property adjacent to the Hollister property indicated that they wanted a
five-foot wide landscaped buffer between their property and the Hollister's driveway. Ms. Shari
Stiles when asked by the Planning and Zoning Commissioner about this stated that she had no
problem with that request and as such it became a requirement. When I was given time to rebut
the requirements I indicated that i did not think the Hollister would have a problem with the
requests but that they would have to have the final say.
1735 Federal Way, Boise, Idaho 83705 • Phone (208) 336-3443 - Fax (208) 336-3680
APR 05 '99 13:29 1.208,336 3680 PAGE.02
Apr --05-99 01:15P LEATHAM and KROHN 1-208-336-3680
0 0
Page 2
Major and City Council Members
April 5, 1999
As the evening progressed, the reason for the request for the landscape buffer became more
apparent. "rhe residents of the Summerfield Subdivision were not so concerned about the fact
that there would be a private driveway behind their homes but were actually more concerned with
the fact that there was going to be a school behind their homes. At that time the residents
perceived the school as constructed of relocatable mobile trailers and were afraid that they were
not going to get an input into the appearance of the school facility or site. In order to protect
their own desires to have some say on what happened on the school property they imposed
landscaping requirements on the next best thing, the Hollister's driveway. This was done without
hearing any information on the Charter High School Design or landscaping.
The Hollisters feel that the requirement for the landscape buffer along their driveway is excessive
in the light of the fact that there will be three (3) areas of landscaping between their driveway and
the actual physical school buildings themselves. This information will become clear to the
members of the City Council at the Tuesday evening City Council meeting.
As for the requirement for dint abatement of the driveway if it is not paved, the Hollisters do not
have a problem with this as they agreed to dust abatement of the driveway when Ada County
approved the original driveway.
The ! tollisters respectfully request that the landscaping along their more than 1,500 ft. long
driveway be deleted from the Annexation Recommendation and Conditions for their property.
oSincer
Stillman M. Anderson, Al
Leatham and Krohn Project Architect.
cc: James and Karen Hollister
APR 05 '99 13:30 1 208 336 3680 PArIP-M.
P-03
MERIDIAN CITY COUNCIL MEETING: MARCH 16 1999
APPLICANT: JAMES AND KAREN HOLLISTER AGENDA ITEM NUMBER: 17
REQUEST: ANNEXATION AND ZONING OF YUKON SUBDIVISION
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
SEE ATTACHED LETTERS FROM LEATHAM & KROHN
AND BRIGGS ENGINEERING
k'M1Pfvl
. W�, PI'S
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
V
MERIDIAN PLANOG AND ZONING •
FEBRUARY 9, 1999
PAGE 4
Nelson: Second that.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
(Inaudible)
MacCoy: You want to do a second time? All right, we will do it a second time.
All right we are going to do a second roll call the way this thing is written now.
ROLL CALL: Commissioner Borup-aye, Commissioner De Weerd-aye,
Commissioner Smith -absent, Commissioner Nelson -aye.
MOTION CARRIED: All ayes.
ITEM NO. 2: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING
F 10.02 ACRES FOR PROPOSED YUKON SUBDIVISION BY JAMES AND
KAREN HOLLISTER—EAST SIDE OF LOCUST GROVE RD, BETWEEN
USTICK AND MCMILLAN RD, JUST NORTH OF SUMMERFIELD SUB:
MacCoy: Staff what do you have?
Stiles: Chairman MacCoy, commissioners, this application for 10.02 acres it's a
;little misleading, it talks about the Yukon Subdivision, thisisnot actually a
subdivision, it will be for the annexation and zoning of this parcel and it's entirety
and at this time no subdivision is proposed. The applicant is aware that the
frontage that they have proposed on Locust Grove Road would not allow for a
further subdivision without some kind of variance from the City Council. This
property that is directly north of Summerfield Subdivision has been requested at
this time because of the school districts application, which public hearing follows
this public hearing. Staff has made the comments in our memo dated February
5, 1999. One additional item, I would like to add as a condition is that the private
road that is proposed back to the existing home also have some buffering with a
planting strip for the adjacent residential subdivision so that private road does not
directly abut the existing homes there.
MacCoy: Bruce, anything?
Freckleton: Commissioner MacCoy, members of the commission, I have nothing
further.
MacCoy: All right, with that we'll open the public hearing, will the applicant come
forward on the positive side please?
MERIDIAN PLANA AND ZONING •
FEBRUARY 9, 1999
PAGE 5
STILLMAN M. ANDERSON, 1735 FEDERAL WAY.
Anderson: We are representing the Hollisters, the firm of Leatham & Krohn. The
Hollisters do not have any plans at this time to subdivide their property. The
reason that they have requested annexation and a rezone is in part because of
the school districts desire to be annexed. They were informed that they needed
also, their property needed also to be annexed. They are willing to be annexed
and they realize that there will be some restrictions and covenants that they will
have to abide by. They really don't have a problem with that. They are
concerned with the fact that there is a request for an extremely tall fence along
their property, but again as we have stated they really don't have any plans to
subdivide.
MacCoy: While you are there, any commissioners have any questions?
Borup: Yes Mr. Chairman, probably the only—staff's last comment number
seven on a planning buffering strip, I don't know if that had been discussed with
the applicant at all, or is this the first that they have heard about it?
Anderson: That's the first they have heard about it.
Borup: Would you have any idea at all on their acceptability?
Anderson: I don't think that they would really have a problem with that. They
don't plan on just leaving that as an eyesore. It is their entrance to their property,
and such, I think they would be willing to do that.
Borup: I would have the same concerns as Shari that backs up to a lot of
neighbors along that way.
Anderson: It does.
MacCoy: Nothing Commissioner De Weerd?
De Weerd: No.
MacCoy: Commissioner Nelson?
Nelson: I have nothing.
MacCoy: Anyone here who would like to speak on the positive side for this item?
Seeing none, is there anybody who would like to speak in the negative side for
this thing?
MERIDIAN PLANNIk AND ZONING •
FEBRUARY 9, 1999
PAGE 6
TOM DAVIS, OWNS PROPERTY THAT T BORDERS SCHOOL DISTRICT/
HOLLISTER PROPERTY:
Davis: For the past three years, we've been picking up trash off of Summerfield
once or twice a week and after a wind storm a lot. This third phase of
Summerfield they put in all the sewers and all the streets, started building houses
before there was ever any fences put up. We had a signed agreement with the
developer that we would have a fence. At the last, they finally put in a fence. A
wood fence is a very poor deterrent for all this stuff that comes over the fences
and also the chain link fence that we requested would let the air through and
catch the stuff. I've gone to all the city agencies two years ago and got very little
help on any of it, finally after one windstorm we picked up trash over our farm. I
have a grade A dairy and we've got to keep this plastic and insulation out of our
feed sources. We picked up and picked up that one day and so anyway, finally I
was quite upset and called the mayor and got a hold of him on a Saturday
afternoon. I told him the situation and he took my name and number and said he
would check into it the next week and get back to me. He wasn't very interested
in the situation either because he never got back to me. The only way I can see
with the Meridian School proposal, that there is a quarter of mile of fence—
Borup: Mr. Chairman, I think we are talking about—we are not talking about the
school application here.
Davis: The reason I bring that up is if you don't want me to testify twice, is that
my property borders Hollister...
Borup: I understand that, I just didn't know if you understood this particular
application, just for annexation, the city, no other development, no other
construction or anything on this site. Everything is staying as it presently exists.
Davis: Isn't this an application for an R-4?
Borup: They've got one house there and it's not changing. Nothing is being
added.
Davis: If it was an R-4 though, wouldn't it be okay for houses?
Borup: No it wouldn't, not without a subdivision.
Davis: Okay I guess—do you want me to re -testify then on the schools?
MacCoy: I think that would be better. We all have your letter that you sent out. I
think we understand your problem. Some of us have been through construction,
so we know. You are telling us a lot of things that we have knowledge of. We
feel for you is I guess what we can say for it.
MERIDIAN PLANNIQ AND ZONING •
FEBRUARY 9, 1999
PAGE 7
Davis: The thing is that we are getting awfully tired of picking up all this stuff
which isn't ours. If you go over there to try and get a little help to pick it up, as
soon as it's off the lot, they all say it's not theirs.
MacCoy: We understand that.
Rossman: Sir it would be more appropriate to raise your issues during the
school district application. Your letter is in the record however though, so if you
have anything to offer over and above what is in your letter, please do so during
the school districts application.
MacCoy: Is there anybody else who would like to get up?
GLEN STEPHENSON, SUMMERRIDGE SUBDIVISION:
Stephenson: A few questions, problems that I have with the annexation of the
Yukon Subdivision would be the placement of the road. I didn't have any
information as to whether the road will be lighted, and whether it is going to
paved and what kinds of possibly safety—I don't really want people parking out in
the dark street right behind my house. Some of us have platforms of our houses
that are within 10-20 feet of the property line. I think it will mare the Summerfield
Subdivision to have a dirt road behind the subdivision and for apparently only a
few houses. I think it may be unwise to vote on a subdivision that—approve a
subdivision or approved future development of a land that they say has no plan
there. I'm not sure why it would be wise to vote to allow that be annexed for
future development if there is no plan for it.
MacCoy: They have to come back here anyway so it's a matter of annexation.
Before you leave, Shari you want to comment about that, about the road?
Stiles: Chairman MacCoy, commissioners no plans have been presented to the
Planning and Zoning department as far as the construction of that road, the
Planning and Zoning Commission could place appropriate conditions as part of
the annexation. Could require that the development agreement be entered into,
to dictate some of those concerns and how that is going to be developed. They
did have a private road application before Ada County that was approved,
however, I don't think it's in the location that is shown now. I don't know how
much dust would be generated from one home. I guess it depends on how many
vehicles they have coming in and out. I think through a requirement for some
kind of a planning strip there would help cut down on some of that.
MacCoy: There was no lights involved in that any of that anyway.
Stiles: Pardon?
MERIDIAN PLANNIIN AND ZONING •
FEBRUARY 9, 1999
PAGE 8
MacCoy: There was no pole lights...
Stiles: Not that we are aware of.
MacCoy: I didn't read it any place.
Stiles: If they decided in the future that they wanted to subdivide this property,
they would have to come back before you and the City Council with a new
application and all the property owners within 300 feet would be notified of that
hearing.
MacCoy: That's what I wanted to hear, thank you. Is there anybody else who
would like to speak at this time on the negative side? Come on up sir.
JOE STEINBACH, 2065 PARADISE LANE, MERIDIAN, ID.
Steinbach: I think it is rather a frugal situation when you want to annex
something into the city not knowing what we are going to annex into the city and
what the purpose is. As we look down and we see later on about the school
situation here it looks like this is just something to lure us in, we annex it and then
we look at the second issue and what is the expense of that to us people that live
out there. My concern of annexing this into the city is what is the city going to do
about the road if they do annex this into the city and where is the plan, because
the road is already overloaded. There are two church facilities out there that are
used very actively, that is an alternate road for not only the Eagle, as well as the
Linder and the Meridian Road exchange. The impact that that will have without
proper roads and not knowing where we are going is going to bring about more
traffic on a road that is already overloaded and not a qualified road to begin with.
I just don't see that it is necessary that we continue unless we know that we are
going to go forward with. If it is to be a school or to be a subdivision. My
personal feelings toward this is that we are already being impacted too much with
too many subdivisions in our community and in finalizing this, that is a farm
ground and I'm very partial to the farming that goes on out there. It's the heritage
of this community and I feel that it is a privilege to have that farm out there, in
tact. That's what I would say.
MacCoy: Shari do you have any comments on that? You don't have to, I'm just
saying...
Stiles: Chairman MacCoy, commissioners, I think there is still a
misunderstanding, this is not a subdivision, it's a request for annexation and
zoning. There is one home on the lot, there will remain one home on the lot, if
anything in the future is proposed they will have to come back before the
Planning and Zoning Commission with a public hearing.
MERIDIAN PLANNIQ AND ZONING
FEBRUARY 9, 1999
PAGE 9
MacCoy: Thank you.
Nelson: I have a question for Shari also. Don't we actually have more
opportunity to control the subdivision as it's annexed into the city, then if it
doesn't?
Stiles: This proposal, although the application says, calls it Yukon Subdivision,
it's not a subdivision.
Nelson: That's my point, in as far as the school and everything that everyone is
concerned about is the very annexation into the city that allows us to be more
involved in how that gets developed. I think it's a good thing so far.
MacCoy: Is there anyone else here who wants to make a statement, come on
up.
TIM BLOOD, 1654 E. SUMMERRIDGE, MERIDIAN, ID.
Blood: I attended the meeting in February last year, the application for the
private road originally through Ada County. It was my understanding at that time
it wasn't going to be paved, but I was under the impression that the
commissioners there as per a request that I made were requiring dust
abatement, (Inaudible) some kind of road oil to keep the dust down, that satisfied
our concerns at the time. We never talked about a buffer zone just keeping the
road oiled, I'm not hearing that from you, I don't know if that turned up in anything
in their approval for this road or not. Is that—do you have a record of that? So
despite me standing there being assured that it would be required as a condition
to approve this road, it doesn't exist in print then?
MacCoy: Go ahead.
Stiles: Chairman MacCoy, commissioners, the application that was submitted
was submitted through Ada County, and approved through Ada County, the city
was not part of that approval. I would certainly think it would be appropriate to
place as a condition of the annexation that if it remains a dust—dirt road that they
also be required to provide that dust abatement.
Blood: So we can do that at this level?
Stiles: Sure.
Blood: Again I would like to request that an organically based road oil be used
on the road. As a resident directly adjacent this property and proposed road,
MERIDIAN PLANNIO AND ZONING
FEBRUARY 9, 1999
PAGE 10
under the circumstances that were discussed last year and from what I'm hearing
this year, I personally have no problem with it, again as long as it's required oil.
MacCoy: Fine, thank you sir. Anyone else?
GREG RUDDELL, 6250 VIEW DRIVE, MERIDIAN, ID.
Ruddell: I'm not for or against this, but something that I would like to point out is
that that road is quite a length and I think that one gentleman mentioned that
about lighting. I think you might want to consider future necessity for street lights
along that road, should this parcel get rezoned into application in the future
where your zoning ordinance is going to require street lights every so many feet
that is going to shine in somebody's backyard.
MacCoy: Well, we take your comments seriously, if it goes into a development,
lighting will be required, but we can also shield that lighting, as part of our
requirements. We don't like the same thing that you don't like, and that's shining
in peoples homes.
Borup: Mr. Chairman, might just mention for information if this some time in the
future did become a subdivision, this would not be the access to it.
De Weerd: It's a private drive.
Borup: It's not a legal right of way for a road. So the access would have to come
obviously from the east, is the only spot left. There would not be a road, at this
point it is a driveway from one residence.
MacCoy: More like an alley. Is anyone else?
TERRY TALLMAN, 1956 E. SUMMERRIDGE.
Tallman: I'm still a little bit confused regardless whether or not the subdivision is
even in existence right now, is the road moving to the backside of the fence. Is
the driveway going to be moved to—is it going to be moved anyway?
MacCoy: Shari do you want to comment on that?
Stiles: The proposal at least as far as I can tell from the application is they would
have 40 feet of frontage on Locust Grove Road, that 40 feet would be
immediately adjacent to Summerfield Subdivision and I believe, yes that is where
they are proposing the entrance to their home would be.
Borup: Wouldn't that also be correct, they could've put their driveway there.
Their existing driveway could have been there just as easy as down the middle of
MERIDIAN PLANNIO AND ZONING 0
FEBRUARY.9, 1999
PAGE 11
their property to start with. How ever many years ago they put it in, they could've
put it in the other location at that time without any approvals.
MacCoy: It's on their property. Anyone else? Seeing that there is no one else,
I'm going to call the applicant back forward up here, do you want to make
comments and a rebuttal for any of this?
Anderson: Thank you commissioners. I believe that there has been some
confusion on the fact that the Hollisters desired to give whoever would want to
purchase their land in the future the opportunity to develop it. So when the
application was put in, it was called the Yukon Subdivision. I can see now, and
I'm sure if the Hollisters were here they would also agree that it has caused some
concern and unfortunately that has happened. Again, they don't plan on
developing that land. In fact, if Mr. Hollister had his way, there would be nobody
there. He is planning on getting out, he's too much in the city as it is now. Again
as we stated before the reason they are requesting a rezone and an annexation
is because it has been required by Planning and Zoning that if the property that
the school district owns and is requesting to be annexed is so annexed, then they
also need to be annex. That's why they have made this application, otherwise
they wouldn't have done it.
MacCoy: Any questions for him? Okay, thank you very much.
De Weerd: Mr. Chairman, I move that we close the public hearing.
Nelson: Second.
MacCoy: All in favor of that?
MOTION CARRIED: All ayes.
MacCoy: Any discussion?
De Weerd: I think a couple of issues were raised as far as dust abatement for
the dirt road as well as Shari's recommendation for a planting strip between the
existing sub and the road. I would...
Borup: I think both of those would be pertinent. I don't know—was there any
discussion on how wide of a planning strip?
De Weerd: Shari did you have a recommendation on the planning strip?
Stiles: I would think a minimum of five feet for a planning strip would be
appropriate.
MERIDIAN PLANA AND ZONING
FEBRUARY 9, 1.999
PAGE 12
De Weerd: Would you ask that they`submit plans to you prior to...
Stiles: Prior to the relocation of the driveway.
De Weerd: I don't have anything further.
MacCoy: Commissioner Borup?
Borup: I have nothing else.
Nelson: I have nothing.
MacCoy: What is your motion?
Borup: Were you preparing a motion?
De Weerd: Sure. Mr. Chairman, I move that we approve annexation and zoning
to R-4 for the 10.02 acres by the Hollisters to include in staff comments that the
private road would require a minimum of a five foot planning strip between the
existing subdivision and the road and to submit plans prior to relocation of the
drive, and if the road remains a dirt road to provide dust abatement and to
incorporate all other comments by departments that had been submitted.
Nelson: Second.
Borup: Question, did your motion make those as a requirements for annexation
or you made the comment that you want to add it to staff comments. Not that we
weren't going to incorporate it into the annexation.
De Weerd: Well I always assume that the staff comments were...
Borup: Automatically?
De Weerd: Are conditions of approval, are they not?
Rossman: Not automatically.
Borup: No, I think it's up to us.
De Weerd: Okay, I would like them to be conditions of approval.
Borup: Some of the comments talked about the utilities service to there, which at
this point they are not asking for any utility service so. That was the only
question that I had, I think we had a second.
MERIDIAN PLANNIQ AND ZONING
FEBRUARY 9, 1999
PAGE 13
MacCoy: Yes we did. All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 3: REQUEST FOR ANNEXATION & ZONING OF 40.55 ACRES BY
MERIDIAN SCHOOL DISTRICT NO. 2—EAST SIDE OF LOCUST GROVE
ROAD, BETWEEN USTICK AND MCMILLAN ROAD, JUST NORTH OF
SUMMERFIELD SUB:
MacCoy: I would like to stress that this is strictly for annexation & zoning and we
are not talking about layouts or plans or anything else with this thing. 'Staff?
Stiles: Chairman MacCoy, commissioners, this request is for 40.55 acres by
Meridian Joint School District No. 2 to be zoned R-4. The R-4 zoning would
permit a public school in this location. I would like to state that the vocational
technical school that is mentioned in the Comprehensive Plan is not the school
that is proposed here. What they are proposing is a charter school, charter high
school that—they will give a further explanation of that I'm sure, but just wanted
to let everybody know that they need to limit their comments to the issue of
annexation and zoning. There is, not another issue here, there has come up
some concern about siting of the middle school and wanting to change locations,
this is not the appropriate forum to bring up those comments. If that is your intent
in attending tonight, I would ask that you not bother to comment because this is
strictly for annexation and zoning. If you've got issues with the siting and what
they are doing there, that needs to come up before the school district. With your
review of this application, we would support review of the initial building that they
are proposing to be done at staff level and that any future buildings on the site
would require processing through a conditional use permit process. I not Mr.
Davis's concern about the fencing and the trash. What they have contemplated
at this time is strictly, primarily the western most portion of the property. I think
that a six foot fence at the property line should be able to contain their debris
from any of their construction. Nine foot fencing is not permitted in this zone.
They would require a variance for any kind of fencing over six feet high. We do
understand the problems that have been created for Mr. Davis and would
encourage him to contact our office any time he has a problem and we would
even be willing to come out ourselves and help you with the trash if that
continues to be a problem. The city could require that a development agreement
be entered into as part of this application. I don't necessarily think we have to do
that. It may be as part of the conditional use permit process we will be able to
control how that development proceeds and make sure that the appropriate
acceleration, deceleration lanes are provided through the Ada County Highway
District. The audience also needs to note to that the city does not control
roadways, I don't have in my packet comments from Ada County Highway
District, but the school district will be required to meet any conditions of Ada
County Highway District prior to obtaining a building permit for this site.
MRR-12-1999 15:01.9 FROM TO 8874813 P.01
• 9
BRIGGS ENGINEERING Inc.1800 West Overland Road
1 Boise, Idaho 83705 - 3142
ENGINEERS I PLANNERS / SURVEYORS voice (los) 344-9700
Fax (208) 345-2950
E-mail BEldaho@Compuserve.com
March 12, 1999
Mr. Will Berg, Clerk
City of Meridian
33 E. Idaho Street
Meridian, Idaho 83642
Re: Jim Hollister Annexation
Dear Will:
RECEIVED
MAR 12 9999
City of Mariuian
City Clerk Office
This is a formal request for deferral of the above-mentioned application. The application is
scheduled to be heard on March 16, 1999, before the City Council. We respectfully request this
item be deferred until April 6, 1999. Mr. Hollister prefers the application be heard concurrently
with the Meridian School District's application for annexation.
Please call me if you have any questions.
Sincerely,
BRIGGS ENGINE Inc.
4BeckyL.wcutt
Land Use Planner
BLB:fc
9903071Cityrocr-lir
TOTAL P.01
MAR 12 '99 14:15 PAGE.01
Interoffice Memo
Date: Manch 16, 1999
To: MAYOR & COUNCIL
cc: file
From GARY D. SMITH, PE
RE: YUKON SUBDIVISION — P&Z RECOMMENDATIONS to CITY COUNCIL
This is an annexation and zoning request. Public Works staff wonders, since this isn't a subdivision
submittal, if this application should have a subdivision name.
Also, on page 3, paragraph 1.1 and 1.2: It appears the first sentence should start with "This
application...." in lieu of `The instant application....."
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** TX CONFIRMOON REPORT *
DATE TIME TO/FROM
03/11 15:09 1 208 336 3680
Memo
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From: City Clerk's
Re: A 7_ ` of
6
AS OF MAR 110
'99 15:11 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD## STATUS
EC --S 01'44" 005 122 OK
Please find enclosed a copy of the Recommendation to the City Council of the
Planning and Zoning Commission on the above referenced ann icatio . 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.
11
CITY OF MERIDIAN
CITY CLERKS
OFFICE
Please find enclosed a copy of the Recommendation to the City Council of the
Planning and Zoning Commission on the above referenced ann icatio . 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.
11
r.. _ ; , k ACA COUN RECOR ER
l J. DAVID NAV,ARRO
r!F. 11 l!�1
DEVELOPMENT AGREEMENT
1999A-3 PM 1:28
PARTIES: 1. City of Meridian
2. James and Karen Hollister
RECORDED - RCOUEST OF
FEE
99056368
THIS DEVELOPMENT AGMEMENT (this "Agreement"), is
made and entered into this day of , , by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and J-AMES7AN_D-I<AREN-HOLL-ISTER; husband
and wife, hereinafter called "DEVELOPER", whose address is 3860 N. Locust
Grove 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 fprth in
full, herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. §67-651 IA, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re -zoning that the owner or developer make a written
commitment concerning the use or development of the
subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-2-416L and 11-2-417D,
which authorizes development agreements upon the
annexation and/or re -zoning of land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"'s described in
Exhibit A, and 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 &
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
6k
1.6 WHEREAS, record,of the proceedings of the request for
annexation and zoning designation of the subject
"Property" held before the Planning SL Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction;
and
1.7 WHEREAS, City Council on the 20th day of April, 1999,
approved Findings of Fact and Conclusions of Law and
Decision and Order Granting Application, a true and
correct copy of which is attached hereto as Exhibit B, and
by this reference incorporated as if set forth in full, which
is 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, which terms and
conditions have been established as a result of evidence
received by the "City" in the proceedings for annexation
and zoning designation and to ensure the annexation and
zoning designation is in accordance with the
Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance #629, January 4, 1994,
and the Zoning and Development Ordinance codified in
Title 11, Municipal Code of the City of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT - 2
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to James and Karen
Hollister, husband and wife, whose address is 3860 N.
Locust Grove Road, Meridian, Idaho 83642 the party
developing said "Property" and/or shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4. _ PROPERTY USES PERMITTED BY THIS AGREEMENT:
4.1 The uses of the ""Property"" 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.
4.2 "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.
4.3 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
DEVELOPMENT AGREEMENT - 3
5. CONDITIONS GOVERNING DEVELOPMENT OF
PROPERTY:
5.1 "Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1 "Developer" shall obtain and comply with all "City"
ordinances regulating and providing for building
permits and other life safety codes.
5.1.2 The instant application provides that a subdivision
is proposed on the subject parcel; however, the
subject parcel does not have adequate public street
frontage on Locust Grove. Applicants have not
submitted any plans to further subdivide the subject
parcel at this time. Applicants received approval for
a private drive from Ada County. Applicants are
advised that they will not be able to subdivide the
subject "Property" until such time as a public street
is stubbed to the boundary, possibly from the east.
5.1.3 Sanitary sewer serviceability to the proposed site is
questionable since the parcel is on the fringe of the
service area of existing mains. Applicants' engineer
shall verify the feasibility of service.
5.1.4 Water service to the subject parcel could be
extended from the existing main located in Locust
Grove Road.
5.1.5 Any existing irrigation/drainage ditches crossing or
adjacent to the subject "Property" shall be tiled per
City Ordinance 1 1-9-605.M. The ditches to be
piped shall be designated on the site plans. Plans
shall be subject to approval by the appropriate
irrigation/drainage district, or lateral users
association, with written confirmation of said
approval submitted to the Public Works
Department. No variances have been requested for
tiling of any ditches crossing this project. The
provisions of this requirement shall not apply for the
limited purpose of the construction of the proposed
DEVELOPMENT AGREEMENT - 4
roadway but shall apply if there is additional
development of the subject real "Property" other
than ordinary maintenance and replacement of
existing improvements.
5.1.6 Any existing domestic wells and/or septic systems
within the subject "Property" shall be removed from
their domestic service per City Ordinance Section 5-
7-5 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
5.1.7 Well No. 18 will need to be in service prior to
allowing any more development in the subject
pressure zone.
5. 1.8 Applicants shall submit plans prior to relocation of
the proposed private drive.
5.1.9 In the event that the proposed private drive is not
paved, Applicants shall provide adequate dust
abatement.
6. INSPECTION: "Developer" shall, immediately upon completion
of any improvements or portions thereof, notify the City Engineer and request
the City Engineer's inspections and written approval of such completed
improvements or portions thereof in accordance with the terms and conditions
of this Development Agreement and all other ordinances of the "City" that
apply to said Development.
7. DEFAULT:
7.1 The "Developer", "Developer"'s heirs, successors, assigns,
or subsequent owners of the "Property" or any other
person acquiring an interest in the "Property" are in
default of this agreement when the same fail to faithfully
comply with any and all of the terms and conditions
included in this Agreement in connection with the use
and/or development of the "Property".
7.2 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 default waived and shall not bar any
DEVELOPMENT AGREEMENT - 5
other rights or remedies of "City" or apply to any
subsequent default of any such or other covenants and
conditions of this agreement.
8. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de -annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to -wit:
8.1 That the "City" provide 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. T
mRpliance may be extended by "City" just cause and
upon applica ' for annexatio n been -made by
"Developer" prior to piration of two (2) year
period, and of e "City" lied with the notice
an�dh procedures as outlined in 7-6509 or U
g p l�
subsequent amendments or recodifications t reof.
9. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'S cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
10. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as R-4 Low Density Residential codified at Section 11-2-408 B 3
Municipal Code of the City of Meridian.
11. REMEDIES: In addition to those matters governed under the
section of this Agreement entitled "Compliance Period/Consent to Rezone"
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
DEVELOPMENT AGREEMENT - 6
appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
11.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to 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.
11.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
12. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled
Ordinances of the City of Meridian, to insure that installation of the
improvements, and the "Developer" agrees to provide such, if required by the
«City„ x er/&7
13. CERTIFICATE OF OCCUPANCY 4The "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 �L
phase in which the improvements have not been installed, completed, and
accepted ,by the "City".
14. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property"
DEVELOPMENT AGREEMENT - 7
0
shall be subject to de -annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
15. NOTICES: Any notice desired by the parties and/6r required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPER:
James and Karen Hollister
3860 N. Locust Grove Road
Meridian, Idaho 83642
15.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
16. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
17. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
DEVELOPMENT AGREEMENT - 8
•
r
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
18. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and each other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent 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.
19. TERMINATION OF AGREEMENT: "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, determines after the "City" has complied with the notice and
hearing procedures as outlined in I.C. § 67-6509, or any subsequent
amendments or recodifications thereof that the "Developer" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised therefrom this Agreement and the invalidity thereof shall
not affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, amendments, conditions and understandings
between "Developer" and "City" relative to the subject matter hereof, and
there are no promises, agreements, conditions or understandings, 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 resolution of City Council.
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the "City" has
DEVELOPMENT AGREEMENT - 9
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall
be effective on the date the Meridian City Council shall adopt the amendment
to the Meridian Zoning Ordinance in connection with the annexation and
zoning of the "Property" and execution of the Mayor and City Cleric.
DEVELOPMENT AGREEMENT - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
BY RESOLUTION NO.
Attest:
CITY CLERIC
BY RESOLUTION NO.
—al
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EVFXOPE
n
CITY OF MERIDIAN
3
ey/Z:\Work\M\Meridian 15360M\Hollister, J&IMevAgmt
DEVELOPMENT AGREEMENT - 11
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EXHIBIT A
Legal Description Of Property
DEVELOPMENT AGREEMENT -13
EXHIBIT "A"
A parcel of land located in the SW 1/4 of Section 32, Township 4 North.
Range 1 East, of the Boise Meridian, Ada County, Idaho, being more
particularly described as follows;
Commencing at the NW corner of the SW 1/4 (West 1/4 corner) of Section
32, T. 4N., R. 1 E., B.M., thence S 0'00'11" E 957.12 feet along the west lane
of said Section 32 to the REAL POINT OF BEGINNING of this description;
Thence N 89°50'05" E 1386.36 feet to a point;
Thence N 0°00'57" W 225.95 feet to a point;
Thence N 89°48'44" E 604.48 feet to a point on the east line of said W '/!);
Thence S 0°01'20" E 597.78 feet to the SE corner of the W 1/2 of the NE 1/4
Of the SWIM of said Section 32;
Thence S 89°48'44" W 663.66 feet to the SW corner of the NE 1/4 of the SW
1/4 of said Section 32;
Thence N 0°00'57" W 331.85 feet to a point;
Thence S 89°50'05" W t327.25 feet to a point on the west line of said Section
32;
Thence N 0°00'11" W 40.00 feet to the REAL POINT OF BEGINNING of
this description.
This parcel contains 10.02 acres, more or less, and is subject to all e_Yisting
easements and rights-of-way.
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT -14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE ) Case No. AZ -98-106
APPLICATION OF JAMES AND )
KAREN HOLLISTER, THE ) FINDINGS OF FACT AND
APPLICATION FOR ) CONCLUSIONS OF LAW AND
ANNEXATION AND ZONING ) DECISION AND ORDER
OF 10.02 ACRES ) GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on March 16, 1999; and continued until April 6, 1999, at the hour
of 7:30 o'clock p.m., and Shari .Stiles, Planning and Zoning Administrator, and the
Applicant's representative, Stilman Anderson, architect, for James and Karen
Hollister, having appeared and testified, and Tom Davis appeared and testified as an
affected property owner 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 Lav, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
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 March 16, 1999, and continued until April 6, 1999, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred (300') feet of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing; and that
copies of all notices were made available to newspaper, radio and television stations
as public service announcements; and the matter having been duly considered by the
City Council at the March 16, 1999, and continued until April 6, 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 H 67-6509 and 67-6511, and H11 -2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
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 10.02 acres in size. The property is
generally located east of Locust Grove Road, between Usticic and McMillan Road just
north of the Summerfield Subdivision. The property is designated as Yukon
Subdivision.
S. The owners of record of the subject property are James R: Hollister and
Karen L. Hollister, of 3860 N. Locust Grove Road, Meridian, Idaho.
6. Applicants are the record owners of the property and filed a written.
request for annexation and zoning.
7. The property is presently zoned by Ada County as Rural Transition
(RT), and consists of undeveloped, open land with a single residence.
8. The Applicants request the property be zoned as Low Density
Residential (R-4).
9. The proposed site of the subject property is located on the east side of
Locust Grove Road between Usticic Road and McMillan Road, north of the
Summerfield Subdivision.
10. The subject property is bordered to the north by land owned by the
Meridian Joint School District No. 2 and the Heritage Subdivision and by
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
undeveloped land to the east and west. The city limits of the City of Meridian are
adjacent and abut to the south of the subject property.
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: Construct a private drive back to the existing residence with no other
specific plans for development of the subject property.
14. Applicants' requested zoning of the subject real property as Low Density
Residential (R-4) is consistent with the current 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. The land within the proposed annexation area is contiguous to the
present city limits of the City of Meridian, and the annexation would not be a
shoestring annexation.
IT The property which is the subject of this application is within the Area
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
of Impact of the City of Meridian.
IS. 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.
19. 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:
19.1 The instant application is being filed separately from the application
filed by the Meridian School District. However, the two applications
are for contiguous parcels. The Applicants must submit a legal
description which meets the requirements of the City of Meridian and
the Idaho State Tax Commission.
19.2 The instant application provides that a subdivision is proposed on the
subject parcel; however, the subject parcel does not have adequate
public street frontage on Locust Grove. Applicants have not submitted
any plans to further subdivide the subject parcel at this time.
Applicants received approval for a private drive from Ada County.
Applicants are advised that they will not be able to subdivide the
subject property until such time as a public street is stubbed to the
boundary, possibly from the east.
19.3 Sanitary sewer serviceability to the proposed site is questionable since
the parcel is on the fringe of the service area of existing mains.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page S
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
Applicants' engineer shall verify the feasibility of service.
19.4 Water service to the subject parcel could be extended from the existing
main located in Locust Grove Road.
19.5 Any existing irrigation/drainage ditches crossing or adjacent to the
subject property shall be tiled per City Ordinance 1 1-9-605.M. The
ditches to be piped shall be designated on the site plans. Plans shall be
subject to approval by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project. The provisions
of this requirement shall not apply for the limited purpose of the
construction of the proposed roadway but shall apply if there is
additional development of the subject real property other than ordinary
maintenance and replacement of existing improvements.
19.6 Any existing domestic wells and/or septic systems within the subject
property shall be removed from their domestic service per City
Ordinance Section 5-7-5 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
Adopt the Water Department Recommendations as follows:
19.7 Well No. 18 will need to be in service prior to allowing any more
development in the subject pressure zone.
The Planning and Zoning Commission further advises:
19.8 Applicants shall submit plans prior to relocation of the proposed private
drive.
19.9 In the event that the proposed private drive is not paved, Applicants
shall provide adequate dust abatement.
20. - Due to a neighboring application' for annexation and zoning, the parcel
to the north of the subject parcel by the Joint School District No. 2, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN. HOLLISTER
requirements for landscaping associated with that development request, and due to
its proximity to the applicant's proposed private driveway, there is no need to require
that applicants provide a five foot minimum buffer planting strip between the
existing subdivision and the proposed private drive as was recommended by Planning
and Zoning.
21'. Mr. Tom Davis expressed concern over trash blowing onto his
agricultural fields from the subject property and requested fencing of the eastern
boundary but the Council finds that due to the fact that no development is
anticipated other than a driveway, that no such fencing shall be required.
22. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these findings of fact no. 19, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
23. It is found that the following are development considerations which
must be taken into account, in order to assure the proposed development is designed,
constructed, operated and maintained in a manner ,,vhich is harmonious and
appropriate in appearance with the existing, or intended character of the general
vicinity, in order to assure that the proposed use will not change the essential
character of the affected vicinity and will insure that the proposed uses will not be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
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:
23.8 Applicants shall submit plans prior to relocation of the proposed private
drive.
23.9 In the event that the proposed private drive is not paved, Applicants
shall provide adequate dust abatement.
24. 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.
25. There are no major or scenic features of major importance that affect
the consideration of this application.
26. The subject annexation request and'zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City
as follows:
26.1 Under the section entitled "Foreward" Goals of the Comprehensive Plan,
Goal no. 2 at page 5; and
26.2 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
"1
4
27. The property can be physically serviced with City water and sewer, if-
applicant extends the lines. ,
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said, property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
2-417 provides the City mayannex real property that is within the Meridian Urban
1 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
Meridian Comprehensive Plan and are applicable to this Application:
FINDINGS-OF'FACTAND CONCLUSIONS OF LAW.- Page
AND DECISION AND ORDER GRANTING APPLICATION4
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
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 (1983)
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
14., which pertains to pressurized irrigation systems.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
L r
•
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
.AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
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 10.02 acres located on
the east side of Locust Grove Road, between Usticic and McMillan Roads, just north
of Summerfield Subdivision, Meridian, Idaho. The legal description shall be prepared
by a Registered Land Surveyor, Licensed bythe 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 instant application is being filed separately from the application
filed by the Meridian School District. However, the two applications are for
contiguous parcels. The Applicants 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 The instant application provides that a subdivision is proposed on the
subject parcel; however, the subject parcel does not have adequate
public street frontage on Locust Grove. Applicants have not submitted
any plans to further subdivide the subject parcel at this time.
Applicants received approval for a private drive from Ada County.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
Applicants are advised that they will not be able to subdivide the
subject property until such time as a public street is stubbed to the
boundary, possibly from the east.
4.2 Sanitary sewer serviceability to the proposed site is questionable since
the parcel is on the fringe of the service area of existing mains.
Applicants' engineer shall verify the feasibility of service.
4.3 Water service to the subject parcel could be extended from the existing
main located in Locust Grove Road.
4.5 Any existing irrigation/drainage ditches crossing or adjacent to the
subject property shall be tiled per City Ordinance 1 1-9-605.M. The
ditches to be piped shall be designated on the site plans. Plans shall be
subject to approval by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project. The provisions
of this requirement shall not apply for the limited purpose of the
construction of the proposed roadway but shall apply if there is
additional development of the subject real property other ordinary
maintenance and replacement of existing improvements.
4.6 Any existing domestic wells and/or septic systems within the subject
property shall be removed from their domestic service per City
Ordinance Section 5-7-5 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
4.7 Well No. 18 will need to be in service prior to allowing any more
development in the subject pressure zone.
4.8 Applicants shall submit plans prior to relocation of the proposed private
drive.
4.9 In the event that the proposed private drive is not paved, Applicants
shall provide adequate dust abatement.
4.10 Applicants shall submit plans prior to relocation of the proposed private
drive.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND I<A,REN HOLLISTER
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held April 6, 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILMAN GLENN BENTLEY
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: ZD
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER
VOTED
VOTED
VOTED
VOTED
VOTED
a
MOTION:
APPROVED:
DISAPPROVED:
•
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By"' 9 Dated:
City Clerk
. iilt)lttNFr
msg/ZAWor1-\N1\Meridian 15360M\Iollister, J
SVA -L
1
9� T 1S'S • ¢•,`�:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
t
R��Tj� ;
cE `4ij CITY OF MERIDIAN
J4 N Q 5 f�qQq 33 East Idaho Street,, Meridian, ID 83642
Phone: (208) 888-4433
City of ATeridian Fax• (208) 887-4813
1RFcp'rvE1D
DEC 2 2 1998
CITY OF NERIDIAN
PLANNING & ZONING
'Ey Clerk Office IF OIL Lh
AV.- 0th" I�lo
APPLICATION FOR ANNEXATION AND ZONING OR REZONE
PROPOSED NAME OF SUBDIVISION: 1Adtix1xKSxbdWYA0X Yukon Subdivision
GENERAL LOCATION: East side of Locust Grove Road Between Ustick and McMillan Road
just North of Summerfield Subdivision.
TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Residential
ACRES OF LAND IN PROPOSED ANNEXATION: 10 + .1 Q, A--�
PRESENT LAND USE: Residential
PROPOSED LAND USE: Residential
PRESENT ZONING DISTRICT: Ada County - RT Zone
PROPOSED ZONING DISTRICT: Meridian - R4 Zone
wd4VJ)b�233�,
APPLICANT: James R. & Karen L. Hollister
ADDRESS: 3860 N. Locust Grove Road
ENGINEER, SURVEYOR, OR PLANNER: leatharn & Krohn Arch.
ADDRESS: 1735 Federal Way, Boise, Idaho 83705
OWNER(S) OF RECORD: James R. & Karen L. Hollister
ADDRESS: 3860 N. Locust Grove Road
PHONE: -887-6878
3 _-?vp - 3(p a)
PHONE: 336-3443
PHONE: 887-6878
- 1_4zzc.-�
of Applic nt
�7
4104 Malql
Caw�.QXYi q�1D�0�
,the � ' , - support a; varlet of
also states ;following pertaining to residential development; " pp y
residential. cafe ories" urban, rural, sin le-famil - ;' multi-famil ^ <townhouses; duplexes,
g (.. ya, y'
.
.g a of providing the'City,with a range of
' a artnients, condominiums etc. For the ur; os
p )F p p
' Also it is stat
g p encourage compatible infill,
affordable housin o porturnties. ed,_ enc
` ,.. development,which will improve existing neighborhoods:" The ten (10)'acre`s fit into the.,` -,-
vision of the'Comprehensive',Plan by providing the opportunity for a variety of ;
residential `categories `and infilling betWeen,the existing Summerfield Subdivision and
the'Meridian Joint School District No. 2 school,property',
k
s
_ here *e°an' further. questions lease ,
Thank;you •for to application and ifthere y 5� q p
do not hesitate to contact, us.
' Stllman.M. Anderson, AIA
Leatham, and,Krohn Architects
Representing��Mr and Mr. "James R. 'Hollister
cc: Mr. an James R Hollister
,Mrs., ,
;.
v . " r
t
7 y < r,
i
i
Ll "
x Leatham & Krohn
ti A_ R CIH I "T' E' C, T S
Darrell Leatha' Architect j £
1.
Kent Krohn, A'rchitki,, a
Wayne Thowless,'Architect
December 22;,1998
City of Mendian'
33 Eas`ldaho Street,,",;t F
Meridlan,.,ldalio 83642
Ph. 888-4433 y
Project- Application,for Annexation` , y
Meridian Joint School -district No. 2 ,
. v
,f
t
Applicant- Mr 'and Mrs.`James R Hollister
M
3860 N. Locust Grove
Road
Meridian, Idaho 83642 ;
Ph.-887=6878 M
r
Owner of. Property Same as above.
Refer_to' attachments""for the'f6ll6Wing requested': items: VV arranty',deed,• notarized
request'for zoning amendment, stamped legal description, zoning-n ap, 4and.a s_ igned , ,%,r
affidavit from the Owne0applicant }
. Mr.` and Mrs. Hollister.,respectfully submit this application for Annexation and zoning,to
the City of Meridian: 'The property is,currently open land with one house and is located
in Ada County'with'�a RT (Rural-Transitional) zoning`.designation 'The proposed land•
use would be residential with a proposed zoning designation of R4.
The propertyis on the'eastside of Locust`Grove Road between''Ustick Road
and McMillan Road; with the Summerfield.Subdivision to the south; open land;owned bye
. „
a -the Meridian Joint School. District No. 2 and Heritage' Subdi'vision� to the north,, and h
undeveloped' land to the east and,west. The Summerfield Subdivision immediately,to
_. -
"' the south is within the, city limits of.the' City, ofIMeridian.'
"rt The City of Meridia-tompreherisive Plan directly ad dresses ,development.Of ;
subdivisions by stating, "Promote; the development of high=quality. and',environmer tally �,
compatible eresidential.- areas that contain the necessary parks,-schools, and commercial. - -
facilities to maintain'and,form. identifiable neighborhoods. The•Comprehensive Plan
x
-113'5`Federa1,Way, Boise, Idaho 83705 • `' "' "'n' 208) 336-3443 '_`��' Fax (208) 336=3680.
k s
** TX CON �.aTION REPORT AS 'OF FEB 2SC' 99 08 29 PAGE. 01
CITY OF MERIDIAN
DATE .TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS
05 02/23 08:29 208 888 1097 EC --S 00'31" 001 229 OK
---------------- -
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 fast Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on March 16, 1999, for the purpose of reviewing and considering the
application of James & Karen Hollister for annexation and zoning of approximately
10.02 acres of land for proposed Yukon Subdivision, which is generally located east
side of Locust Grove Road, between Ustick & McMillan Road just North of Summerfield
Subdivision. The application requests a zone of R-4.
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
t
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 22"d day of February, 1999.
PUBLISH February 24 & March 10, 1999.
WILLIAM G. B RG, JR., �LEK
s
z �S�lZi�
z,
K7,
T 1SS P -F
NOTICE HEARING
w
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on March 16, 1999, for the purpose of reviewing and considering the
application of James & Karen Hollister for annexation and zoning of approximately
10.02 acres of land for proposed Yukon Subdivision, which is generally located east
side of Locust Grove Road, between Ustick & McMillan Road just North of Summerfield
Subdivision. The application requests a zone of R-4.
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 22"`' day of February, 1999.
PUBLISH February 24 & March 10, 1999
i
14 IN F-1 In Us i -I KENN IMP
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 February 9, 1999, for the purpose of
reviewing and considering the application of James & Karen Hollister for annexation and
zoning,of approximately 10.02 acres of land for proposed Yukon Subdivision, which is
generally located east side of Locust Grove Road, between Ustick & McMillan Road just
North of Summerfield Subdivision. The application requests a zone of R-4.
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 12th of January, 1999.
PUBLISH January20 & February 3, 1999.
n
WILLIAM G. BERG, JR., tlVfCLERK
* TX CONF I RMA70, REPORT **
DATE TIME TO/FROM
02 01/15 08:53 208 888 1097
AS OF JAN 15 '08:54 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC --S 00'37" 001 254 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 February 9, 1999, for the purpose of
reviewing and considering the application of James & Karen Hollister for annexation and
zoning of approximately 10.02 acres of land for proposed Yukon Subdivision, which is
generally located east side of Locust Grove Road, between Ustick & McMillan Road just
North of Summerfield Subdivision. The application requests a zone of R-4.
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 121t of January, 1999.
PUBLISH January 20 & February 3, 1999.
i
WILLIAM G. BERG, JR., 1 CLERK
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2
Mayor
ROBERT D. CORRIE
Council Members
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
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: February 2 1999
TRANSMITTAL DATE: January 5, 1999 HEARING DATE: February 9, 1999
FILE NUMBER: AZ -98-106
REQUEST: ANNEXATION & ZONING OF 10.02 ACRES FOR PROPOSED YUKON
SUBDIVISION
BY: JAMES & KAREN HOLLISTER'
LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road, Between
Ustick and McMillan Road Oust North of Summerfield Sub
TAMMY DE WEERD' P/Z.
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z'
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
_GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM &-FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT'
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOUR CONCISE REMARKS:
s HUB OF TREASURE VALLEY
LEGAL DEPARTMENT
A Good Place to Live,
(208) 884-4264
CITY OF MERIDIAN
PUBLIC WORKS
33 EAST IDAHO
BUILDING DEPARTMENT
(208)887-2211
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
DEPARTMENT
(208)884-5533
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be.considered.by the Meridian
Planning and Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2 1999
TRANSMITTAL DATE: January 5, 1999 HEARING DATE: February 9, 1999
FILE NUMBER: AZ -98-106
REQUEST: ANNEXATION & ZONING OF 10.02 ACRES FOR PROPOSED YUKON
SUBDIVISION
BY: JAMES & KAREN HOLLISTER'
LOCATION OF PROPERTY OR PROJECT: East side of Locust Grove Road, Between
Ustick and McMillan Road Oust North of Summerfield Sub
TAMMY DE WEERD' P/Z.
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z'
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
_CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
_GLENN BENTLEY, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
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:
g DEC -18-1998 08:25
DESCRIPTION FOR JIM HOLLISTER
REMAINDER PARCEL
(PARCEL 2)
January 15, 1998
P. 02'02
A parcel of land located in the SW'/ of Section 32, Township 4 North, Range 1 East, of
the Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the NW comer of the SW 114 (West'/ comer) of Section 32, T. 4N., R.
1E., 6.M., thence S 0°00'11" E 957.12 feet along the west lane of said Section 32 to the
REAL POINT OF BEGINNING of this description;
Thence N 89°50'05" E 1386.36 feet to a point;
Thence N 0°00'57" W 225.95 feet to a point;
7 , Thence N 89648`44" E 604.48 feet to apoint -on the east line of said W %;
Thence S 0001'20" E 597.78 feet to the SE comer of the W % of the NE % of the SW
of said Section 32;
Thence S 89948144" W 663.66 feet to the SW corner of the NE Yq of the SW'/, of said
Section 32:
Thence N 0600'57" W 331.85 feet to a point;
Thence S 89650'05" W 1327.25 feet to a point on the west line of said Section 32;
Thence N 0°00'11" W 40.00 feet to the REAL POINT OF BEGINNING of this
description.
' This parcel contains 10.02 Acres, more or less, 'and is subject to all existing easements
and rights -of --way.
Michael E. Marks, P.L.S. No. 4998
M241-legal-aes2 EXHIBIT A
TO LIMITED WARRANTY DEED
TOTAL P.02
' DEC -18-1998 08:25
PIONEER TITLE COMPANY
OF ADA COUNTY
Q
821 West State Street / Boise, Idaho 83702
(208) 336-6700
t
8151 W. Rifleman Street I Boisc, Idaho 83704
(208) 377.2700
P.01/02
,1 7/0 cl f- /sr %f3 0
SPACE ABOVE FOR RECORDING DATA
WARRANTY DEED
(INDIVIDUAL)
FOR VALUE RECEIVED HOLLISTER PROPERTIES, LP, AN IDAHO LIMITED PARTNERSHIP
GRANTOR(s) docs (do) hereby GRANT, BARGAIN, SELL and CONVEY unto
JAMES R. HOLLISTER AND KAREN L. HOLLISTER, HUSBAND AND WIFE
GRANTEE(S), whose current address is: 3860 N. LOCUST GROVE RD., MERIDIAN, IDAHO 83642
the following described real property in ADA County, State of Idaho,
more particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF
PIONEER TITLE GO RECORDED- REQUEST Of
ADA COUNTY RECORDER
J. DAVID NAVARRO -W—DEP
som. IDAHO FEE
14
1998 my 15 Pill 2:27 98046116
TO HAVE AND TO HOLD the said premises, with their appurtenaam unto the said Grantee(s), and Grantecs(s) heirs and assigns
forever. And the said Grantors) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/am the owner(s) in fee
simple or said premises; that said premiscs are free from all encumbrances, EXCEPT those to which this conveyance is expressly made
subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements: tights of
way and agreements, (if any) of record. and general taxes and assessments, includes irrigation and utility assessments, (if any) for the
current year, which aro not yet due and payable, and that Grantors) will warrant and defend the same from all lawful claims
whatsoever.
Dated: MAY ('.L�° 1998 HOLLISTER PROPERTIES L�.�P.
BY: "r L+wlIte-1
�GENIW PARTNER PENINSULA MANAGEMENT
ZZ)HANY, AN IDAHO CORPORATION,
ACKNOWLEDGMENT _ Partnership
51 Al . , County of ADA , se.
On Itis f 3 MAY , in the year of 1998 befov me
P ea TER , a notary public,
kno ,"OMP TN—EB Ol L ISTER PROP RTIES L. PRESIDENT OF PEN- NSULA A
and th Qjaji'a of the pattners who sir said paten hip -n to reg
instrumess WIWI d to me^W a exeCated the sauce i said p
Aestdl.a at
Merl o@an gip If
Residingat MERIDIAN, IDAHO
Date:
Purpose:
LI
AFFIDAVIT
December 4, 1998
Application for Annexation and Zoning
City of Meridian
•
Statement: James R. and Karen L. Hollister state that the property described on the
attached Exhibit "B" will be posted one (1) week prior to the public hearing
on the above mentioned application. The posting will contain the name of
the applicant, description of zoning amendment and the time, date, and
location of the public hearing.
The Hollisters acting as the "Applicant" have read the contents of the
above mentioned application and verify that the information contained
therein is true and correct.
James R. Hollister
1
Karen L. Hollister
On this 18th day of December, in the year 1998, before Lalonie L. Clifford,
a Notary Public, -personally appeared James R. Hollister, personally know
to me to be the person whose names is subscribed to the within instrument,
and acknowledged to me that he executed the same.
MION
S" pc,�a" - U,
0
REQUEST FOR ZONING AMENDMENT
Date: December 4, 1998
Project: Application for Annexation and Zoning
City of Meridian
Applicant: James R. and Karen L. Hollister
Statement: James R. and Karen L. Hollister, acting as owners of record on the
property described on the attached Exhibit "B request a zoning
amendment from the Ada County zoning designation of RT to the City of
Meridian zoning designation of R4.
James R. Hollister Karen L. Hollister
alsAl
On this 18th day of December, in the year 1998, before Lalonie L. Clifford,
a Notary Public, personally appeared James R. Hollister, personally know
to me to be the person whose names is subscribed to the within instrument,
and acknowledged to me that he executed the same.
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