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HomeMy WebLinkAboutTarawood Subdivision AZ 99-015(\'I.'1VOC ' ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY `~~. ~~'" "" `" A Good Place1to Liver ~~ ' ~~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 1~. LEGAL DEPARTMENT (?023) 2351-1?61 PUBLIC WORKS ~ BUILDING DEPARTMENT czo8) 8s~-,~ I I PLANNING AND ZONING DEPART~TENT (?08)831-533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C!C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~P~( ~5~-C~pt~~. i~~o~/o~~:~~ ~~y~' ~~~ ;~ CI"I~Y' OI~ N~IERIUfAN • 33 East Idaho Street, Meridian, ID 8~2 Phone: (208) 888-4433 Fax: (208) 887-4813 ~~'c~`1V-E~. ~ u ~ o ~ i999 CITY iyt~ 3ti~:Iti11l4,1 PI~~_~~T_~G Pe Z~~~"I `:= APPLICATION FOR ANNEXATION AND ZONING OR REZONE F~~ ~ j araw~od PROPOSED NAME OF SUBDIVISION: -~~~ SUBDIVISION GENERAL LOCATION: A PORTION OF THEN 1 /2 OF SW 1 /4 SECTION 20, T 3N, R 1 E TYPE (RESIDENTIAL, INDUS"I~P~IAL, COMMERC[ALj: RESIDENTIAL ACRES OF LAND IN PROPOSED ANNEXATION: 12.801 PRESENT LAND USE: AGRICULTURAL PROPOSED LAND USE: -RESIDENTIAL (32 SINGLE-FAMILY DWELLINGS ) PRESENT ZONING DISTRICT: RT (RURAL TRANSITION) PROPOSED ZONING DISTRICT: R-4 (LOLJ-DENSITY RESIDENTIAL APPLICANT: Michelangelo Investments, LLC Frank W. Stoppello, Manager ADDRESS: 620 W. Hays Street, Boise, Idaho, 83702 PHONE: (208) 336-1020 ENGINEER, SURVEYOR, OR PLANNER: Briggs En ineerin~, Inc. PHONE: 344-9700 ADDRESS: .1800 W. Overland Road, Boise, Idaho 83705 Frank W. Stoppello Manager Michelangelo Investments, LLC (208) 336-1020 OWNER(S) OF RECORD: PHONE: ADDRESS: 620 W. Hays Street, Boise, Idaho, 83702 Signature of applicant' Manager, Michelangelo Investments, LLC MasterA~1ci idi,~n~~~nnex-rezone-mcr 1800 West Overland Road ENGINEERS / PL~INNERS /SURVEYORS Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com July 1, 1999 ANNEXATION NARRATIVE TARAWOOD SUBDIVISION 1. Applicant: Michelangelo Investments, LLC (Frank Stoppello, Manager) 620 W. Hays Street, Boise, Idaho 83702 Phone: 336-1020 -Fax: 336-1027 2. Owner: Michelangelo Investments, LLC (Frank Stoppello, Manager) 620 W. Hays Street, Boise, Idaho 83702 Phone: 336-1020 -Fax: 336-1027 3. Notarized Request for Zoning: Attached 4. Legal Description: Attached 5. Present Land Use: Agricultural (vacant) 6. Proposed Land Use: Residential (32 Single Family Dwelling Lots) 7. Existing Zoning/Jurisdiction: RT (Rural Transition/Ada County) 8. Proposed Zoning: R-4 (Low Density Residential District) 9.& 10. The subject property lies between Los Alamitos Subdivision, Sherbrooke Hollows and (proposed) Thousand Springs Subdivision the three developments are currently zoned R-4 (Low Density Residential). The subject property could be considered an infill parcel with development north, south and east of the site. The proposed density of 2.5 dwelling units per acre is consistent and compatible with the other three adjoining developments. Central sewer and water is available to the site in adjoining stub streets. The development will connect to two stub streets within Los Alamitos and one stub streets in Sherbrooke Hollows. 11. The Meridian Comprehensive Plan designates the subject property as single family residential development. This. is consistent with the proposed annexation of R-4 and the preliminary plat application for (32) single family dwelling lots. 12. 1" = 100' Vicinity Map: Attached 13. (30) copies of 1" = 300' Vicinity Maps: Attached .: 9905 l 0\Annex-narrative BRIGGS ENGINEERING, INC. 1800 w. Overland Road- Boise, Idaho 83705 - (208) ~' 344-9700 ~ • 14. Property Owners within 300 Feet List: Attached 15. Annexation Fee: $595.00 + 80 @ $1.73 ($138.40) X 2 = $871.80 Attached 16. Affidavit of Posting: Attached 17. Affidavit of Accuracy: Attached 1. 990510\Annex-narrative ~FFIDAVIT OF LEGAL INTERES~ STATE OF IDAHO ) ss COUNTY OF ADA ) ' I Frank W. Stoppello, Manager of Michelangelo Investments, LLC Name Address 620 W. Hays Street, Boise, Idaho, 83702 ,being first duly sworn upon (city) (state) oath, depose and say: Michelangelo Investments, LLC is 1. That-I-at~ the record owner of the property described on the attached, and I grant my permission to Briggs Engineering, Inc., 1800 W. Overland Rd., Boise, ID 83705 (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 25th day of June , 1g gg SUBSCRIBED AND SWORN to before me the day and year first above written. L._, Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: 1 ~-08-2000 5 Manager, Michelangelo Investments, LLC "~ JU'~TY RECORDER ~" ~~~ ~~~ ~~ ~~. l rr~~ .' t/A n!~ J. ~/~VI:J ,n T/i f~f~Q ~.~. l9~9Ji+24 ~~~ 2:32 5903070 ---- UITCLAIM DEED FOR VALUE RECEIVED, FRANK W. STOPPELLO and VICKIE M. STOPPELLO, do hereby convey, release, remise and forever quit claim unto MICHELANGELO INVESTMENTS, LLC whose address is 620 West Hays Street, Boise, Idaho, 83702, all right, title, and interest now owned or hereafter acquired in the following described premises, located in Ada County, Idaho, more particularly described in Exhibit A attached hereto. TOGETHER WITH all rights-of-way for ingress and egress, easements, water, water rights, ditches and ditch rights-of-way appurtenant thereto or connected therewith. DATED:" 4 DATED: ~ ~~' ~~~ ~~~`~ STATE OFt IDAHO ) ~, . ss. County of Ada ~$ ) `~l° ~ , Frank W. Sto ello Vickie M. Stoppello t~ On° this y of ~~x~_, in .the year 1999, before me, t~~= -the undersigned, a` Notary Public in Ada County, State of Idaho, personally appeared FRANK W. STOP,PELLO"arid VICKIE M. STOPPELLO, husband and-wife, known or identifie~d':to nme to be the persons whose names are subscribed to the.=witYiin.:.and_ foregoing instrument and' acknowledged to me that •:~~ :f~ ..,,., . they~'exe.cuted-~~the same . ., ,~ ' •~'; I~ 43~NESS WHEREOF, I have hereunto set my hand and affixed "~ti:: m a,~~fici , ~~~al ~ the day and year in this certificate first above .. ~ w,~itte ~ '• .~ =. _~,.~ ~ ~ ~ C ! C • •i` °' *_ '- ~ •• ~' '•` ' « Notary Public for` t e State o daho .t ff O ~",;~~~ Residing in Ada County, I ho t•.' ~ _ • ~" "'~~~~,,,,,~,;,,~~~~~'~ My Commission Expires : '~ r~js ~ - S <. QCt3TCLAIM DEED - 1. i ~ EXHIBIT A THIS PARCEL IS A PORTION OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: CON4SENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER, THENCE SOUTH 89 DEGREES 49'39" EAST (OF RECORD NORTH 89 DEGREES 24'30" EAST) ALONG THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 1272.85 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 41 DEGREES 53`08" WEST (OF RECORD NORTH 42 DEGREES 39' WEST) A DISTANCE OF 263.20 FEET, THENCE NORTH 40 DEGREES 44'08" WEST (OF RECORD NORTH 41 DEGREES 30' WEST) A DISTANCE OF 140.40 FEET, THENCE NORTH 29 DEGREES 00'08° WEST (OF RECORD NORTH 29 DEGREES 46' WEST) A DISTANCE OF 183.80 FEET, THENCE SOUTH 89 DEGREES 57'08" EAST (OF RECORD NORTH 89 DEGREES 1?' EAST} PARALLEL WITH THE NORTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 57.19 FEET, THENCE NORTH 29 DEGREES 00'08" WEST 232.91 FEET TO A POINT ON THE NORTH SOUTH HALF OF THE NORTH HALF OF THE THENCE SOUTH 89 DEGREES 57'08" EAST DEGREES 17' EAST) ALONG SAID NORTH A DISTANCE OF BOUNDARY OF SAID SOUTHWEST QUARTER; (OF RECORD NORTH 89 BOUNDARY A DISTANCE OF 57.19 FEET; THENCE SOUTH 29 DEGREES 00'08" EAST A DISTANCE OF 251.66 FEET THENCE SOUTH 89 DEGREES 57'08" EAST (OF RECORD NORTH 89 DEGREES 17' EAST) PARALLEL WITH SAID NORTH BOUNDARY A DISTANCE OF 1409.28 FEET; Page 1 of 3 THENCE S • 39 DEGREES 11'22" WES • OF RECORD SOUTH 38__=-- DEGREES 25'30" WEST) A DISTANCE OF 302.09- FEET; --- THENCE SOUTH 18 DEGREES 01'22" WEST (OF RECORD SOUTH 17 DEGREES 15'30" WEST) A DISTANCE OF 105.00 FEET; THENCE SOUTH 12 DEGREES 01'38" EAST A DISTANCE OF 116.94 FEET (OF RECORD SOUTH 12 DEGREES 47'30" EAST A DISTANCE OF 117.4 FEET) TO A POINT ON THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 49'39" WEST ALONG SAID SOUTH BOUNDARY A DISTANCE OF 977.29 FEET (OF RECORD SOUTH 89 DEGREES 24'30" WEST A DISTANCE OF 977.7 FEET) TO THE TRU$ POINT OF BEGINNING. TOG$Z'HER WITH A PERMANENT EASEMENT FOR INGRESS AND EGRESS AND INSTALLATION OF UTILITIES FOR RESIDENTIAL USE OVER THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 49'39" EAST ALONG THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 1272.85 FEET TO A POINT, THENCE NORTH 41 DEGREES 53'08" WEST A DISTANCE OF 263.20 FEET, THENCE NORTH 40 DEGREES 44'08" WEST A DISTANCE. OF 140.40 FEET, THENCE NORTH 29 DEGREES 00'08" WEST A DISTANCE OF 18 3 . S 0 FEET TO THE TRIIE POIN'P OF BSGItII1ING OF SAID EASEMENT, THENCE NORT$ 29 DEGREES 00'08" WEST A DISTANCE OF 197.45 FEET TO A POINT WHICH LIES ON A LINE 31.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 57'08" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 497.04 FEET; THENCE SOUTH 0 DEGREE 44'37" WEST A DISTANCE OF 19.00 FEET; THENCE NORTH 89 DEGREES 57'08" WEST PARALLEL WITH SAID NORTH BOUNDARY A DISTANCE OF 315.40 FEET TO A POINT ON THE WEST BOUNDARY OF SAID SOIITH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER; THENCE NORTH 0 DEGREE 44'37" EAST ALONG SAID WEST BOUNDARY A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER; Page 2 of 3 • THENCE SOUTH 89 DEGREES 57'08" EAST ALONG THE NORTH BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 852.04 FEET; THENCE SOUTH 29 DEGREES 00'08" EAST A DISTANCE OF 232.9.1 FEET; THENCE NORTH 89 DEGREES 57'08" WEST PARALLEL WITH SAID NORTH BOUNDARY A DISTANCE OF 57.19 FEET TO THE TRUE POINT OF BSGIrII1ING. Page 3 of 3 ART LES OF ORGANIZA O~N r ~ ~ ~ LIM FD LIABILITY COMP IVY To the Secretary of State of Idaho, 2, Statehouse, Boise, Idaho 83720 ~~ 2 3n e~1 99 TAY ~FDAN~~£ SESjATE OF I v4~T S~°~ ~. ~ T •~ 4TE .. pf 1. The name of the limited liability company IS: Michelangelo Investments, LLC 2. The address of the initial registered office is: 62o w. Hays street, Boise, Iaaro (not a PO Box) 8 3 ~ 0 2 and the name of the initial registered agent at that address is: Frank w. Stoppello ~~ Signature of registered agent 3. The latest date certain on which the limited liability company will dissolve: June 1 , 204 9 4. Is management of the limited liability company vested in a manager or managers? ~ Yes ~ NO (check appropriate twx) 5. If management is vested in one or more manager(s), list the name(s) and address(~s; of at least one initial manager. If management is vested in the members, list the names) and address(es) of at least one initial member. Name: Address: Frank W. Stoppello 620 W.-Hays Street, Boise, ID 83702 6. Signature of at least one person listed in #5 above: IDAF~ SECRETRRY Of STATE A6/~~~~9~Jte ~9~(00 CKs 3433 CT: 94384 Bbl: 2276b9 1 8 188.88 = 18A.88 ORGAN LLC 8 P ~ ~U~ LLC' /593 File Two Copies Fee: `~ 00 if typed with no attachments DESCRIPTION FOR TARAWOOD SUBD{VISION JULY 1, 1999 A parcel of land lying in the SW'/. of Section2D, Township 3 North, Range 1 .East, Boise Meridian,,Meridian, Ada County, Idaho, more particularly described as foNows: Commencing at the southwest corner of Section 20, T.3N., ~.1~., B.M., thence N 00°44'49"_E 1327.60 feet to the southwest corner of the N '/Z of the SW ~/<; Thence S 89°49'11" E 1273.08 feet along the south line of the N'/z of the SW I4 to the REAL POINT aF BEGINNING o#-thls description; Thence N 41°53'21." W 263.34 fleet to a point; Thence-N 40°44'21" W 140.40 feet-too-point; Thence IV 28°58'20" W ,183..69 .feet to a..point; Thence~S9°56'41" E-5721-feet-tow-point; Thence N'29°01'26" 1N 233.14 feet to a point; Thence S 89°58'11 "-E 57.2D feetxo-a point; Thence 5-29°01'26" E 252:05 feet to anoint; Thence-5-89°56'41" E 14Q7A8-feetta a-point; Thence S 39°02'03" W .301.40 feet to a .point; Thence S 18°-02'03" W 105:D0 feet-to-a-point; Thence S 12°06'03" E 117.00 feet to a .point on the south line of the N '/ of the ~alY'/4; Thence N 89°49'11" W 976.31 feet along the south-line-af _the _N '/2-of the SW ~ to the REAL POINT OF BEGINNING of this description; Said parcel of land containing 12.797 acres more or-less. '~'~ll r Michael E. Marks, P.L:S. No.4998 I .~. 990510\tarawood.des v°o ~._. ABL B. ~~ STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF POSTING X I, Donna Wilson, (Briggs Engineering Inc.) 1800 W. Overland Road (name) _ (address) Boise Idaho 83705 ,,.being first duly sworn upon (city) (state) oath, depose and say: That I will personally post the subject property with a hearing notice one week prior to the public hearing for annexation, variance and preliminary plat. Dated this / ~ day of 19 C/ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. `4`i: ~ hp :: ';i V 6g~ 1~ i ~~ ~~ 7 .* ~+ • %~Jy~~ ~ ~~~,~~~. Notary Public for daho Residing at ~~~rS~ f~/il6 c My Commission Expires: / i~ _ 990 l0\affid-posting U STATE OF IDAHO ) ss COUNTY OF ADA ) AFFIDAVIT OF ACCURACY rte, U I, Becky L. Bowcutt (Briggs Engineering Inc.) 1800 W. Overland Road (name) (address) Boise _ Idaho. 83705 ,being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. 5~ Dated this ~ day of nature) 19 ~~ SUBSCRIBED AND SWORN to before me the day and year first above written. • ,~. 6' ,t ~pT ARC, ~N AV 161•~C° ~ O~ 990 10\affid-accuracy vC ~ Notary Public for Idaho Residing at ~s~.s<. /~/~ ~ a My Commission Expires: / / 1 %~ i i ~ ~`~ l~ o ~ ~~ ~~o _R_-4 ~ e 1 1 I i I I "~ N EinREE 9nR50R ~% EPARTV .Ei 51 \\~ \ ~ ~ /~~\ \ ~ wt \> / 1 z ' ~IQff ~,~ °b ~. E THREE BMS OR _ m ~.- v~ . `.. 7~ ~ ETMREEBMSOR --~ ~_ `.o~S O~' E TIME ZONE DR -- -_- ~ ~\ ~ ~~ ~ , ~~ N _ EEASY,.ET ST _ .________.. .. 1 _ ._. _ . _ __ _ _ -_ ` 3 1 BLO K 2 11 x' 17 12 11 'y 6 7 13 LOCK 3 '~ ' 4 s~ 2 5 10 a 16 ~, 2 ~°G ~ ~ 0 10 9 5 3 ~ z 8 9 15 14 ~~9/ ~ ~ 8 ' $~9 ` 6 E. TAL4WOOD 5T. A,~O~O $Y~ Z i7 7 BL CK ~ !' o~sp~~$1p~ ' .S y' i - i ~ j ~ _. --- -- __ __ ----~---- - F,~- y0~5 _ _. „ E DWORSMAK DR , . ~ , --- ,~,; gp0~ Z~11 ~R-4 - , i ~ _ _...._ , ---__~ .. _.___.~ ._______ ~_____ _ ~ ~ ,Y~ __ EptEEK. OR.- - ti,, ~. _ ~'` ~'r~ -~- _ R-4 -- -- EMK~,~ --,----,----J----- '. ----- ~_ -- - _ , -,___ ?, -,__ , _ E .. ~~ _ - _ ~ i -- •~~._ _ ~~'- . ~ `_ ~ • ~~ I _ ___ m ~' ~O _.___~_____. ___ m "_ _ VICINITY MAP TARA~VOOD SUBDIVISION PORTION SV11 1/4 SECTION 20, T3N, R1 E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 300' ' \ ~ I \ I O I U ~ I\ ~ i ~ r N I I ~ I 0 N Z I ~ I o r I ~~ I ~ wm ~ a ~ ,~ "' \a ~ Y ~ Q Q wO p o I dbe ~ H F Q °o ~ib ~ , I ~ 1--i O Z it '-' y /~ yy Q \ ~ o •- ~ i I-- Zz¢ o O ~ w'`~ a m N ~ ~= I Q I 4i ~ Z I Z~ Oo r ro 0 a a I ~ I YO N2/OHLJOHS S '~ N N2/OHl ?10HS S I d' N ~ Y !n `~ I I o I m ~P I ~~ r P(t N `~ ~ P~ I 5.6 ~ I G~ 1 i o ` / 0 ' / i I ~ I ~ r~ / i N ~ i 7 ;, ._ _ .2C'A CUJD'~~++TY pEACO~DER ~~ {{{ 1001 ~i~ ?-- _I~M i~ 39 R~GDRaEO-^nEC~. aT OF £~ OErUT`' !// 4~/J 1Oi852'~8~ f l L~E COPY MER-DtgfV D11r~r DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Frank W. Stoppello/Michelangelo Investments, LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of !r% ~ , ~, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, hereinafter called "DEVELOPER", whose address is 620 W. Hays Street, Boise,. Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 lA, Idaho Code, provides that p cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density DEVELOPMENT AGREEMENT - 1 Residential District (R-4), (Municipal Code of the City,of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be-made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning SL Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of ~iUJPJ'~1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set;forth in full, hereinafter referred to as (the "Findings'~);wrand 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and ~~.. 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the *' "Property" is in accordance,with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the .proceedings for annexation and zoning designation from government subdivisions providing services within the DEVELOPMENT AGREEMENT - 2 District (R-4), Meridian City Code which are herein specified as follows: For the construction; use and maintenance of 32 single- family dwellings. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: ` 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5.1.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5.1.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. DEVELOPMENT AGREEMENT - 4 5.1.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5.1.7 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 5.1.8 Sanitary sewer service to this. site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 5.1.9 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5.1.10100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5.1.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa Sz Meridian Irrigation District. 5.1.12Applicant to provide for a common lot to be owned and maintained by the Home Owners Association along the southern boundary of the subdivision from Nine Mile Drain to the easternmost common lot in Sherbrooke Hollows Subdivision, which common lot shall be of sufficient width as required by staff for pedestrian access DEVELOPMENT AGREEMENT - 5 use. Provided, however, nothing herein shall be construed to require any maintenance by said Homeowners' Association that would otherwise be done by the Nampa SL Meridian Irrigation District as part of its maintenance of the Nine Mile Drain. 5.1.13A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT - 6 9. DEFAULT: 9.1 In the .event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City," upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct DEVELOPMENT AGREEMENT - 7 the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of :any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount. of time of such delay. 13. SURETY OF PERFOP:MANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any .phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or DEVELOPMENT AGREEMENT - 8 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: Frank W. Stoppello/ Michelangelo Investments, LLC 620 W. Hays Street Boise, Idaho 83702 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform. any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person DEVELOPMENT AGREEMENT - 9 acquiring an interest in the "Property". Nothing herein shall in:any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or. implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise .,provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: rank W. Stoppello Developer Attest: 1.~c . ~. CITY OF MERIDIAN Attest: CITY CLERK BY: ' YOR ROBERT D. CORRIE ```y`~~~~[1ii~t~rff~,i ~~cI3 lea . ; ~b~ _ ~ ,~, G r,~~ 9 ~' DEVELOPMENT AGREEMENT - 11 STATE OF IDAHO COUNTY OF ADA. :ss On this~day of ~ i , in the year 2001, before me, ~ hbt,(_ YY~ . (, (~~ Notary Public, personally appeared Frank W. Stoppello ~l own or identified to me to be the Manager ~.1, ~ ~ „_~~.,., of Michelangelo Investments, LLC, who executed the inst~ ent on behalf of said Michelangelo Investments, LLC, and acknowledge to me having executed the same. ~ O T ~ ~'' # • _ (~)2 4 ~ -..,. k~ • m~ :~ ~, ; - : . ~' ••. ~9~, ••..~. ; ~i,~ OF ID r~,.•. Notary Public for Idaho Commission expires: I (-D~j'-~G~(P r~~hy ~ /~~,~~~~~o tnZ.AUBLIG ~'4r~~° OF ID ~'~ STATE OF IDAHO County of Ada ss On this ~'jr~ day of ~ri ( , in the year 2001, 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. _~,...,,~ .; (SEAL) Notary i Idaho Commission expires: gs~,~7b msg/Z:\Work\History\M\Meridian\Tarawood SubdivisionWevelopAgr DEVELOPMENT AGREEMENT - 12 EXHIBIT A Legal Description Of Property A parcel of land lying in the SW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of Section 20, T.3N., R.lE., B.M., thence N 00°44'49" E 1327.60 feet to the southwest corner of the N 1/z of the SW 1/4; Thence S 89°49' 11" E 12 73.08 feet along the south line of the N 1/z of the SW 1/4 to the REAL POINT OF BEGINNING of this description; Thence N 41°53'21" W 263.54 feet to a point; Thence N 40°44'21" W 140.40 feet to a point; Thence N 28°58'20" W 183.69 feet to a point; Thence S 89°56'41" E 57.21 feet to a point; Thence N 29°01'26" W 233.14 feet to a point; Thence S 8 9°5 8' 11 " E 5 7.2 0 feet to a point; Thence S 2 9°01'2 6" E 252.05 feet to a point; Thence S 89°56'41" E 1407.08 feet to a point; Thence S 39°02'03" W 301.40 feet to a point; Thence S 18°02'03" W 105.00 feet to a point; Thence S 12°06'03" E 117.00 feet to a point on the south line of the IV 1/2 of the SW 1/4; Thence N 89°49'11" W 976.31 feet along the south line of the N I/z of the SW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land containing 12.797 acres more or less. DEVELOPMENT AGREEMENT - 13 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of AFFroval DEVELOPMENT AGREEMENT - 14 ~~~~~ ,.:,~.. J 7 ! ~ tQ~Q CITY OF i~IEftI~L~'v BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MICHELAiVGELO DIVESTMENTS, LLC, THE APPLICATION FOR Ai~INEXATION AND ZONING OF 12.501 ACRES FOR TARAWOOD SUBDIVISION, SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOI<E HOLLOWS, MERIDIAN, IDAHO Case No. AZ-99-015 FINDINGS OF FACT Ai~1D CONCLUSIONS OF LAW AMID DECISION AND ORDER GRANTING APPLICATION FOR AI~INEYATION AND ZONING The above entitled anne:cation and zoning application having come on for public hearing on October S, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Frank Stoppello, and appearing on behalf of the Applicant was Beclcy Bo~vcutt from Briggs Engineering, appeared and testified and appearing in opposition or with concerns were: Clint Riley, Michael DeMayo, Scott Jarvis, Mr. Sutter, having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR AI~INEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October S, 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 ~veelc before said hearing, and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set Forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 1 1-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of.the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC g Nteridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 12.801 acres in size. The property is located south of Los Alamitos Parlc and north of Sherbrooke Hollows Subdivision, Meridian, Idaho. The property is designated as Tarawood Subdivision. S. The owner of record of the subject property is Michelangelo Investments, LLC, of 620 W. Hays Street, Boise, Idaho. 6. Applicant. is owner of record. i . The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. 8. The Applicant requests the property be zoned as Lo~v Density Residential (R-4). 9. The proposed site of the subject property is located north of Sherbrooke Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 10. The city limits of the City of Meridian are adjacent and abut to the north, south and east of the subject property tivith Ada County Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC (It-T) to the west. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian.. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family dwellings. 14. The Applicant requests zoning of the subject real property as Lo~v Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential.. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1 S. l Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. FINDINGS OF FACT AI~1D CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGlTARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC Placzs will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells cilav be used for non-domestic purposes such as landscape irrigation. 15.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 15.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 15.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 15.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 15.7 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one ~veelc prior to the hearing by the Meridian City Council. 15.8 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. I5.9 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible' to FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page S AMID DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC construct the water illains to and through. the proposed development. Subdivision designer. to coordinate main sizing and routing with the Public Works Department. 15.10 100-watt, high-pressure sodium streetlights ~c~ill be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 15.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 15.12 Adjust adjacent lot line to provide the minimum street frontage, create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association. 15.13 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 15.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits.. 1 ~.1 S Applicant shall enter into a Development Agreement with the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 15, and all subparts, the economic welfare of the City and its residents and ta,~c and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION~AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELAi~1GEL0 INVESTMENTS, LLC will be protected, which- requirement shall be included in a development agreement, a condition of annexation and zoning designation. 17. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be .hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. I8. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC requirements of the Zoning ordinance assure that the processing of such application is the management of gro~~rth with tlae aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the ,City to all applications such as the subject application. 20.2 This proposed riew growth development wily finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses ~«thin the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 20.4 The application is consistent with Meridian's self identity. 20.5 The proposed development will be consistent with the goal of supplying, employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 20.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20:5 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNE;CATION AND ZONING/TARAWOOD SUBDIVISION BY: ivIICHELANGELO INVESTMENTS, LLC plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real propeny that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The ,Goals of the Comprehensive Plan are set forth at Page S and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC =1.1 To preserve Meridian's environmental quality and to Inalce .provisions for and improve the total natural environmelu by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedtlres governing the use of land, residential development the provision of services and the distribution of rre~v housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 Ta encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONNG/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC revenues ,pay for ser<~ices. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Low Density Residential , (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follows: ~R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of lo~v 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 Citv, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a ma,~cimum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, this Section lists the uses aIlotived in the various zoning districts of the City; that single family dwellings are listed as permitted uses in the Low Density Residential (R- 4) District. 7. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single family dwellings on this parcel of land. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11~ AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC City of Idaho Falls, .105 Idaho 6~, 66~ P2d 107 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 1 1-9-60~ M, which pertains to the piping of ditches; and Section 11-9-606 B 1 ~., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section I 1-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer. make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 12.801 acres to Lo~v Density Residential Zone (R-4) is granted subject to the terms FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 ,. AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC and conditions of this Order 1lereinafter stated. '?. The application is for annexation and zoning of 12.501 acres. The leg~il description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the pro~~isions of the City of Meridian Resolution No. 15S. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 656. 3. The City Attorney is directed to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements with the following special terms and conditions related to this application to-~vit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in'this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 3.5 Coordinate fire hydrant placement with the City of Meridian, Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 3.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 3.7 Respond in writing, to each of the comments contaicled in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 3.8 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3.9 Water service to this site. will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with °the Public Worlcs Department. 3.10 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. Ail streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa &. Meridian Irrigation District. 3.12 Adjust adjacent lot line to provide the minimum street frontage, create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the. Home Owners Association. 3.13 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 A.ND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC review and approval ~~~ith the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 3.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. 3.15 Applicant shall enter into a Development Agreement with the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Lo~v Density Residential (§ 11-2-408 B 3 of the Revised and Compiled Ordinances of the City of Meridian) which Ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and oning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC f ~~. NOTICE DF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ` By action of the City Council at its regular meeting held on the '~ ~ day of ~v2~-,f Pte. , 1999. ROLL CALL COUNCILIvIArI,SI IDERSON VOTEDg- COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED Idea Q COUNCILMAN ROUNTREE VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC „~ 3; MAYOR ROBERT D. CORRIE (TIE BREAI~R) VOTED DATED: l/ ~"~ -,~~ MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: ~ Dated: ~~` ~- City Clerk _~,,,,,,._ ~~~ ~ ~ .,~~~~~i ~~ BBAL .t a ' 7 ., ti ~~! T t8S • P 'p FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIfARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC .~ w.. _. -r, cc o~c~tt~ is ~va~~ ~~t~~c~ Sherry R. Huber, President K,,~~-'t' 318 East 37th Street Judy Peavey-Derr, Vice President 4 Garden City, Idaho 83714-6499 Marlys Meyer Routson, Secretary A~~ j 6 1998 Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner Gl ! ~ ~ ? ~ ~'~ e-mail: tellus achd.ada id us August 4, 1999 AUG 1 2 X999 TO: Becky Bowcutt Briggs Engineering,' Inc. CITY OF ~LERIDL~'i 1800 W~ Overland Road Boise. iD 83705 FROM: Steve Arnold, Principal Development a st Ada County Highway District SUBJECT: MAZ99-015 l'arawood Subdivision Preliminary Plat .r Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 28, 1999. The attached staff report lists conditions of approval and street improvement s which are required. If you have any questions, please feeffree to call me at 387-6170. cc: Plan&Dev Svsc-Chron/File John Edney Chuck Rihaldi Michelangelo Investments, LLC City Of Meridian C ADA~OUNTY HIGHWAY DI~RICT Planning and Development Division Development Application Report Preliminary Plat - Tarawood Subdivision/MAZ99-01 ~ eio Locust Grove Road n/o Victory Road Tarawood is a 32-lot residential subdivision on 12.S-acres. The applicant is also requesting annexation to the City of Meridian and a rezone from RT to R-4. The 12.5-acre site is located east of Locust Grove Road, approximately one half mile south of Overland Road. This development is estimated to generate 320 additional (10 existing) vehicle trips per day based on the Institute ofTransportation Engineers Trip Generation manual. Roads impacted by this development: Bayou Bar ~Vay Gold Bar Way Short Horn Avenue Locust Grove Road ACHD Commission Date -July 2S, 1999 - 7:00 p.m. ' \ r,-~~ ~\ v t' Y ~`~ \~ ~ ~ -~ ° 1 ~~ c R-4 ~ W° ` i ~ 1 ; /~. „ ,; `~. _ t 1 E twREE BARS D4` I ~ ERM }Y ~Et 5i ` `. /\\ \ /\~. ~ = ~ ~ ~ ^~ i ~~ I - - -. _ \{ ~~ ',Q '.'^ ~'. -. ~' ~'. ETMREE BMSDR __ _ ~ __ _ ~ . 0 ... et' .y __._. __ _.. _.__. _ O~ ~'E ETHREE BMSOR _ ~ - 'i -- ------------ '. -- - - -- -- - 4 --- -- - --~~ ~~,~ - E TiuE ZONE OR -\ ~ - --- --------- 1 ~ '~ , ~' 5 ~ 0 NEC T/ •, _ - - - - --. ~ ~ ~ - EEnSr..ET ST ...._... ~' N , D , N D - - - - - - g °~ O ~ 17 12 11 '` 3 1 -~,~ ~ 6 7 13 LOCK 3 q s 5 10 ~ 16 i, s 2 5 a9~~ 2 3 ~ i 8 9 ~ 15 1 q 10 g ` ~ ~ 6~~9~`f ~ '~E.TALAW0005T. 8 0~/O~ 4gS~~ z _Ygr `a 5 7 BL K i 1, ~ ~Sp.I~~j~514 8 < 1 2 3 4 5 6 7 ~ ~~>" -'~ i ._ IJ . . ' STS-8/~~ -r~r ------- . ` ~5 EDwORF~"u(DR ~~~~~~- 4O is O~ . . . . . . --- _ , __-_ _-__r___ ~ _ 1 ~ ~ r" ~ ft-4 ~ ~- -- ~ Ew~~r- ----------------- ', ----- ~ ~ - /+ _ ,I ~ `\ \~\ ' g ~„ ------- ---- ~-----~ I ~ f _ 'o _ -----'-'--- -'-- VICINITY MAP TAR.AWOOD SUBDIVISI031T li PORTION SW 1/4 SECTION 20, T3N, R1 E, B.M. ADA COUNTY, IDAHO ~~ SCALE: 1" = 300' Facts and Findi ngs: A. Genera( Information Owner -Frank Stoppello - Michelangelo Investments, LLC Applicant -Briggs Engineering RT -Existing zoning R-4 -Requested zoning 12.8 -Acres 32 -Proposed building lots 286 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District you Bi ar Wav Local with bike lane designation No traffic count available 57-feet existing right-of--way (for portion already constructed) 50-feet required right-of--way for extension Bayou Bar Way is improved with a 37-foot street section with curb, gutter and detached 5-foot wide sidewalks. Bayou Bar Way stubs into this site at the north property line. Gold Bar ~~.'av Local with bike lane designation No traffic count available 50-feet existing right-of-tivay (for portion already constructed) 50-feet required right-of--way for extension Gold Bar Way is improved with a 37-foot street section with curb, gutter and ~-foot wide attached sidewalks. Gold Bar Way stubs into this site at the north property line. Short Horn Avenue Local with bike lane designation No traffic count available 50-feet existing right-of--way (for portion already constructed) 50-feet required right-of--way for extension Short Horn Avenue is improved with a 37-foot street section with curb, gutter and ~-foot wide attached sidewalks. Short Horn Avenue stubs into this site at the south property line. ~rau~.wooo.c~t~t Passe 2 { Short Horn Avenue as a 37-foot street section, with ~-foot wide attached concrete sidewalk in ~0-feet of right-of-tivay. District staff supports this connection. I. The applicant should be required to constrict all public roads within the subdivision as 37-foot street sections with curb, gutter, and ~-foot wide concrete sidewalks within ~0-feet of right-of- wav. The applicant is proposing to construct two turnarounds in the subdivision. One is proposed at the north end of Shorthorn Avenue, and tale other is proposed at the east end of Talawood Avenue. The turnarounds should be ACRD approved with a minimum turning radius of 4~- feet. Submit a design of the turnaround for review and approval by District staff. IC. The applicant is proposing to construct a knuckle on the south side of Talawood Avenue. The applicant is proposing to constrict a traffc island in the knuckle, which should be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island should maintain a minimum of a 29-foot street section. The design should be reviewed and approved by ACHD's Planning and Development staff. L. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association.. Notes of this should be required on the final plat. M. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: 1. Extend Bayou Bar Way into the subdivision between Lot 3, Block 1, and Lot 1, Block 2, as a 37-foot street section, with ~-foot wide attached concrete sidewalk in 50-feet ofright-of--way. Coordinate the transition of the sidewalk and right-of--way dedication with District staff. 2. Extend Gold Bar Way into the subdivision between Lot 9, Block 2, and Lot 1 ~, Block 3, as a 37-foot street section, tivith 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. 3. Extend Short Horn Avenue into the subdivision between Lot 8, Block 1, and Lot 1, Block 3, as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet of right-of--way. 4. Construct all public roads within the subdivision as 37-foot street sections with curb, gutter, and ~-foot wide concrete sidetivalks within ~0-feet ofright-of--way. Constn~ct an ACRD approved turnaround at the north end of Shorthorn Avenue, and at the east end of Talawood Avenue, with a minimum turning radius of 4~-feet. Submit designs of the turnarounds for review and approval by District staff. T~[tawOOD.C~i:~l Pa~~e -l .~ ? 6. Constriction, use and property development shall be in confornlance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-vvay. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGL[NE (1-800-3=I?-i~8~) at least ttivo full business days prior to breaking ground within ACRD right-of-wav. The applicant shall con~act ACHD Traffic Operations 387-61)0 in the event any ACHD conduits (spare or filled) are . compromised during any phase of constriction. No ehanae in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, reg~ilations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said "requirements or other legal relief is granted pursuant to the lave in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use,~deveiopment wilt not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments,_please contact the Planning and Development Division at 387-6170. Jsily ?9, 1999 TA RA W 00 D. C ~t ~[ Pa«e 6 ~~„ a =; JY ~r, 7 -_ 7 _ j~~ r~t` _.. ~~ Fµ. y~ f Email via Internet @ wfg@wppmg.com Interoffice Memorandum ~, To: William G. Berg, Jr. 8 From: Marlene St. George 9~ Date: April 11, 2001 RE: FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, - TARAWOOD SUBDIVISION /DEVELOPMENT AGREEMENT /CASE NO. AZ-99-015 Please find enclosed the original, executed DEVELOPMENT AGREEMENT for Tarawood Subdivision, Case No. AZ-99-015. Mr. Stoppello has executed the agreement, a~now.the`agreement.is xeady.to~be~placed`upon`an~,upcoming:City-Council agenda. It appears everything else has been taken care of in this project, and the AZ Ordinance No. O1- 916was approved at the Apri13, 2001 Council meeting. If you need anything further, please advise. Z:\Worlc\History\M\Meridian\Tarawood Subdivision\C1erlcDevAgt041101.do ~ ~ ~ 1 ~. REC. ~,D APR 12 2001 City op Meridian City Clerk Office ~ c~ - ~~.~ ~`' RECE~~~~,~i1- MAY 1 ~~ ~Otil CITY OF MEftIDiFYI~T .--~-,r ~; ,10A COt;b'TY1 ~C~~a~C~ER~ /// ~. 1.1 L1i ~1 ! ~Ll~i;)n 2fl~1 ~ ~ ? ~ ~M )~ 39 f ~~ DEPtJ 7Y I 0 I G5z'~82 MERIDIAN CtT'Y DEVELOPMENT AGREEMENT E PARTIES: 1. City of Meridian s 2. Frank W. Stoppello/Michelangelo Investments, LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of Y% ~ _, ~, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, hereinafter called "DEVELOPER", whose address is 620 W. Hays Street, Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain'tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and I.2 ° WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that-the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and i' 1.3 WHEREAS, "City" has exercised .its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and t 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density DEVELOPMENT AGREEMENT - 1 • ~ ~' Residential Distri t (R-4), (Municipal Code of the City of Mendian); and ~. 1.5 WHEREAS, "Developer" made representations at the ,. public hearings both before the Meridian Planning SL Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses'of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City, Council, the ~ day of N~~P1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action' on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1. I 0 WHEREAS, "City" requires the "Developer" ~to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this. development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the DEVELOPMENT AGREEMENT - 2 ! • planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title I I , Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "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 Frank W. Stoppello/Michelangelo Investments, LLC, whose address is 620 W. Hays Street, Boise, Idaho 83702, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3. "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada; City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section I 1-2-408 B 3, Low Density Residential DEVELOPMENT AGREEMENT - 3 ,:;.. • ' • _.. - District (R-4), Meridian City Code which are herein specified as follows: For the construction, use and maintenance of 32 single- family dwellings. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.I "Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance I 1-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches ' crossing this project. 5.1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5.1.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5.1.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. DEVELOPMENT AGREEMENT - 4 A C 5.1.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5.1.7 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 5.1.8 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 5.1.9 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5.1.10100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5.1.11 Applicant indicated -that the pressurized irrigation system within this development is to be owned and maintained by the Nampa &. Meridian Irrigation District. 5.1.12Applicant to provide for a common lot to be owned and maintained by the Home Owners Association along the southern boundary of the subdivision from Nine Mile Drain to the easternmost common lot in Sherbrooke Hollows Subdivision, which common lot shall be of sufficient width as required by staff for pedestrian access DEVELOPMENT AGREEMENT - 5 c use. Provided, however, nothing herein shall be construed to require any maintenance by said Homeowners' Association that would otherwise be done by the Nampa Sz Meridian Irrigation District as part of its maintenance of the Nine Mile Drain. 5.1.13A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors; assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT - 6 .,. • • 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct DEVELOPMENT AGREEMENT - 7 - • the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either. "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFOF;MANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the irreprovements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or DEVELOPMENT AGREEMENT - 8 ~i • 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: Frank W. Stoppello/ Michelangelo Investments, LLC 620 W. Hays Street Boise, Idaho 83702 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section: 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person DEVELOPMENT AGREEMENT - 9 acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions'thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of : `Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20, INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendrnenr, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the" approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the .Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - IO ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: rank W. Stoppello Developer Attest: ~~,~~ CITY OF MERIDIAN BY: YOR ROBERT D. CORRIE ~,~~-~ 6 ~ C<~y ~wn tee. ~-3-01 Attest: j,~;lttlt'ifittllT!!~! . ~~ _ r CITY CLERK ~ ~~;b~.Ir ~' em J i `L`r DEVELOPMENT AGREEMENT - 11 STATE OF IDAHO COUNTY OF ADA On~ this~~,day of ~ , in the year 2001, before me, ~, ,~~ _ YYl . [. (~~ Notary Public, personally appeared Frank W. Stoppello ~1 1„ A~~,„„ ~ „ ,~, known or identified to me to be the Manager ~ „ ,.,,~~~ o _ of Michelangelo Investments, LLC, who executed the instrument on~ behalf of said Michelangelo Investments, LLC, and :ss acknowledge to me having executed the same. ..~`~~E M• c~. 1yOT ~ ~ _, 4 I -• T ~. . • • • -a. • • ., ~n% ~~ ~~-9'•• o~r~ • F~I~ r ••~; 0 ... w Notary Public for Idaho Commission expires: I (-D~j'-~Gt~IP ~?~hcr ~. ~la~~ ~~~D V,'L~AVBLIC •: ~'~4.~ OF ID ~'.o• STATE OF IDAHO County of Ada :ss On this~r~ day of ~rpYi I , in the year 2001, 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. _w,...,, (SEAL) Notary i Idaho Commission expires: ~-Z~,~Db msgfZ:\Work\History\M\Meridian\Tarawood Subdivision\DevelopAgr DEVELOPMENT AGREEMENT - 12 • • EXHIBIT A Legal Description Of .Property A parcel of land lying in the SW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of Section 20, T.3N., R.IE., B.M., thence N 00°44'49" E 1327.60 feet to the southwest corner of the N ~/a of the SW 1/4; Thence S 89°49'11" E 1273.08 feet along the south line of the N '/z of the SW 1/4 to the REAL POINT OF BEGINNING of this description; - Thence N 41°53'21" W 263.54 feet to a point; Thence N 40°44'21" W 140.40 feet to a point; Thence N 28°58'20" W 183.69 feet to a point; Thence S 89°56'41" E 57.21 feet to a point; Thence N 29°01'26" W 233.14 feet to a point; Thence S 89°58'11" E 57.20 feet to a point; Thence S 29°01'26" E 252.05 feet to a point; Thence S 89°56'41" E 1407.08 feet to a point; Thence S 39°02'03" W 301.40 feet to a point; Thence S 18°02'03" W 105.00 feet to a point; Thence S 12°06'03" E 117.00 feet to a point on the south line of the N i/a of the SW 1/4; Thence N 89°49'11" W 976.31 feet along the south line of the N 1/2 of the SW 1/4 to the REAL POINT OF BEGINNING of 'this description; Said parcel of land containing 12.797 acres more or less. DEVELOPMENT AGREEMENT - 13 r ~'~' EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval ~, f DEVELOPMENT AGREEMENT - 14 r -~ea co~~ti'~3'YOrc~' r, ` ZD ! ~i~ ~ ~ ~A4 ?~ 39 DEVELOPMENT AGREEMENT MEHI~~~~O ~~ fiFCa~a~~ - R~~u~s~ TY ID(0~2~+82 PARTIES: 1. City of Meridian 2. Frank W. Stoppello/Michelangelo Investments, LLC THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of V~% ~ , ~, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, hereinafter called "DEVELOPER", whose address is 620 W. Hays Street, Boise, Idaho 83702. 1. RECITALS: 1.I WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density DEVELOPMENT AGREEMENT - i • Residential District (R-4), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the .~. public hearings both before the Meridian Planning Sz Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ~ day of N-~~P1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agzeement 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. I O WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the DEVELOPMENT AGREEMENT - 2 planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 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: 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 Frank W. Stoppello/Michelangelo Investments, LLC, whose address is 620 W. Hays Street, Boise, Idaho 83702, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408 B 3, Low Density Residential DEVELOPMENT AGREEMENT - 3 • District (R-4), Meridian City Code which are herein specified as follows: For the construction, use and maintenance of 32 single- family dwellings. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5.1.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5.1.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. DEVELOPMENT AGREEMENT - 4 5.1.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5.1.7 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the -~- scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 5.1.8 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 5.1.9 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5.1.10100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5.1.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa Sz Meridian Irrigation District. 5.1.12Applicant to provide for a common lot to be owned and maintained by the Home Owners Association along the southern boundary of the subdivision from Nine Mile Drain to the easternmost common lot in Sherbrooke Hollows Subdivision, which common lot shall be of sufficient width as required by staff for pedestrian access DEVELOPMENT AGREEMENT - 5 • use. Provided, however, nothing herein shall be construed to require any maintenance by said Homeowners' Association that would otherwise be done by the Nampa SL Meridian Irrigation District as part of its maintenance of the Nine Mile Drain. 5.1.13A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION. AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT - 6 ~... 9. DEFAULT: 9.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" of any \ one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct DEVELOPMENT AGREEMENT - 7 the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFOR1VliANCE: The "City" may,also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". I4. CERTIFICATE OF OCCUPANCY:. The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or DEVELOPMENT AGREEMENT - 8 f 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: Frank W. Stoppello/ Michelangelo Investments, LLC 620 W. Hays Street Boise, Idaho 83702 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person DEVELOPMENT AGREEMENT - 9 ~ r I acquiring an interest in-the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or iportions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is ` held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless. reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 10 ~ r ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: rank W. Stoppello Developer Attest: ~,~,c . CITY OF MERIDIAN Attest: CITY CLERK BY: YOR ROBERT D. CORRIE ~,ttlr,~i±l cl ti it!lttrtr ;. G ~~a~rgT .. .~` ~p ~; ~~:si::.ll - l~~Y ~ , ~~~.~ _ ,.5.;~. DEVELOPMENT AGREEMENT - 11 STATE OF IDAHO COUNTY OF ADA _,,~ f • •~ ., ~~ ~~ ~- ••. ~~ OF•ID ~'..•`~• ~,~ ,~~On this1~.day of i ~ , in the year 2001,.before me, ~~xr.I,r~Vt1 YV~ . ~ Notary Public, personally appeared Frank W. Stoppello ~l _ ,known or identified to me to be the Manager ~ w ~,_ of Michelangelo Investments, LLC, who executed the instrument on behalf of said Michelangelo Investments, LLC, and acknowledge to me having executed the same. .~~~~ M• cy~. ~p ••.....,• . , P ~ ~~ .^.• 1 ~`~ ~ tyOT • ~ ~,'s. AUBL1C r ~.N.••••ai~. ~..F OF ID ~'jj..•.•`' STATE OF IDAHO County of Ada :ss :ss ~.J Notary Public for Idaho Commission expires: 1(-D f j'-2G~(~ r~~hy ~ ~o~~~ ~~~D On this 3jr~ day of ~YI I , in the year 2001, 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. _~,.... (SEA ') Notary i Idaho Commission expires: Q-Z~,'Db msg/Z:\Work\History\M\Meridian\Tarawood Subdivision\DevelopAgr DEVELOPMENT AGREEMENT - 12 • EXHIBIT A Legal Description Of Property A parcel of land lying in the SW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of Section 20, T.3N., R.lE., B.M., thence N 00°44'49" E 1327.60 feet to the southwest corner of the N 1/2 of the SW 1/4; Thence S 89°49'11" E 1273.08 feet along the south line of the N '/z of the SW 1/4 to the REAL POINT OF BEGINNING of this description; Thence N 41°53'21" W 263.54 feet to a point; Thence N 40°44'21" W 140.40 feet to a point; Thence N 28°58'20" W 183.69 feet to a point; Thence S 89°56'41" E 57.21 feet to a point; Thence N 29°01'26" W 233.14 feet to a point; Thence.S 89°58'11" E 57.20 feet to a point; Thence S 29°01'26" E 252.05 feet to a point; Thence S 89°56'41" E 1407.08 feet to a point; Thence S 39°02'03" W 301.40 feet to a point; Thence S 18°02'03" W 105.00 feet to a point; Thence S 12°06'03" E 117.00 feet to a point on the south line of the N 1/2 of the SW 1/4; Thence N 89°49'11" W 976.31 feet along the south line of the N 1/z of the SW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land containing 12.797 acres more or less. DEVELOPMENT AGREEMENT - 13 ~ r EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of AFFroval DEVELOPMENT AGREEMENT-14 ~:J ~ J ~ i~~QQ J CITY OF 1~I~RI~L~~i BEFORE THE MERIDIAN CITY COUNCIL IN THE ivIATTER OF THE APPLICATION OF MICHELr'1I~1GEL0 INVESTMENTS, LLC, THE APPLICATION FOR Ai~INEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION, SOUTH OF LOS- ALAIvIITOS PARK AND NORTH OF SHERBROOI<E HOLLOWS, MERIDIAN, IDAHO Case No. AZ-99-0I5 FINDINGS OF FACT AMID CONCLUSIONS OF LAW A.l~1D DECISION AND ORDER GRANTING APPLICATION FOR Ai~INE~CATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October ~, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Frank Stoppello, and appearing on behalf of the Applicant ..vas Beclcy Bo~vcutt from Briggs Engineering, appeared and testified and appearing in opposition or with concerns were: Clint Riley, Michael DeMayo, Scott Jarvis, Mr. Sutter, having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of La~v, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR Ai~1NEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one ~veelc before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 5; 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3`. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC i ~ } Meridian, and all current zoning neaps thereof, and the Comprehensive Plan of the City of Meridian adopted Deceiilber 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 12.801 acres in size. The property is located south of Los Alamitos Park and north of Sherbrooke Ho1lo~vs Subdivision, Meridian, Idaho. The property is designated as Tarawood Subdivision. 5. The owner of record of the subject property is Michelangelo Investments, LLC, of 620 W. Hays Street, Boise, Idaho. 6. Applicant is owner of record. i . The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. 8. The Applicant requests~the property be zoned as Lo~v Density Residential (R-4). 9. The proposed site of the subject property is located north of Sherbrooke Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 10. The city limits of the City of Meridian are adjacent and abut to the north, south and east of the subject property with Ada. County Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC (R-T) to the west. 1 1. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included ~~zthin the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family dwellings. 14. The Applicant requests zoning of the subject real property as Lo~v Density Residential (R-4)°~vhich is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. I S. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public. if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.1 Any existing irrigation/drainage ditches. crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC Plans ~vilI need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells tnav be used for non-domestic purposes such as landscape irrigation. 15.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 15.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 15.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 15.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 15.7 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. 15.8 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct .the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer tines on the south and west sides of the centerline. 15.9 Water service to this site will be via e;ctensions of existing mains installed in adjacent developments. Applicant shall be responsible to FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC i i construct. the evater mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 15.10 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Worlcs Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 15.11 Applicant indicated that the pressurized irrigation system within this devel~~pment is to be otivned and maintained by the Nampa S: Meridian Irrigation District. 15.12 Adjust adjacent lot line to provide the minimum street frontage, create a 10 foot tivide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association. 15.13 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 15.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits: I5. I S Applicant shall enter into a Development Agreement with the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 16. It is found -that if the developer pays for the requested improvements and complies with the conditions sec forth in these findings of fact no. 15, and all subparts, the economic welfare of the City and its residents and ta.~c and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC i :. - • will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 1 i . It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC requirements of the Zoning ordinance assure chat the processing of such application is the management of gro~~~th with the- aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and .the Zoning ordinances of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses ~~~ithin the Meridian Urban Service Planning Area- submitted in the record of this matter. 20.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 20.4 The application is consistent with Meridian's self identity. 20.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 20.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.5 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR Ai~INE;{ATION AND ZONING/TARAWOOD SUBDIVISION BY: iviICHELANGELO INVESTMENTS, LLC • plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the Lines. CONCLUSIONS OF~ LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page ~ and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • 4.1 To preserve Meridian's enVlronllleIltal quallR' alld to make provisions for and illlprove the total natural environment by adopting City-wide and Urban Service Planning Area ~~ policies, which deal with area-specific policies and programs. 4:2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedLlres governing the use of land, residential development the provision of services and the distribution of r~ew housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insl.Ire that FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • ~ i revenues p<~v for ser<~ices. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Low Density Residential , (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follows: ~R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except Eor 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 ma.~cimum of four (4) dwelling units per acre and requires connection to .the Municipal Water and Sewer systems of the City of Meridian. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, this Section lists the uses allowed in the various zoning districts of the City; that single family dwellings are listed as permitted uses in the Low Density Residential (R- 4) District. 7. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single family dwellings on this parcel of land. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The FINDING5 OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGlTARAWOOD SUBDNISION BY: MICHELANGELO INVESTMENTS, LLC • City of Idaho Falls, 105 Idaho 65, 66~ P2d 107 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 1 1. Section I 1-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject propeny. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FIi\1DINGS OF FACT. AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 12.801 acres to Low Density Residential Zone (R-4) is granted subject to the terms FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: UIICHELANGELO INVESTMENTS, LLC • aild conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 12.801 acres: The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the pro~zsions of the City of Meridian Resolution No. 155. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. The City Attorney is directed to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements with the following special terms .and conditions related to this application to-wit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in 'this project, shall be tiled per City Ordinance 11-9-605.NI. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 3.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARA4VOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • 3.6 Indicate on the final plat map and FEMA"Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 3.7 .Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one wzelc prior to the hearing by the Meridian City Council. 3.8 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3.9 Water service to this site will be via extensions of existing mains installed'in adjacent developments. Applicant shall be responsible to construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs~Department. 3.10 100-watt, high-pressure sodium streetlights will be required at locations designated by the ,Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections' and/or fire hydrants. 3.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 3.12 Adjust adjacent lot line to provide. the minimum street frontage, create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block I. These lots are to be owned and maintained by the Home Owners Association. 3.13 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for FINDINGS OF FACT AND CONCLUSIONS OF~ LAW -Page 14 A.ND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC r1 i revietiv and approval ~~rith the submittal of the final plat chap. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 3.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. 3.15 Applicant shall enter into a Development Agreement with the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential (§ 11-2-408 B 3 of the Revised and Compiled Ordinances of the City of Meridian) which Ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and oning maps as provided. in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of 'the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC - -f.. ... ~~ /.~. \~,~. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by; the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ~, By action of the City Council at its regular meeting held on the '~ ~ day of ~v~~ ~~ , 1999. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE VOTEDg~- VOTED VOTED Ira Q VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR A1~INEXATION AND ZONINGlI-ARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC _ _ _ ___ _ ~.. ; ~~ a . RED RgEO~`- ~ES F `~ ~- ;- ;~~ CfilEtfTY RECQROER r7~:~~~. F~~r{pan FEE ~ DEPUTY 2D~1~~-5 P~ ~=22 ~~I0I03I409 ~_ -, CITY OF MERIDIAN ,..ORDINANCE NO. ~~~~1`6 ~. AN ORDINANCE FINDING 6THAT CERTAIN LAND TO BE KNOWN AS CTA I2AyVbOD ~SL'JBDNISION 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 FORANNEXATION 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 CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED~COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX,COMMISSION OF THE STATE OF IDAHO,, PURSUANT ,,, TO IDAHO CODE SECTION 50-223 AND SECTION 63y-2215. BE.IT .ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA,'STATE OE IDAHO: ~'~' ~ ~ ,r SECTION 1. FINDINGS: That the following described land is contiguous and . _ w 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 par'cel'' of land° lying in the- SW "sl/4 of'Section 20, Township 3 North, Range 1 . East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as ' ! c y Y . 1 :follows: ~ ~ uQ ~ , p ..., Commencing at the`southwest cone`of Section-20, T:3N.; R.IE. B.M., thence N ~~ : ~ ,~ 00°44'49" E 1327.60 feet to the southwest corner of the N'/z of the SW 1/4; .w Thence.S 89°49'11" E 1.273.08 feet along thesouth line of the N 1/z of the SW 1/4 to the REAL POINT OF BEGINNING of this description; ~ ~- 3 Thence N 41°53'21" W 263.54 feet to a point; Thence N 40°44'21" W 140.40 feet to a point; ~: ANNEXATION AND ZONING- ORDINANCE (AZ - 99 - 015) - 1 ~. .,-, ,. ,.~ : t. • • --. Thence N 28°58'20" W 183.69 feet to a point; Thence 589°56'41" E 57.21 feet to a point; Thence N 29°01'26" W 233.14 feet to a point; Thence S 89°58'1 I" E 57.20 feet to a point; Thence S 29°01'26" E 252.05 feet to a point; Thence S 89°56'41" E 1407.08 feet to a point; Thence S 39°02'03" W 301.40 feet to a point; Thence S 18°02'03" W 105.00 feet to a point; Thence S 12°06'03" E 117.00 feet to a point on the south line of the N'/z of the SW 1/4; Thence N 89°49'11" W 976.31 feet along the south line of the N 1/2 of the SW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land containing 12.797 acres more or less. 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. ANNEXATION AND ZONING ORDINANCE {AZ-99-OI5) - 2 ... .. _. ~ ... ... ,. .. r ,.,.:. .. ... ., • SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and. conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land , described in Section 1 dated the ~~~ day of 2da 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 Iaw. SECTION 8: The Clerk 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, alI in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ-99-015) - 3 p. ~,~ey ~.~-`~."e. _.~.~y~~jlF~~.V y~'_.w !'k~m3'~L'?~~?'d',~S`; t[ ~5:=fr~"~'~96~,y~:+~~A~~~ 13.,-~ ``*~'+" ~w.r tr,. ~... tea... .. .. - •~s_ ,.er .. +, f ~~ PASSED_BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ "' day of 2001. , APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this .~ ~ ;J `" day of 2001. OR ATTE T: L CITY CLERIC STATE OF IDAHO,) County of Ada. . ss. tYll'n4I47tt![fltftf 'S! ~, ~~AL _~ "~ ~~ ~ 'v ;, ~ ~`.. On this .'~J `= day of ~.Q~ , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G.' BERG, JR:, known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNES S WHEREOF, I have hereunto set. my hand and affixed my official seal the day and year first above written. ••es~~~~e ~~ ~~a (SEAT') •~~ ~ ~a: a O ~a ~' O oos~'OFII3~•° •e~w~•• NOTARY UB C OR IDAHO RESIDING ~ ~ td MY COMMISSION EXPIRES: msgiZ:lWorkUiistory\M\Meridian\Tarawood SubdivisionWZ.ORD ANNEXATION AND ZONING ORDINANCE (AZ-99-015) - 4 March 30, 2001 AZ 99-015 MERIDIAN CITY COUNCIL MEETING April 3, 2001 APPLICANT Michaelangelo Investments, LLC ITEM NO. 3- REQUEST Development Agreement -annexation and zoning of 12.801 acres for Tarawood Subdivision -- south of Los Alamitos Park and north of Sherbrooke Hollows AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached signed Development Agreement W" ~ a .~- GS ~7N~~ w ~"~~r ~~ i~ ~ (N~ ~1"O OTHER: Contacted: ~ ~~- ~~~ (`~ Date: Phone: 3y Ll -9-(~(~ Materials presented at public meetings shall become property of the City of Meridian. ~ ~ ~' ~' STOPPELLO & HISER ATTORNEYS AND COUNSELORS AT LAW 620 WEST HAYS STREET BOISE, IDAHO 83702 FRANK W. STOPPELLO TELEPHONE (20S) 336-1020 JERRY A. HISER FACSIMILE (208) 336-1027 March 22, 2001 TRANSMITTED VIA FACSIMILE TO (208) 888-6854 AND SENT BY MAIL Shari Stiles Planning Director/Zoning Administrator Meridian Planning & Zoning 200 E. Carlton Avenue, Suite 201 Meridian, ID 83642 Re: Tarawood Subdivision Dear Shari: I realize the Development Agreement should have been executed sometime in 1999, but there have been some changes and agreements between myself and the City since that time such as the fact the Ridenbaugh Canal and Nine Mile Drain cannot be .tiled and are not required to be tiled by the City. In addition, ..Section 5.1.12 on page ,5 of the Development Agreement should be changed to reflect the agreement between myself and the City which is contained in note 11 of the final Plat as follows: "Lot 2, Block 1, Lot 1, Block 3, and Lot 9, Block 3 are open space lots to be owned by the Tarawood Homeowner's Association or its assigns. Lot 2, Block 1 and Lot 1, Block 3 are used as drainage lots and are covered by a blanket easement in favor of the Nampa & Meridian Irrigation District for maintenance of the Nine Mile Drain. Lot 9, Block 3 is used for the Ridenbaugh Canal and is covered by a blanket easement in favor of Nampa & Meridian Irrigation District for the maintenance of the Ridenbaugh Canal. The lots are to be left in a natural state maintained by the Nampa & Meridian Irrigation District. Their future use may be as pedestrian access lots in the event all interested parties agree in writing to the pedestrian use." Shari Stiles March 22, 2001 Page Two I have made this change to section 5.1.12 on page 5 of the Development Agreement; signed the Agreement; and am enclosing the same for your review. If this meets with your approval, please have the City execute the same and annex the subdivision as soon as possible. Thank you for your assistance. Sincerely, ~ "!./ R Frank W. Stoppello Attorney at Law FWS:dc Enclosure cc: Richard Cook Briggs Engineering, Inc. Mar-21'-OT 15.r 27* ~ 'P .'02 ik-~.;.7LL3~ta~; i"vt~k~*~ r}~?,,~ p f.;~',.tr~~L"7 "'t ~`' ~" p~ ~! ~{ ~• +)Ci '°`s9,x ~, ' ',t ~s+4}~Fx 'u n.€'".tb~. gd~x ~~q~~.x ~`J4~ri~t a~~' ~ ~~ Y~ f , ~~k9ly!it rl'a:a'ral n ~~ i~~f~, 1~.~~ .r a. :1.~~E~u.$'+!~.f 'ttr~if~ i~ `lt 5:. rr'~~.,t?t: ~~,. ~'~.?'.1. i 'a i+ €"~ ':. ,;.5 ~°~d~~ w S`l'd is ~'1 ~L ~~h,~ ~.,.'~;,~I"'~`~~~ ,cif ~,,4 '} p}, `,~, ~+; a. ,,~+.~~ - + A~•^ T~es.~~ t~'31~ ,~'. +La`"4r3~"1+''£,~ ~ r f t .~,~{l)EVELOPMEN'h°AC;~REEMEN'1'1 PAIt'!'1E5: i'..zt (:iiy.i~t Nlrrdi~itlxrt #'.X' e,~~ rr-~r'l,~:~.al$~'. ~tzW t - !ti'ts^~t~~t 2. Frank;"W.A'.Stu~~prllcy~IN[iclielaigrl~°'lnvgest~.mcrii"~ ~ I~LC e"~~.Eyt `e s~,.~""1,~~.. ~~''j ;,~i ~+~t'.C ~~.."'. ~:~,.~' ±~,.~~s :`~'+~: Ell ~gpi.:z., f+: 1$a~x p~'' t ~'..f6Y k S4 . ~i.~.w , ~ ,~~.3~ }~ ~1 .. .sy _e'k.1 e ` F ~i~t 'JJ ! '. ~ .!4~ 4 • * ~l~~im T~ A~'. A THiS llEVECt)PMP.IVT~I~GItEEMENT~{this'}"Afii•erllleitt~)~i's znacie and entered into tllis~` i~ayf ~ `"~' ' 'tt ,~ afl' ; by atici~ °n+ brtween CITY (~F Mk;.1tlU111Nc`a` ntilii:iliil `iiir~uatic~nxi`>f~~tlic St:atc ',f ld~thu, hrrealtcr called "C:I"('Y", and FItl1NK W. STt~I't'la.[.t:)/MIC;HELANC~L•LC) INVF.S'!'ME.N'I'S, LLC;, 1t~crciiiaftrr''cailyd~"DEVELUP.ER"~ ~vt-iar ticidre5~zis~~' fi2~ W. 1-Kays Street ~;g«isc;'Ida(ta!$'37(.)Z.(~' ~~c~tr;~ .°~~ 3":r~ : ;,E#tt ~_ i.,,..~,~*.r' t~ ~r cf_` .1't} titS'_~ ' iroat3ia r s`~,.a~~~.N"~, R i' t.~t'? fits t"`Atr#± ,'t ~. ~~l•t 1 . 1ttECIT~CI:S~°~'4`t-*' ,~ ~;~ C&"* r"d'~'# ra4. L~"~1., ~'tl"~'`I .,t"'' .nr'~, "`7~1 iRrr `~ ! ''% i- c^t ;#'C".~1 F'l i~a~~. t,a"1"~I ~~~r"t 9d';~`~'~" ~ [~1 .'~ (c~'t,- I.1 WHIr1ZEA5~, "I)e~~elcz(~cr" is the sole owner, iIi law alld/c~r equity, of ccrt.zin t r~icr oaf l~~nci in tlir Cvuzuy v>;~ Ada, State 1 `~ c,f [~lallv~~irlesr'ribed~ir`i~E%liibii%1;'wluclt`is~aiattr `tirr'et( and•~byeth zs rr~frrerrc•e- ~ncvrpvr~ttrd~hereln as,if,set fdrt{h till bill, herein after rcfcrrcd5 t.~-as ~ t hc~ f'ro~ierty ; .~lul" a ., ~ . 1.1 WHEREAS, I.t:. ~(i7-6SI 111, Idaho, t'nd~~, hr~widc's that t ~~ '^ ~. ~~° ~s ~. j ~..~ r $~ 3 " : 'et." r t i tx ~. ~^ ,~ .t t ~ +; .°'r~-.- 1 ~ _ t. ~ 1..., •.~.,, Cltres ITlay, by ordinance, regLlire ar'l~crmrt ~s a cnnditrnn +.l...~ Y+ ... ..! tYo 'tK,. +~'~ 'T`'`,"1'~. l':"ii.R T t. ~;4`'G rr1.:.,#.. ~i k'~'~ t-., ~~. of rc-zoning that~`thc nwncr nr Dcvchhcr in~~kc~ a v~irittt'rt i ~ t ' rF.r, ~ !t to-~3~; ~.°s~ta#'°~~r,' ;tai: ! '~t~d , .. s1~' 'e,'!" ." . cc~mznitmciit. cc~nccrning;t he use nr dc~~chpincnt of ~ lie stibJect I rapercy ; aid' ~:A~~~`~ WH~ilt.~~~~~''t.~ty'~hc~:~'CXt'rl-1JCl~ lt1`1ti~tUti/v E'~` ~s~s,4,:f. a{tt,,. AS, ' ~ N authimty Gv + !'r"' ~!i"1~'St.!'. ",. F.. eec .~,+.~+ ~..,,,r '4~e ,~--rv r-'+~'.'y',.x. . i°'r?~_..tr• #'Ra'X.' thc`cnactincnt. of ()rdinancc t 1-2-41f,t and 1`1 2-~I;17T7, ~$~`e_,~y~,~ .. , ~~ ~#ti°"''~1 ifi~i.4i'C~lt 4.'i30#. r ~;:~ tt`~~' fir. rn~t?. wtiirll ~lut}iUrirrs clrwrlc,j,rirr.rit •agrc~c~rn~:rits u~x,9il t.ht. ~.g ~rr~ r 4 ~ ~ F#; r . -z, fi '° r ~ 1'sa` ! a:a 13,'4 ie,~Sf ~..~ )laitr3~~t'~°t anrtexaticirl ;tnd rnnin~ cif land; quid , : r ,_ d,t ~ ~~dkr ~~. ~ ,..~i... °.o.~i Kai . -~a ~~+~ S,'a a, "e~° ac~.Z~ti~~rl S}... "B~,S ~% ~xll~i Y~5 2'.., a,..3 f.« t ~s+~'~L~i.a. ~i..4..: r --_I j~. -,d~~:_ '~ ~ y a~`t,'~;#°a~„ l.~ 'VVITEREAS, ncvclaper has subinittrd~t n al>l~li~i~~~an lcrr ~x ~~.,~_~ x f ~ t'~; ~,- etc« ~inric.~~ugn~aci~i*zuz~#r!~ c,f ttic.~inrc~l~c~tv:4~s• described yin l~xhil)it A: and liar requested"a d~si~;rt'~tioii cif Law Density + `° f e 1.,,`~,.F'' fig- , srP-. 1.. ~~- , I)F.VF,LOPML'N'i``AC.~kFF.MENT - 1 ~~- ~ t--- MAR-21=2001 1152 97i P. 02 Mar-21-O1 15228 ,, . .. ._ ~ ,.m ..~~.._ _ ~ ~.-___T-__ -~ .,....-, P_03 ....... Residential I7isrrict (lt-4), (Ml.tnlclf)al ~:otif' of thy, t~ity of Mcridia)t}; and 1.5 W-HE'1tEAS, "Dcvchl)t'r;' IIIaidC IC~)rC5CI1t3t1Clttl.~lt~the ~public'llearings'brnll~before-the Meridian Plazinitig'~~`` LUriin~~t:c)nuniss(~n and betore.thc'Mcridiirn'C:it~r CUCiiicil, as to lw~v the stihjcci "Prcipertj~" will be dc~rcl~pcd alul what iluprovements'will'he t~ade'and}lg.~' ~ "~' ~}' ~.`t Y ~»~ t~ ~. 1.Ei W~~1vl:~.A,S, rrcc)rd c)f lhc. ~)roceediltgs ft)r rile rcgticstcci annczat.iiI~ aiul,zoning;°dcsigtlat.icln,c,fjtl(r sutijrrt° ;~ f ' ~ ~ "1'rc)pcrty" hclcl before ttlr I'lanlling & 7.onin}; C:aminissicln, and stlb~eyuently beCc~rc the C'.ity C:uu„cil, '~ iltrltlde res'panscs ~f govcrnltlelit sul~divisic)ns prc,viditlg ' - 1ernCCS 1~'Ithill:l.hl~ Csily of Meritlialt.~)laIlI17.I1~ jur1St11Ctt0`n, and rc~civcd fiirth~~r te~titltulty anti comnlcnt; and ~. ~ a ~' f ' ~{ ~ ~~ t 9 p '» t~ 1.7 WYYEREAS City t~c~u11ci1, the ~ .n `day c)f ~ , l.c~9c~, ~. ~ ~ ..has approved ccrt.ain-findings ~f~l~act and (:'uiulusi~Ils•'i)f LaK~-anti Decision and C)rdcr, spa firth iI~ Fxhif.,it ki, which are attarltrd llrreto and by this reference inc()rporatcd hcxcin as if sct.foztl~ iti full, ltrcriitaftrr irterreti~to as {the, "rindillp~s"), an~i .; `., -x ~' ~ ~ ` ~`~ ~ .. 1 _K WHERI/AS, the "killtliitl;s" recluire'tlie "llrvelu}~rr"'ettter irit0 a dtveloptneltt.afireelliellt.before the City Cotini`i14 ~. talces final ~iCt1UIt UIl altIlex~itlUIl and ZUIllIlI; dCSlgn~i[lt)n; .111(1 ' t ~ , 1.9 "DEVELOPER" decnls.it tc~ be'iiz its-lestvinteres tc~`be able.to enter.intU t11is°A},*reentrttf~aiiti arlcnt~wled~es that ibis Agreement was enteretl~intu`vulttitarily aiul at its urging anti rrtluests; and 1.1U WHEREAS, `'C:ity" rec uiresihc~ " 1')cvclnijcr'; t.a enter into a'developm~~nt agrccmcilt°wfcir the purpose ot•'elisurin}; thai the "Property" is clevrlc,l,rcl~ :iiid t.h~ subscgcicnt use of rile "Property" is in accvrdaltce with the tcrnls and conditions c)f this developllteltt agrt~cll~cne, herein being established as r ,4 a result of evidcn~c received by.t'i~r "C:it.y" in the proceedings fnr annexation and tuning designation frrnn };overnmcln stibciivisivits providin~!service•,wit.hill ttic ~" f ~ ? "` ~ . ~ k L}LVLI.C)P'NF,VT AGKLI~.MF.T~T- 2 MAR-~1-2©01 11 53 96f P.@3 to _ ~ ~+ ' s .. r - _ A, ' ~.~Mar-Z1-O1 15:28 planning jliriaciiction a11C1 from affcctcd property clwtirr5 and to rnsur~: ant~r~ttion.an~i roiling design:+tic~ri is in accc~rdattlcr with t h~~ C;umprellcnsive flan ~>[ t.hr. City ~f Meridian adapt.cd T}eceizlbrr Z 1, 19y3, C?rciinanct~ #~~l9, jallllary 4, 1994, anCi the ZgnIng atld i_)eveiQpmcitl. Ordinance codified in ".t'itle 11, Mu~licipal (:ocie~nf the City cif Mlrridian. ' NUW, TT-II:IZEFURE, fn consi~-ier~}ti~~zt ~f the eavcn:~t1c~ actci ccmdit intls set iurth herein, t he parties agzre as follows: 2. LNCORPURATIC)N 4H RECITALS: That the abwr recitals- arc contractual arul bindint; atlci ;trc' ictcurftorated herein as if set forth in fitli. 3. llEF1NITIONS: Eor all purposes of this /lgrccnl~~tlt t}te fn(lt,wini; wurcis, trans, and l~hrzsrs herein ruirtailled in this sci:t ion shall be dcfinc~i :irlci inter}~reteci as herein prnvidc_d fc,r, utlless the rlrar context. ~f t he l~resent.~t i(n (~t the sartlr rrgttires c)thcrivisc_: :3.1 "CITY": means and refers t~ the t,ity of Meridian, ~! party to this A~neement, which is a tl~linicil~al Ct~rE?oration and govrnutietlt subdivision of t.hc st.at.c of Idah~~, ()r~~1t1i red acid existiit~; by virtue of law of the State of Idaho, whose address is '3:3 East Idallu .Avenue, Meridian, Idaho 83f~42. 3.2 "DEVELnI'IrR": nu~anti atul r~ferti to l;rattk W. Stopprllo/Micl~clangclcl Invcst.nlcnts, tLC:, whcts~~ a(idr~~s, is GZU 1N- Hays Street, Boise, Idaho 83742, the harry developing said "Yroprrty" and shall include' any subsequent o>~~nrr(s)/developer(s) ()f the "Prc)prrty". 3.3 "PROPERTY": means and refers t~ that rertaitl E~arcrl(s) of "Property" loritrd.in the County of .A~ia, City cif Mr-ridian as drsrribrd in };xhibit. "A", att.~citcd hereto and Uy this `referetlcc incclrlx~ratcd hcrcin as if scat. forth at lcngt h. 4. USES PERMITTED BY THIS AGREEMENT: ~~ 4.1 rl'hC ltsCS allowed 1)t1rSUant [() th1J .f~~;reet11Ci1t 3rC hilly tliuse uses ;ttlrnved under "City"'s 7..ctning Ordinance c:~ciified at Section 1. i-2-4i)H B 3, Low llrtlsity Residential P.04 ~j t~ t)l~.vl:LL}PViL•v'1' Ac;ttt~HMENT - 3 MAR-21-2001- 11 53 `-~~ P•~~ Mar-21-O1 15:28 ~ P.05 Uiscricl (R-4), Meridian -City .Code which are herein specified as f~!)c,~vs: Fur the a~nst.ri.ict.iecn, use and maintt'nalice of 32 single- facttiily dwellings. X1.2 No change in the uscs`specitied in this ngrt~elneltt shall he . ~tllvwed tvithoilt modification nl~ this A};rerllieltt. S. CONDYTCUNS GUVERNIN('. lei-;VELUPMENI' t~l= S l1 B j IuC:T PRUPERT'Y: 5.1 "F~evcli~her" shiill develop the "Prahcrty" iti accordance with the fnIl~~~ing special conditions: S.l.l Any ea~st.ing irrigatic)ct/drainage ditrhes crossing the property u> be inctiid~~ci in this projert, shall be tiled per City Ordinance ! 1-~l-finS.M. Plans wilt ileerl to be appruved•by the apprn~niat.c irrigaliorUc~lraicui~;r district, cir late.r.~l users association, 1.Vllll WrlttCn cQnllrlllatiilrl Uf s3i(i approval submitted to the Public Works I~e~partmelu. No variallccs h,~ive been requested fur tilili}; of any diuhes crc~ssin~y this project. 5.1.2 My existing dnmcsti~: wells and/or s~,htic- sy,tc~ms within this project will have to be removed from their di~mesti~: service per~City t~rciinalice Secxioii S-7•S 17 Wells may be us~:d fnr noct-dc,cnrsl is piirp~scs such as landsc:ape irrigat inn. S.l.:i Provide S' wide sidewalks in accardazlre with C_:ity Qrdinance Sr-ctic)n 11-~>-C~(?b.13. 5.1.4 Submit letter co the Ada County Street Nalnr CucncY~ittre,` ap}~rovirt}; the.subdivisi~n .end str~:et names Makc any c~rrcct.inns ncccssarv to cc~nf~~nn. Dl;.V1;LUPMF.N'C J\CiRLL'ML'NT - 4 MAR-21-2001 11 54 97i P.05 5.1.5 C~ordinatc~ fire hydrant placement with tZir City cif Meridian Public Works llepartcnent..~ 5.1.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5.1.7. Respond in writing, to each of the comments contained in the memorandum of staff by noon the day°of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat- Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian.. City Council. 5.1.8 Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development.. Subdivision designer to coordinate-main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep-the sewer lines on the south and west sides of the centerline. 5.1.9- Water service to this site will. be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5.1.10 100-watt, high pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5.1.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 5.1.12 Lot 2, Block 1, Lot 1, Block 3, and Lot 9, Block 3 are open space lots to be owned by the Tarawood Homeowner's Association or its. assigns. Lot 2, Block 1 and Lot 1, Block 3 are used as drainage lots and are covered by a blanket easement in favor of the Nampa & Meridian Irrigation District for maintenance of the Nine Mile Drain. Lot 9, Block 3 is used for the Ridenbaugh Canal and is covered by a blanket easement in favor of Nampa & Meridian Irrigation District for the maintenance of the Ridenbaugh Canal. The lots are to be left in a natural state 'maintained by the Nampa & Meridian Irrigation District. Their future use may be as pedestrian access lots in the event all interested parties-agree in writing to the pedestrian use. DEVELOPMENT AGREEMENT - 5 Mar-21-O1 15:29 5.1.I 3n detailed landscape..plantor t.hc corttutvn areas, including fencing locar ions, _patliways :~nc1 types of canst ruction, shall be submitted ft~c review and approval with ~..he submittal nC the final plat map. A letter uC credit. t?r rash surety will be rcgtaiiec! for the irnproverltents prior t~ si};nature on the. final plat. ti. (.'OM~I'LIANCE PERIOt7/ CONSENT TO RE7.(?NE: 'Phis ~lgrccmcnt and tlir culltmitmcnts c~ntairted Herein shall be tcrr-ninateci, alai the zanirlg dcsiRt~,itivli reversed, upon a ei~~fatilt of the "Devclc~l~~cr" or "l~cvelol?er"'s heirs, succcssc~rs, assifii~s, to cvntply wish Sc~:ti~i~ (~ erititleci "C:c.,nditiuli~ (:Yuveniing nevelapmcnt of subjee~t "1'rvperty" of this agrccmetu` within t~vu (2) yeah of t.hc date this Agreellleltt is ettrctive, and. after the "Ci~yw' ll:is rim~l~liect with the notice and hearing l~rr,c~rciures as ~nttlined in l.C:. § ti7-(i~()~I, or any subsequent antertdlnents ur rea~dificatians tl-e.rcc,f. 7., CONSENT TO DE-ANNEXATYON AIVU ILEV)E:1~SAL OF LONINC~ DESIC:NATION: "l~cvelc~l~cr" consents tipc~n cie£ault to the cie-xluie:~itivli alld/vr a .revertial of the zoiung designation c,t the "I~ri~pe.rty" subject tv alai rottditivned upon the.,. fallowing ronditivns precedent. t:o-wil: 7. l ".Clint the "C:ity" prvvicie.writtelt leafier. af' alit' t~iilure to ront}~ly with this Agreement to "I_)evelol~er" aru~i if the - " l)evetoper" tails to curt' such failure within six (fi) months of such notice. ti. 1NS1'~C'1'tON: "I_)cwclopcr" shall, immcdiat.cly upon a~mpletian at' aIIV ~CiIt1UIl UT the elltirety llf Sald devC101)Il1CIll Of'Lhe "Property" as required b1- this agreement car by City orclinartice ear policy, nneii'y the City Engineer and reyurst the City Hzt)~inr~t~r's inspections and written approval of such rvm}~leted itiiprc~vrrnents ear l}art.inn thereof in arrardartire with the tr~rttt, and roltclit:iutls of this 17cvclnpmcnt el~*reentrlit and all other ordinances c>f the "Crity" that al.~ply to saki Development. 9. nEFAULT; N. I In the event "1_)eveh ~cr", "Developer"'s heirs, succe~si-r., ! assigTis, ifr subsequent vwriers of the "Praperry" nr any other person act~uiring an interest. in the "Prapert.y", fail tv P.07 FI U1sVF.LOPML'N'1 At;REEMLN l' - G ,, MAR-21-2001 11 54 97i P.07 Mar-21-O1 15:29 ~ ` • faithfully comply with all of the trrllts and cnnditititls included in this A~~reemcnt: iIl cortrtectic)n ~vit.h the "1'ropert.y", this.A,grerrnent. may br. Iltuc{ified yr t~,r:)tinated ~y the "C;ity" upon cvlnpliance with tltr. re~.luireln~-nts r.,f ttte ZuninK Ordin.~llce. ~~.~ n waiver ~,y "City.' <)f any default tiiy "Uevelopcr" c,f :~IIj' one ~r melee ~f tttr covenants c)r rnnditi~Its ltr.rrof shall apply snlcly to the breach aitel breaches ~vaiv~:d alld shall nut bar ally other ri};hts or remedies c)! "C'ity" or apply w any sttbscgz.I~-nt breach of ally such czr nl.hcr cc~vc~1lants altci canditians. lt). RECZ~UIRlrM1EN'Y' FOR RECORDATION: "(-:ity"'shall record rittter a Inrmarandunl of this Agret~Itlettt or this A~~eement, inrludinR all of t h~: txltibits, at "llevelc)per"'s case, and strhrnit proof of such rrrurding te) "llrvrlc)~zer", prior t.n the-third madiltg of the MrridianLoning Urdinancc in t:Ont1Ct:LlnI1 ~Vlth L111' .'ltltl~'X:ttiUll a1lCtLUIt1Itly Vt t11C "t'roperty" by the C;ity (~atincil. !f for any reasolt aftrr~sticli rrcordati~n, the City C;otlncil f~iis u) adopt. t.hc. ordinance in cnnncc.tion with the annexation allc~ zoltin~; of.thr. "1'rvprrty" rc)ntrmplated hereby, t.hc "C;ity" shall execute and rcrnrc~ an :tY~}~rt~priatr instrtltrirltt of release. of this A.~;rrr-mart. 1 1. • 7.nNrNG: "C.ity" shall, following rc~cord.~tic~n of ;he duly ahhrwcd Agrce:nle:nt , enact a valid and binding ~rdillallcc zoning the "1'rctperty" as sllccificd herein. 12. REMEDIES: This Agreement shall be rnforceabl~~ in airy rvurt of wutpetertt' jurisdictirni by either "C;ity" c)r "Developer", or by arty sucress~;r t,r Stircess~rs in''tit{e Ar by the assigns of the parties Itrretc). Enfl~rc:cntent. nt3v be sought by an appropriate actlUIt~at 1:iW c)r in t~c~uity in settler t.11c sperifir perfc)rlnaltcr of the covenants, agrcc~tllcnls, rc)nditions, :Ind vbli~;atwlts ccnuained herein. 12. I In t.hc event of a Inatrrial breach ~f this Agreement, the parties aKree that-"City" and "I~cvek)per" 5:hall llavr. thirt.y~ (3t)) days. after delivery of notice. cif said breach to rvzrrrt tI1R~ same prior to the Itvn-breaching party s serkang of ally remedy prvvicleci fc,r herein; }~rvvidrd, hc~w~:ver, that in the. case of any such det~iult whit:h cannot with dili};~~n~:e be rurcd within stu~h tltirt:y (3U} day peri~~d, iI the tirtatilting party sltal! catn111er1er. try cure the same within such thirty P_08 DEVL•'L(7PMR\'T ArREEMEN"r' - 7 MAR-21-2001 11 55 97i P.08 Mar-21-O1 15:29 k (3(?) day Ieriotl ~utd tlercaftcr shall prusecut.c the rt,riiig of same with dilil;enrr and continuity, then t.hc time allrnved to cure such failt,re tnay be cxt.cnded fur such period ai tttay be necessary tc~ cuutplete the tracing c)f the game with c~ili};ritre and rnntinuity. 12.2 In the cv~,,lt the performance of any covena,-t to br perfcumed hereunder by either "l~rvelnrer" r)r "City" is delayed fur causes which arc hcyand ;the reasonable control t~f tllt-. Marty rrspansiblc for such prrfor,nanre, which shall include, WithUllt 111ItItatlUrl, acts of civil disobedience, strikes or si,nilar ~.auses, the time fnr such pcrforntancc shall br extended by the amount: 01' t irz,r. ~crf suifi del~iy. 13. SURETY OF PERFnRMANCIr: 'l'hr "City" may also require surety lxulds, irrcvocahlc let tees crfcredit, rash deposits, rrrtitif~d check ar ,tcgotiabl~: bonds, as allowrcl under §.l1-5-3 0! filar Meridian City'C;odr, to insure that. installation. of the izxtprovenients, tvhictt the "~}eveL~prr" agrees to provide, if required Uy tltr "City". l4. CERTYFYC.ATE OF°OCCUFANCY: The "Dcvdapcr" at;rccs that no C:ertiticates of Urcupancy will be issued t,rrtil all iinprr)vetrre>>ts are cutxtpletrd, unless the "C.ity" and.. "l~~~vclopcr" have cntcrrd int~~ an addendum a},ureiuettt stating when the iml~rovemcnts will be°cocnplct.ed in a phased drveluprtl; anti in any event, no Ccrt ificat.es of C)ccttpancy shall be issued in any phase itt wllirlt the impmveme,tt.s have not. been installed, contpleteci, ~utd accepted by the "City". 1.5. ABIDC BY ALL CITY URL7.lNANCIS: That. "T)cvclapcr" agrees to abide by all ordinances of the City of Meridian and the "1'ruperty" shall lie suhj~~ct to de•annrx~ttiurt if the Owner ~r his assigns, heirs, ur st.,ccessc-rs shall not meet the rvatditio,ts contained in the Findinfis of 1=act and rc-nc.lusic~ns of,Law, this llevelopmcnt. Agreement, and the C}rdinances of the City of Meridian. 1 b. NU'I'1ChS: Any notice desired by the parties ancUur rerluircd by this Alreej„ent shall be deemed tlrlivc~rcd if and whin persc~ttall}- delivered c,r truer. ('3) days after deposit. in't.he United State°+ Mail, rel,~isterrcl ire cert.ificd cn.~ii, lx~sta};r prrpaici, return receipt. rc~c~ucsted, adcirrssed as follows: P.09 DEVL'l.c7PwtEN'1 Ac:~RFEML•'N't' - R fM1AR-21-2001 1155 96! P . 09 c Mar-21-O1 15:29 • i a CITY: nEV1/LOPF1~: C/q {:iiy Ltl~;inerr Frank W. Stoppello/ (city of~ Meridian Michelang~,lo Investutents, LLC: 33 E. Icialur nvc. G20 W. I Iav+ Street Mericiiaii, iU 83fi42~ 13uise, Idalu) 83702 with ropy ter: City Clerk (~'ity of Meridian :.i3 k;. ldahu Ave. MeriCliart, II_) H:3ti4~ 1 f~. I A party shall have t11c right t.o change its aiidress ley d~-livcring t.o tiic n-.hcr party a writ ten not ilicat.inn Lhcrcaf in .~ccordancc with ehe requirements of t.hi~: section. l 7, ATTORNEY FEES: Should any lit.igaticin he cc)mmrnred hct:~vccn the parties herew concernin}; this A~reenrent, the I~re~~:iilirtg part v shall be entitled, in addition to airy uth~r relief as may he granted, to court. cults and reascrnatrlr attrrrney's t~'.t's as del.ermined by a Court of contpetrrtt jurisciictioi-. '1'1-is provision shall be deemed to be a separate cuiitr~ict t1~tw~~Crt the parties and shall survive any default., t.crmination ur furfriture of this A~;rrrritent . 1 ~3. =T1MF 1S `OF TIIE ESSENCE: "Ilse parties hcrct:~ acluluwled~;e and a~,zrr. that time is strictly of the essrrue with respect to cacti acid every trrrn, cc-rndition and provision heret~t, ane~ that the failure to tinrrly perform any of tltc c)blit~ativits hereunder shall constitute a E~rearll of ar.d a defatrlt t-ndcr this A~'reeiiteitt by tht~ other party Sv tailing to pcrii)rm. ly. B1NllING UPQN SUCCESSORS: This flgnertrteitt shall be bindiitl; upon and inure to the heneCit of the p:trtics' respective heirs, surces~c-,rs, assigms anti-personal represrY-tatives, includiii~; "City"'s corporate authorities and their sxiccessors iii uftic.e. This AKreCit-ent shall he bir-dit~}; ~?il t.h~~ owner crf the "Property", each subsryuer,r c~wncr and atiy c,tlter person acquiring an interest in tl~c "Property". Nathirii; t-erein shall in any way l~rcvcnt sale err :;licnation ut the "Property", or portionti tllcrcoi, exrelrt that :iny sale ur ,~licnativit shall he subject to the provisions herrcrf and any successor owner or owners shall be l7oth benefitt.ed and Gcit.tnd by the conditions and restrictions 1-erc~in expressed. "C:ity" agrees, tipi~n written P_10 DL•'Yt?T.OPML•'NT AGRL>i~uE1~iT - `) 'MAR-21-2@@1 11=56 96% P. 1@ Mar-Z1-O1 15:.30 j • k rt~c]iiest' c-f "urvelUper", to>execut:e al~pmpriatc~ and rerurdable evidence of tcrmirtation ~f this A~,~reelierit if "C:ity", in its sole and r~:ason;tl~le disc:retiun, had determined that "l7(~vt~lc,per" has hilly performed its obligations undc'rtltiy Agreentenr. 2C). iNYALII~ i'tiOV[SiQN: if any prUVisi~}r, ut this .A.i,~reement is llcld not. valid by a court of rc,mpett'nt jurisdiction, such l:~ri,visic~it sh~i11 be dccmc~d t.n he cxc.iscd fmm this Aprc;,m~~ttt and thc.invalidit.y tf~~crcoi'shalt not. affect any of tha nthcr provisi<ns cont.aincd herein. 21. FINAL AGREEMENT: 'l~ltis .A},~reeriteitt sets forth ;{!( j)rc,tnises, inducemerttti, ~t.<t,~reetttettts, CUItdltlUrl ~1IlCi itilC~@rst~tKitrtl;s ~)t'tweGn "r)t`vt`lOl)cr" and "C;ity" relative to the suk)jrrt nt.~ttte~r hcrro£, and t.hcre arc r-o prnmiscs, ag-reentettts, cvltciitioits or tutderst.~ndinR, either oral or written, express or implied, bett~~eelt "llevelu}~er"and "C'.ity", other than as are st~i-trd ltereill, Except. as hrrrilt vtlter~vise }~rovidcd, no subsequent altrratiUn, arnendrncnt, change or adclitivlt tU this Agree,tlcnt shall be binding upon tlir parties h~~rt:t o unless recltrc:e(i to evritin~ and s `tned by tltelli ur their successors in interest Ur their ;tssi};ns. and l~iirsuam., with respect to "t:.ity", t.o a duly adopted urtlir~,utcc c,r' resolution of~ "City". 21.1 NU ~c,nditiort governini; the uses and/or conditions govt~rning develuputeltt of t.hc subject "1'ro~,erty" herein provided lt)r ran be ttt~~dificd or amended without. the approval ~f tlir. C_:ity Council after thr. ""C:it.y" has conducted lnttalic Itcaring(s) in accordanc.c ~.vit.h the'ttutice provisions prUVicied for a zoning cirsignation and/or ameneitltertt in force at the tiitte of the prol:~used amettcirttent . 22. EFFEC'r1lV~ D11TE Or AGREEiVlENT: 'I'11is Ag~:eeu~ent shall be effective nn the date the Meridian City C:ounril shalt .adopt the aI«rctdment to the Meridi.'Itl ZQn1It~; QTdinanCe tIt l'C,nIlCCUOIt wlti~ lhC anItexttion :3ttCi ZUltlrlg of the."1'rc;h~~rty" arui execution ~f the Mayor anti C:it.y Caerk. L~LVF.t.OPMLi~ ~' ArREL'Ml'NT - 1t} "MAR-21-2001 1155 97i P.11 ,. P. 11 Mar-21-O1 15:30 ~. e; ~ ~ t~ ,~. ' ACI~N4WLEll(rMENTS IN WIrI~NESS WHEREOF, t.hc_ hartie~ have herrin exccutrd this air f~cnies~~, ;~ ~~c1 M~cle it effectivr as hereinaU~vc l~rnvicir~d. ~~ ~` e,. ~ ~'~'L.®®k ~'- _r. ~.....:~ , ~ lk. #.t-Z.+.. ' `* ~ ~.~} ,i -Eaf ! C-Xi~Zll~ ~ Y Y, # g n _ i.'~S;e; i~.~~. ~ a~ c ~' :u.'~:~L)~~"~"~.q »~p~ ve,r ~~i. v-~ F...`.~~ `~ f~/ -a., --,.~ 8.;..._ ,-- ~,.,.,{~a ~. k.. iiEA x-~.} At rrSt 4 A ~~CC// ` +.atYS.=r '':;~~ ,.,~0 g,`1 [ ~,~a~.y•*~,r V'~5 f`~ f",.~` ~~i~ t.4t ~~~~~ .x ~' ~, i~Y~~RI.S(~I.U?I(7N Nn Ff~,~~~~~ ~'_tl~` ~.~`~_~~~'~.. ~! ,. '~~ . ~ r ~ .+'4"' * ,~~~~ `~~ ~ . a ~-,~., +~~i3 S. AfxV~C~~n d ,` "~~ ~w.':~'~ff "_ `~~ . ~.:"° #F` CITY`UF~MEIZtt)IAN .; ; ~~,, `` ,~ •_ #~~' ~a '~~~~~''+~I ~I~~~~1i3 r t3Y: •~ MA'YnR RUBEP:1" ll. CU1L1tl h', Attrst• ~~E (.1-~s ~' ~~ ~1` r- _..~. > .t 't tl~#. u~}~~~ :~t:~~ . ,.,,.. ~,~.,... ,.,~..m.__,.. .t ....M... (I"1'Y'~C;LE1tK ~...s-- . >1~ ~"'~;±€~31s"atr 4? cwt"~.~ g"a`.`~' ~ a~"gn~r~ ~~. ~..~~.#T~'~t~ :l`:~~ ~~,~~~A.<i~3"a r~fi~s~ayr.~pyyyA' ` s~~~.. 4d~~ ~~~ i~y~~:''~£k'4w-,~~' ...~4.k b>~t~''~>f... d~.,y}~~~.~~.t9.~~:...i.lE~ ~i~"'C" 8..f..+;~,t,.2~-~.~+,f ~~i3 ¢~d.144'.ii~,&i a. °~~. ~..~`i ~.R; ~# ~; i~ Sia~G '~,._~~a.~.~~. "~ }.~~w } •~'`t4 ~~ p', 23'.;~ ~:'::.~'°,g1r}39 ~i'K"~~ '~ .., i~:$" -.~sr.k~ ~s~l"~~ ~~a.V` TIY RES(al.l1't'((7N NU. A~:Y;p# .. ~... .~.....~-- - ~.,~..~..., M ',`~~ est. ~ ~' '~'k--~yy" ~~~~ Itla`~ =' UL;VFt~.OPM1:N"t' ACiRF.EMEN'1 - 11 MAR-21-2001 11 56 97i P. 12 1 Stu^UPrllu ~~YL% ,~~ : ~~ Mar-21-01 15:30 ~ ; P_13 I .~~ C:UUNTY OF AT3A Ott this day csf' l2/~ p ~ , in the }•car 2()01, bcfarc I11C, ~, ~,h ~.t. }'YI. s~i+1,a NUtaN Public, personally app~-ared kraltk W. Sts~,hhs~llo and , kltrnvn ur idcntiEi~.d r.c~ n}s~ tr, be the Man it~cr-at3ri <>f Michctarigelc~ Invcstr.~icnts, LLt:, ~vhc, executed the inscnunelu un behalf of said Mie~ltelal,~rlc,~lrivrsrcr,ersts, l.l.(1, .sctcl acknuwled};e to Ilse haviltl executed tlle~ same. ~~~ARY~~'.~~~M ~ Gt, (, ~.) ~ ~.• ~ ~ Nc,t.~ry Public for Idah~I S~~ ',• pu$ti~G s °•.• C:om'~,/mi5siun expires: ~l_p8-aooj~, ~ ~ ~Qr7i~[ ~ 1~ q r''t._ ~ ~S( liw S' ['ATF C)F II~AHU j ' :~S C'c,tlnt.y ai 11da ) Un this day of , i:n the yr.arlt}(} 1, bclc,re ntC, a Nt~tary Pill~lic, personally apl.~t~zrc:d Robert L7. C'urrie and William C ~. Berg, lvtuw i,r idcns ii'ied to ule to be r11e: Mayor and Clerk, respectively, of tlsr C'ityr cIf' Meridian, tivlla execvtecl the inSt runtellt ur tlte. person that rxecut~:d i he instniltteltt ell hcltalf cif said Ci~.y, and arivtU~vledgc~d to Iltt~ thist ~uc.11 (;ity ' cxsycuteei the Same. (SEA1_.) Notary 1'uhlic for Idsht- (.UII,1IliSS3Qtl C:Cp1reS: m+1:/G:1Wctrklllutot}nM\Mrridiatll'1':-rawu~n, tiultdiviri~mlU~vc,apAy{r flF.VELVNMEN'1' ArRELMrNT - l2 MAR-21-2001 1156 97i P. 13 r Mar-21-01 15:30 ~1JXk11B1T A LegalJDcscri~tion 4f Property A parcel of land lying in the SW 1!4 of Section 20, Township 3 North, Range I East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of Section 20,`T.3N., R.IE., B.M., thence N 00°44'49" E I327.G0 feE~t tv the suuthwc~t corner u~ the N '/r of the SW [/4; Thence S 89°49'I 1" E 1273.011 feet a[ong the°south line of the N 'h of the SW 1/4 to the ltEAl, l'OIIVT QF BEGINNING of this description; Thcncc N 4I°53'21" W 2G3.54 Pert to a point; Thcncc N 40°44'21" W 140.40 feel to a point; Thence N 28°58'2U" W l $3.G9 feet to a point; Thence S 89°SG'4I" E 57.ll feet to a pint; m Thcncc N 29°01'26" W "L33.14 feet to a point; . Thcncc S 89°58'[ 1" E S7.'l0 feet to a point.; Thence S 29°Q 1'26" E 252.05 feet to a point; '!'hence S 89°56'41" E 1407.OA feet to a pvi><1t; '!'hence S 39°02'03" W 30!.40 feet t.o a point; Thcncc S 18°0'!'03"' 'W 105.00 feet to a point; Thence S 12°06'03" E 117.OU feet to a point o~n the south line of the=N '/a of the SW 1/4; Thcncc. N $9°49'11" W 976.31 feet along the ~~nuth line,af the N '/~ of the S1N l/4 to the Ji,.FAL P(~IN'1' OF BEGINNING of this descriptive; Said parcel of land containing !1.797 acres more ur less. f)EVELCIYM~:N`C AGREI;MI~:NC - 13 MAR-21-2001 11 57 9?r P. 14 P. 14 n Mar - 21 - O~l 15': 31 ~ P . 15 s EXHIBIT 13 bindings of Fact and Conclusion's oif Law/Cdnditions of Av royal .r I)IiVF.LQPMEN"1' AGRF.F.MEN"i' - 14 MAR-21-2@@1 11 57 97i P. 15 ,,_ C ~~ J CITY OF 1~I~~I~L~'~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF iUIICHELANGELO DIVESTMENTS, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION, SOUTH OF LOS ALAIv1ITOS PARK AND NORTH OF. SHERBROOI~E HOLLOWS, MERIDIAN, IDAHO Case No. AZ-99-01 FINDINGS OF FACT Ai~1D CONCLUSIONS OF LAW A.1~ID DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING ~~ 1 k The above entitled annexation and zoning application having come on for public hearing on October ~, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Frank Stoppello, and appearing on behalf of the Applicant was Becky Bowcutt from Briggs Engineering, appeared and testified and appearing in opposition or with concerns were: Clint Riley, Michael DeMayo, Scott Jarvis, Mr. Sutter, having testified in opposition and the City Council having duly considered the evidence and the record` in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR A~1NE~CATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the.City Council at the October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 1 1-2-416E and I l -2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER`GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION EY: MICHELANGELO INVESTMENTS, LLC Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set Forth in full. The property is approximately 12.801 acres in size. The property is located south of Los Alamitos Parlc and north of Sherbrooke Hollows Subdivision, Meridian, Idaho. The property is designated as Tarawood Subdivision. 5. The o~vn'er of record of the subject property is Michelangelo Investments, LLC, of 620 W. Hays Street, Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. 8. The Applicant requests the property be zoned as Lo~v Density Residential (R-4). 9. The proposed site of the subject property is located north of Sherbrooke Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 10. The city limits of the City of Meridian are adjacent and abut to the north, south and east of the subject property with Ada County Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELA.~'VGELO INVESTMENTS, LLC • ! (R-T) to the west. 1 1. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as~ the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family dwellings. 14. The Applicant requests zoning of the subject real property as Lo~v Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land. Use Map which designates the subject property as single family residential. 1~. 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 unposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1 S. I Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. FINDINGS OF FACT AiivD CONCLUSIONS OF LAW -Page 4 ANND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling`of any ditches crossing this project. 15.2 Any existing domestic wells and/or septic systems within this project wily have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 15.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 15.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 15.5 Coordinate fire hydrant placement with the City of Meridian Public Worlcs Department. 15.6 Indicate on .the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 15.7 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten. copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one ~veelc prior to the hearing by the Meridian City Council. 15.8 Sanitary sewer service to this site will be via an extension from the existing main.. that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 15.9 Water service to this site will be via extensions of'existing mains installed in adjacent developments. Applicant shall be responsible to FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 A1ND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC ., construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 15.10 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 15.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by theJNampa & Meridian Irrigation District. 15.12 Adjust adjacent lot line to provide the minimum street frontage, create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association. 15.13 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final. plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 15.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. 15.15 Applicant shall enter into a Development Agreement with the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of faci no. 1 S, and all subparts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION 6Y: MICHELAI~IGELO INVESTMENTS, LLC r: will be protected, which requirement shall be included in a development agreement, a condition. of annexation and zoning designation. 17. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate. in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC requirements of the Zoning ordinance assure that the processing of such application is the management of gro~~~th with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with' the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The expansion of commercial development is facilitated by the granting of this application .subject to the conditions herein set forth. 20.4 The application is consistent with Meridian's -self identity. 20.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 20.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.5 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: itiIICHELANGELO INVESTMENTS, LLC • plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation-and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page S and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNE;CATION AND ZONING/TA.RAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • 4.1 To preserve Meridian's environmental quality. and to make provisions for and inipro`ve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of ~~ew housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.~ To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC ~ ~ revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Low Density Residential , (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit-the establishment of low density single- family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, this Section lists the uses allowed in the various zoning districts of the City; that single family dwellings are listed as permitted uses in the Low Density Residential (R- 4) District. 7. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single family dwellings on this parcel of land. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • City of Idaho Falls, 105 Idaho 65, 665 P2d 107 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-60~ M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer inal<e a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: The applicant's request for annexation and zoning of approximately 12.801 acres to Lo~v Density Residential Zone (R-4) is granted subject to the terms FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC ~ ~ and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 12.801 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 155. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. The City Attorney is directed to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements with the following special terms and conditions related to this application to-wit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in 'this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within, this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.4 Submit letter to the Ada County Street Narne Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 3.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC ,~ % ~,~>> 3.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail .plans for reducing or eliminating the boundary. 3.7 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing.. by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of'one week prior to the hearing by the Meridian City Council. 3.8 Sanitary sewer service to this site will be via an extension from. the existing main that°is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains,to=and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3.9 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through the proposed development. Subdivision designer to coordinate main sizing .and routing with. the Public Worlcs Department. A 3.10 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or.fire hydrants. E 3.11 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa ~ Meridian Irrigation District. 3.12 Adjust adjacent~lot line to provide the minimum street frontage, create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block-•1. These lots are to be owned and maintained by the Home Owners Association. 3.13 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 A~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND:ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO,INVESTMENTS, LLC review and approval ~~~ith the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the Final plat. 3.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. 3.15 Applicant shall enter into a Development Agreement with the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 4. The City Attorney shall prepare for consideration by the City Cotmcil the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Lo~v Density Residential (§ 11-2-408 B 3 of the Revised and Compiled Ordinances of the City of Meridian) which Ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 5. Subsequent to `the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official boundaries and oning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular. meeting held on the '~ ~ day of /~y2n.- ,~~• , 1999. ROLL CALL COUNCILMAN ANDERSON VOTED~~~~' COUNCILMAN BENTLEY VOTED _~. COUNCILMAN BIRD VOTED_ U~ COUNCILMAN ROUNTREE VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC Q f; ., MAYOR-ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: l(-~ - ~~ MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney.. By. Dated: `~ T City Clerk _,~,,,,,.._ ~~ ~ ~~ ~ B~ a ~ 1~ ''.~'~Q ~T t8'~ • ~~, ~. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING~I'ARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • • MERIDIAN PLANNING & ZONING MEETING: AUGUST 31 1999 APPLICANT: MICHELANGELO INVESTMENTS LLC ITEM NUMBER: 8 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: '~ CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. M:ryor • HUf3 OF TREASURE VALLEY • ROBERT D. CORRIE' ~ A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN `~"~' ,88-'~99 • Fax'88-~~QI CHARLES ROUNTREE 1 ~ PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAH083642 ~'08> 587-'z-I • F:,x s87-1297 RON ANDERSON (208) 888-4433 • Fax {208) 887-4813 KEITH B[RD City Clerk Fax (208) 888-4218 PLANNING AND ZONWG DEPARTMENT T ~ rT~ (_'08) 88J-5533 • Faz 887-1297 ~L,~ .~,-ti•~,~ AUG 0 ~ 199 MEMORANDUM: :,'r~- ~~ ,`.,;.:-';~__ . {''t ~ ~':L:-!-~ ..;lace August 5, 1999 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins-Clark, Assistant Planner~~~ Re: Tarawood Subdivision - by Michelangelo Investments, LLC Request for. Annexation & Zoning of 12.801 Acres to R-4 with a Preliminary Plat for 32 Homes (Gross Density of 2.81 Units/Acre; Net Density of 2.50 Units/Acre) We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING GENERAL COMMENTS 1 • The legal description for annexation and zoning appears to describe the subject property, and complies with the requirements of the State Tax Commission and City of Meridian. An approved copy of the description has been delivered to the City Attorney's Office for their use in the preparation of an annexation ordinance. 2• Staffdoesn't recommend a development agreement for this project. PRELIMINARY PLAT GENERAL RE UIREMENTS 1 • Any existing irrigation/drainage ditches crossin the project shall be tiled per City Ordinance 11-9-60 SM. Planswill need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2• Any existing domestic. wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3• Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. AZ-99-015 and PP-99-012 Tarawod.AZPP.doc Mayor, Council and P&,~ August 5, 1999 Page 2 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 7. Respond in writing, to the each of the comments contained in this memorandum by noon the day of the scheduled heazing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the heazing by the Meridian City Council. PRELIMINARY PLAT SITE SPECIFIC REQUIREMENTS: 1. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District 5. Provide a 20 foot wide pedestrian pathway common lot between Lots 7 & 8, Block 3, adjust adjacent lot line to provide the minimum street frontage, and create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association. 6. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction; shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Tarawood.AL.PP.doc AZ-99-01 S and PP-99-012 Mayor, Council and P&~ . August 5, 1999 Page 3 7. Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. AZ-94015 end PP-99-012 Tarawood.AZ.PP.doc NL'B OF TRE-ISL~RE v~tLLEY \layor ROBERT D. CORRIE ~ A Guod Place ro Live LEG.>L DEPARTMENT l-()~) 331.1_01 C~!unril ~lemhrrc CITY OF MERIDIAN . _~ Pl'BL(Gtt~ORKS CHARLES ROUNTREE 33 1r.-1ST IDAHO • '~~~ L1--~~~ILDf~'G DEPART~IEVT GLENN BENTLEY MERIDL-1N, IDAHO 836~t2 _ `~^;~ ,L (~a~) ~~'~'~ I I Q~ RON ANDERSON Phone (203) 333--;•-133 • Fax (203) 887-~`3 - '.j ~~ PL.aNNING .aND ZONING KEITH BIRD ,'•`'i~~_ '~ v DEPARTMENT • 1 ~ .- (~03) 331-ijt_i TRANSMITTAL TO AGENCIES FOR COiVIivIENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerlc by: August 3. 1999 TRANSMITTAL DATE:_Ju1y 7, 1999 HEARING DATE: August 10. 1999 F{LE, NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MI_CHELANGELO INVESTMENTS, LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C _^GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT 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(PRELINI & FINAL) YOUR CONCISE REMARKS: Mayor ROBERT D. CORRIE Council Memhrr~ CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live • CITE OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 883-4=133 • Fax (208) 887-4813 LEGAL DEP.-~RTi\IENT PUBLIC WORKS BUILDING DEPARTMENT c~os> ss7-„ I I PLANNING AND ZONING DEPARTMENT (203)31-jj33 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Wifl Berg, City Clerk by: Auqust 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: Auqust 10, 1999 FILE NUMBER: AZ-99=015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP,'P/Z ROBERT CORRIE, MAYOR IRON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL} YOUR CONCISE REMARKS: ~~~~ '~C,~ ~;i1C .. .a .. v+ a+~ar~JV1~~. ra'1LLG! Mayor LEGAL DEP.>RT~IENT ROBERT D. CORRfE A Good Place to Live Council iv(em rn - -~ PUBLIC ~V ~IT'Y~ OF MERID ~~~~) ~~~-~~~~ ORKS CHARLES ROUNTREE 33 EAST IDAHO ~ ' ~ ~' ~ °-~ i ~--BUILDING DEPARTMENT GLENN BENTLEY MERID W1~I, IDAHO 83632 L' j .lt~os) ~~~-~~ ~ 1 RON ANDERSON Phone (208). 888-4433 • Fax (208) 887-4813 ~' ~ °, +~ ~ ~Jy RLANNING AND ZONING KEITH BIRD ~ J DEPARTMENT ~'rL_ ~'.,i^, ('03)351-1531 ,.'~.,. - TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: JuIY 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-0'15 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION. BY: MICHELANGELO INVESTMENTS, LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, PIZ MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS SARBEIRO, PIZ ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C ! lDAHO POWER CO.(PRELIM & FINAL PLAT) KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT:` BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT ~ BUILDING DEPARTMENT ~~ ~ FIRE DEPARTMENT YOUR CO ~~ , NCISE REMARKS: /j/O /5 ~~i9~'~-~ POLICE DEPARTMENT ' CITY ATTORNEY ^ _ CITY ENGINEER CITY PLANNER JUL 0 7 f~;9 Meridian City LUater Superir: ten.: ., t ot. ExeQ~ ~ ~ ~ ~ l_ ~ ~~"~~ ,~ a'" 2 8 1999 ~. ~~~ ~i~~ : ~ ~~~~....','~¢.,,.`.~°a.~~,t `3.t,a .. ..tOSC:t 1~2 utn~~~• , yBY;.y....'a`~. ~~.`~. ......, ,; a nt ~ o~ ~s~r:~c a. 91'1 Meridian Streei • Meridian, Idaho 83642 • (208) 888-6701 •-Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell July 13, 1999 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Tarawood Subdivision Elementary School: Mary McPherson Elementary School Middle School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is over capacity. Lake Hazel Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is also overcrowded. VVe can predict that these homes, when completed, will house seven (7) elementary aged children, five (5) middle school aged children, and five (5) senior high aged students. Sincerely, ~~~_~~ Ji Carberry, Administrator of Support Services BOARD OF TRUSTEES Rex Harrison wall)' Hedrick Holl)~ Houfburg Da~~id w)~nkoop • Sre~~e Mann -~--~ ~+--i CCU ~-~ ~'1'~ Cv :---+ ~~ 1 ~~---r Cv r---~ .-~--. M~ ~- ~+`{ AD~COUNTY HIGHWAY D'~rRICT Planning and Development Division Development Application Report Preliminary Plat - Tarawood Subdivision/MAZ99-015 e/o Locust Grove Road n/o V"ictorv Road Tarawood is a 32-lot residential subdivision on 12.8-acres. The applicant is also requesting annexation to the City of Meridian and a rezone from RT to R-4. The 12.8-acre site is located east of Locust Grove Road, approximately one half mile south of Overland Road. This development is estimated to Qenerate X20 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Bayou Bar Way Gold Bar Way Short Horn Avenue Locust Grove Road ACRD Commission Date -July 28, 1999 - 7:00 p.m. -_; ,_ ~ :T ~ - ~ ~. ,, , ,~{~ ~; ~ . _ _ ___ AM ~ SITE }~.L~ yr 1 vT~ ~, L ~ 3 ~ -L. J U t 2 ~ l~cc; CIt; r..r. Ciiy i i~rr . , ~.:.~~ ~~-- ~, ., __ _.--~ __ -. _:; O _ te J ' , _'- - ~-~---~+ r' - - C~ ; ..:_ __ .- _ _ -. ~~ .. _ =:- __.. _._ ` _, Q m-- . E _ W ~C \, ~~ _ O -- - S ~ . _V (_G_LQR Y _ _Q m __ a ,l CU i-=1 1 ~-+--a C~ '---~ ~~--.~ L{---r Cv '---+ ~-~ 1 4~ CU r-+ ~-+--~ :--~ Facts and Findings: A. General Information ~~ 4 i i r Owner -Frank Stoppello -Michelangelo Investments, LLC Applicant -Briggs Engineerin, y RT - Existin_ zoning r R-~ -Requested zoning I ~•~ -Acres ~ ~? -Proposed building lots I 286 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District B~ou Bar Wav ~ Local with bike lane designation No traffic count available ~7-feet existing right-of--way (for portion already constnrcted) ~ 50-feet required right-of--way for extension Bayou Bar Way is improved with a 37-foot street section with curb, gutter and detached 5-foot wide sidewalks. Bayou Bar ~Vay stubs into this site at the north property line. a GoldBar WaT t Local with bike lane designation No traffic count available 50-feet existing right-of--way (for portion already constnrcted). I, 50-feet required right-of--way for extension r I Gold Bar Way is improved with a 37-foot street section with curb, butter and 5-foot wide attached sidewalks. Gold Bar Way stubs into this site at the north property line. Short Horn Av n re ~, Local with bike lane designation No traffic count available 50-feet existing right-of--way (for portion already constructed) 50-feet required right-of--way for extension Short Horn Avenue is improved with a 37-foot street section with curb, gutter and ~-foot wide attached sidewalks. Short Horn Avenue stubs into this site at the south property line. k { ' ~ TARA~VOOD.CW~t Paso ~ 4 r' Locust Grove Road l~linor arterial with bike lane designation ~ ~ t. Traffic count 152 on 2-9-95 ~ ', 0-feet of frontage --r Locust Grove Road is improved with 2-lanes of pavement, with detached sidewalk on the west side of the road. ~ B. On July 19, 1995, the Commission reviewed and approved Los Alamitos No. 3, a 59-lot subdivision to the north of the subject site. As a condition of approval, the applicant of Los Alamitos No. 3 was required to provide two stub streets to the south: Both stub streets, Bayou ~~ Bar 4Vay and Gold Bar Way, are constntcted to the subject applicant's north property line. C+-+ CC i C. On May 21, 1997, the Commission reviewed and approved Sherbrooke Hollow, a li9-lot ^~ residential subdivision to the south of the subject site. As a condition of approval, the applicant ~~ of Sherbrooke Hollow vas required to provide one stub street to the north. The stub street, Short Horn Avenue, is constructed to the subject applicant's south property line. f D. On June 17, 1998, the Commission reviewed and approved Sherbrooke Village, a 31-lot residential subdivision, just south of Sherbrooke Hollow. ~~ E. ~'~'-~ Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constn-ction Services at 387-6280 (with file numbers) for =---+ details. 1 ~~ F. The applicant is proposing to connect with an existing stub street on the north side of the site, Bayou Bar Way, that is a part of Los Alamitos iVo. 3 subdivision. Staff supports the connection of this street between Lot 3, Block 1, and Lot 1, Block 2. Bayou Bar Way is constntcted to the ~ applicant's north property line as a 37-foot street section, with S-foot wide detached concrete sidewalk in S7-feet ofright-of-~vay. The applicant is proposing to extend Bayou Bar Way as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. ~~ District staff supports this connection. The applicant should coordinate the transition of the sidewalk and right-of-~vay dedication with District staff. ,~ '~ G. The applicant is proposing to connect with an existing stub street on the north side of the site, Gold Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff;supports the connection of this street between Lot 9, Block 2, and Lot 1 ~, Block 3. Gold Bar Way is constntcted to the ~ applicant's north property line as a 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet ofright-of--way. The applicant is proposing to extend Gold Bar Way as a 37-foot street section, with S-foot wide attached concrete sidewalk in S~0-feet ofright-of--way. District staff supports this connection. _ C-}~ ' H. The applicant is proposing to connect with an existing stub street on the south side of the site, r-+ Short Horn Avenue, that is a part of Sherbrooke Hollows subdivision. Staff supports the '~ connection of this street between Lot 8, Block 1, and Lot I, Block 3. Short Horn Avenue is constructed to the applicant's south property line as a 37-foot street section, with S-foot wide attached concrete sidewalk in SO-feet ofright-of-way. The applicant is~proposing to e~ctend ° ~ Tr\RAWOOD.C~I~I Pa~,e 3 ~. Short Horn Avenue as a 37-foot street section, with ~-foot wide attached concrete sidewalk in _ ~0-feet of right-of-way. District staff supports this connection. ~ 4--~ I. The applicant should be required to construct all public roads within the subdivision as 37-toot ~~-! , street sections with curb, butter, and ~-Foot wide concrete sidewalks within ~0-feet of right-of- ~.J ~ waV. r .. J. The applicant is proposing to construct two turnarounds in the subdivision. One is proposed at ~ the north end of Shorthorn Avenue, and the other is proposed at the east end of Talawood Avenue. The turnarounds should be ACRD approved with a minimum turning radius of 4~- feet. Submit a desi,n of the turnaround for review and approval by,District staff. -J---~ 1 ~-+--~ K. The applicant is proposing to construct a knuckle on the south side of T'alawood Avenue. The ~ applicant is proposing to construct a traffic island in the knuckle, which should be a minimum '"~ of 4-feet wide with a minimum area of 100-square feet and desi~ned~ to safely channel traffic.• ^~ The roadway around the traffic island should maintain a minimum of a 29-foot street section. The design should be reviewed and approved by ACHD's Planning and Development staff. t L. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. ', -~--> . ~+"~ NI: The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. ^--~ `- The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. ~~ Extend Bayou Bar Way into the subdivision bet~,veen Lot 3, Block I, and Lot 1, Block 2, as a 37-foot street ti i sec on, w th 5-foot wide attached concrete sidewalk in ~0-feet of right-of-tivay . ~'oordinate the transition of the sidewalk and right-of--way dedication with District staff. ^~ 2. Extend Gold Bar Way into the subdivision between Lot 9, Block 2, and Lot 1 ~, Block 3 as a , 37-foot street section, with 5-foot wide attached concrete sidewalk in 50-feet of right-of--way. ~ 3. I Extend Short Horn Avenue into the subdivision between Lot 8, Block 1, and Lot I, Block 3 as , a 37-foot street section, with ~-foot wide attached concrete sidewalk in'S0-feet of right-of--way. ~~ d. Construct all public roads within the subdivision as 37-foot street sections with curb gutter '-~--~ , , and ~-foot wide concrete s~detivalks within ~0-feet of right-of--way. '"-'' ~. ^~ , Construct an ACHD approved turnaround at the north end of Shorthorn Avenue, and at the east end of Talawood Avenue, with a minimum turning radius of =4~-feet. Submit designs of the turnarounds for review and approval by District staff. . TARAWOOD.C:~1~I Pa~_e ~i • t 6. Constrict a knuckle on the south side of Talawood Avenue with a traffic island in the knuckle, ~~ which shall be a minimum of ~-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a ~----+ 29-foot street section. Submit designs of the knuckle for review and approval by District staff. ~~ 7. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this shall be required ~ on the final plat. Standard Requirements: ~+ r ~--> l ~--~ 1. A request for modification, variance or waiver of any requirement~or policy outlined herein ~ shall be made in writing to the ACRD Planning and Development Supervisor. The re~~ st ~~i shall specifically identify each r~.nuire to hP rP~nnciriarari a" ~ a '++ V c mr>nt u. ui ~ i ~ . ~ ~ ~~ Y., la,l ,L, ,1, of why such a rP(]~I,rPmanr would result in ~ ci,hcr~nti~~ hardship or inegl~y The written r~anPSt shall he submi t d to th~District no later than 9.00 ~ m on the d1v s h d sled f r ACRD C'ommissinn arr;nn Those items shall be rescheduled for discussion with the ~ Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action ~~ do not provide sufficient time for District staff to remove the item from the consent agenda and ~, report to the Commission regarding the requested modification, variance or waiver. Those :---i items will be acted on by the Commission unless removed from the agenda by the Commission. ~~ 2. After ACRD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of SI 10.00. The reauest for reconsideration shall dat1 the w1s no ay~ilahlP rn rhP (~nmmiccinn ar rhA r;.,,o fits original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the ~,~ Commission. If the Commission agrees to reconsider the action, the applicant will be notified ~ of the date and time of the Commission meeting at which the reconsideration will be heard. r--~ ~~ 3: Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISP~VC Standards and approved supplements, Construction Services ~~ procedures and all applicable ACHD Ordinances unless speciGcallywaived herein. An ~ engineer registered in the State of Idaho shall prepare and certify all mprovement plans. ^~ 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit ~~ (or other required permits), which incorporates any required design changes. TA RA wOOD.C~f ~~I Pa~_e > C7 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. +-~ ~~----i ~ 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-~vay. :--r Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ^~ ACHD. The applicant shall be required to call DIGLINE (1-800-3=I?-1~8~) at least two frill business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are ~ compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing ~~ and signed by the applicant or the applicant's authorized representative and an authorized ~+-+ representative of the Ada County Highway District. The burden shall be upon the applicant to Cv obtain written confirmation of any change from the Ada County Highway District. ^---~ ~~ 9. Any change by the applicant in the. planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in 1 interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is ranted pursuant to the law in effect at the time the change in use is sought. -~-> C-l-~-i Cv :---~ ~~ Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. d---> ~-F---i Cu •---+ ~~ ~_~ ~~----1 C~ •----~ TA RA wOO D. C,~t ~~t Pale 6 CENTRAL CF~1"RAL DISTRICT HEALTH DEPF~MENT •• DISTRICT Environmental Health Division ~THEALTH DEPARTMENT Conditional Use # Preliminary /Final /Short Plat • -~-~,,1 c~ roc S~ ~cOd: c <<~~/ Return to: ^ Boise ^ Eagle ^ Garden City ,~ Meridian ^ Kuna ^ Acz I. We have No Objections to this Proposal ~ •' ! ;~ ?r °, i? _ .. ^ 2. We recommend Denial of this Proposal. ~T-,r {' ~ °, ": _„ - __ - ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will- require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrienu and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well . ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ 1 I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. 1f restroom facilities are to be installed,`then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date: Z/ /~_/ s~ Reviewed By: ~~~~//~ 1 ~oNO ,a,o, ~. ,~. „4, Review Sheet ~ ~ L_ _'.. .. -. - . ~ i 5 ~9~~ Cif' 0~ ~~__ r~ ~/ z , .~ ~ ~. 1503 FIRST STREET SOUTH, NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 F• Phones: Area Code 208 ~Uly 13, 1999 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 836~i2 Re: AZ-99-015 Annexation and Zoning for Tarawood Subdivision Dear Commissioners: The Nampa & Meridian In-igation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT" BH:dln Cc: File -Shop File -Office k Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 ~ BOISE PROJECT RIGHTS ~ 40,000 --r • • October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5. 1999 APPLICANT: MICHELANGELO INVESTMENTS, LLC ITEM #: 20 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION AGENCY COMMENTS CITY CLERK: REFER TO PACKET OF 9/21/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: .Ali Materials presented at public meetings shall become property of the City of Meridian. • • • October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3, 1999 _ APPLICANT: MICHELANGELO INVESTMENTS, LLC _ _ ITEM #: 14 REQUEST: FF&CL REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL~DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE.THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) REQUEST FOR ANNEXATION ) AND ZONING, OF 12.801 ) ACRES FOR TARAWOOD ) SUBDIVISION SOUTH OF LOS ) ALA.MITOS PARK AND NORTH ) OF SHERBROOI~E HOLLOWS l BY MICHELANGELO ~ ) INVESTMENTS, LLC ~ ) Case No. AZ-99-O15 RECOMMENDATION TO'CITY COUNCIL . ~ ~ a INTRODUCTION r 1. The property is approximately 12.801 acres in size. The property is + ~,» located south of Los Alamitos .Park and north of Sherbrooke Hollows Subdivision. ~. ,~ The property is designated as Tarawood Subdivision. 2. The owner of record of the subject property is Michelangelo . ~, ~ . Investments, LLC> of 620 W. Hays Street, Boise, Idaho. wg ,~ k 3. Applicant is owner of record. r~ 4. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. ~. , ~ a S. The Applicant requests the property be zoned as Low Density Residential (R-4). ~• . s A ~ ~ 6. The proposed site of the subject property is located north of Sherbrooke „~ ~ ;. . , RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - TARAWOOD SUBDIVISION - MICHELANGELO4INVESTMENTS .LLC ~. f :w ~` k ~' y. _... t ,.tea...:. _,. ~«.,.. .~,a.. .. I R9 , __ __ ~~: ---- i L u' ~I RT I I I I i '~ ~. ~_ I R1 ~~ ~~ M RT RT `~ 1 ___ OVERLAND ROAD ___ ___~ ZONE BOUNDARY (NP) ~ a. N MERIDIAN CITY R' LIMITS BOUNDARY M ~E )® RT RT 7 RT ~ // RT 1/2 MILE VICINITY MAP TARAWOOD SUBDIVISION PORTION SW 1/4 SECTION 20, T3N, R1E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 900' Rr R~ qT ~R j ,:~ SEP-14-1999 '1129" BRIGGS ENGINEERING INC. _} `~1 CERTtFtCgTION OF HEARING NOTICE SIGN-. 12083452950 P.01 I, Andrea McCarty (Briggs Engineering, Inc.), do hereby certify that a hearing notice . sign for Tarawood Subdivision was placed at the subject parcel on September 14` 1999, Andrea McCarty Po'ntp-tt° F]ax Note 7/671 oateq,~~~gq oemes- 7 To TJi'(!~7( t) IIiC-t' ~nv Fmm .~~~~ Phone ~ U Phone # p r L ~ !q~ ~ FaxR ~-~Z _ Fsx# '~_[~'ZIr® STATE OF IDAHO ) )§ County of Ada, ) On this 14 th day of September , 1999, before me, the undersigned, personally appeared Andrea McCarty ,known to me to be the person whose name is subscribed to the within instrument, who, being by me first duly sworn, did depose and say that she executed the foregoing instrument. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year in this certificate first above written. s `eee~6~so~o-oaat~+a ~y~ ~~ Not Public f r Idaho _ ~ m ~~TA~'r ~ ~ ~ Residing at ~ ~ e ^~""~ ~ * ~ My Commission Expires ~~a r ~ ~. , ~ ~'' 77 rr .~ e U '~ ~v 1 w v /nf ~~ ~ ~ S~t7~ S., r,~ ~ e # - a r. ~ i ~~' L'~ ~ sj9F=nn.i.y:4:.e,aV c: projectslmasterlhearingnoti ee-sign SEP 14 '99 11 31 12083452950 PAGE. 01 ~ ~cr-1~-.-1~~~ ii•c~ Dr[lUUS tI~lU1NC~KINU. 1N1.. 1083452550 P.02 i L-.° ~ cI~ o F MERIDIAN, IDAHO Hub of Treasure t/alley LEGAL NOTICE OF PUBLIC HEARING Meridian City ~/ dF .2. Po~,~lc. C TA-RrkoJevo ~ 8. ~Minld~cy P~ Hearing Date: s ~- ~ ~~ ' at , ~.M. In the Meridian City Hall Council Chambers For more information, contact CITY PLANNER 200 E. Carlton Ave. Suite 201 (208) 884-5533 TOTAL P. 02 SEP 14 '99 11 31 12083452950 PAGE.02 Will hear a request for a RING ~' G G S B RI ~~ ENGINEERS PLANNERS SURVEYORS FACSIMILE TRANSMITTAL COMPANY. FAX N 0. ~'-~ ~ ~ DATE ~ ~ ~'C- ~ N0. OF PAGES SENT ~ (Including Transmittal) .__~ ~; ~~E' _... ~--- REFERE CE ~~ FROM ~nv~~ BRIGGS ENGINEERING. INC. 1800 W. OVERLAND ROAD BOISE> IDAHO 83705 FAX (208) 345-2950 * TEL (208) 344-9700 (BEl) PROJECT N0. ~~n S"I ~ 1~' v V n ~~ ~!',. ,,. R 9 REMARKS . _.~~ ..~y ~~ .~ ~ f "° 4 ~ 9 :¢ e ff ~3 a ~ {` W~.^~ b REPLY REQUESTED a ~~~ ~, ,~ _ COPY L' * HO 83705 * (208)344-9700 FAX (208)345-2950 1800 ~W. 0 L`AND'. ROAD BOISE, lDA AUG 05 '99 14 02 12083452950 PAGE- 01 .. .._ , ~ .. ..~ ~ L~ • CERTIFICATION OF HEARING NOTICE SIGN -~ -tea ~,g- ~~~ } I, Donna Wilson (Briggs Engineering, Inc.), do hereby certify that a hearing notice sign for Annexation rezone and preliminary-plat was placed at the subject parcel,on Au uq st 3. ,1999. :~ `/ D nna Wilson. - , STATE OF IDAHO ) )§ County of Ada ) On this 3rd day of August , 1999. before me, the undersigned, personally appeared Donna Wilson ,known to me to be the person whose name is subscribed to the within instrument, who, being by me first duly sworn, did depose and say that she executed the foregoing instrument. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year in this certificate first above written. ~ tt~rk r~ ' ~d ` ` ~ ''~` ~ ~p i ~ ~ ~` ~-tfe~~e+~~~• 990510~hearingnotice-sig n AUG 05 '99 14=03 o~. G No~~Iry Public for Idaho ~.~ Re, iding at ? My Commissio Exn Aires ~~~~ t F 12083452950 PAGE.02 ~ ~ ~ ~ ~ r _ ~ ~ M N O ~ ~ N rn ~ ~ ~ ~ O ~ tU o ~ .~ ... _~ .~ ~ ~ - ~ --< y ~ ,~ o .~. ~ p, vcni D c° D Z o ~ ~ v ~ ~ ~ c ~ (D ~ r'' `G ~ N p a J ~ _ ~ - Z ., O ~ ~ ~ r ; ~ n v a T ~ r~ ~ ~ ~• ~ ~ ~1 r ~ t't1 Q = ~ C `' m ~ ~ C r ]~ ~. ,_ o r c~D ~ ~ ~ o~ -~ ~ ` ~ ~~ z O ~ p~~ rn ~. Q,. ~ o~ ~ ~ ~ n ~o rn ~~_ ~~ 0 z 0 D Z O TOTAL P. 03 AUG 05 '99 1403 12083452950 PAGE. 03 <. ar .. _ .. _: ..1~, F~ ~yy ~F,f ~~~~~~ Item-No:~,AgendaMA ~, .. Check list of Regulatory Taking: If the proposed action proposes to require a dedication of property to public interest. Question No. 1 Does the Regulation or the- proposed action. result in a permanent or temporary physical occupation of private property? {usually seen with requirements of dedications of real property interests for public use] If so proceed to question No. 2. Question No. 2 Is the magnitude of the impact upon the private property interest of the proposed action reasonably and specifically designed to prevent or compensate for adverse impacts of the proposed development of the real property to identified public interest? And if so does the proposed action substantially advance those identified public interests? If the proposed action proposes to restrict the use of property. Question No. 1 Does the regulation prohibit all economically viable or beneficial uses of the property? If so then is the proposed uses prohibited by the laws of nuisance of other preexisting:. limitations on the use of the property. If the proposed regulation or action have a significant impact on the landowners economic Interest. Questions No. 1 Does the action or regulation have a significant impact on the owner's economic interest. Reduction in property value alone may not be a taking a severe reduction in property value often indicates a reduction or elimination of reasonably profitable uses. Does the proposed regulation or action denies the landowner a fundamental attribute of ownership including the right to possess, exclude others and dispose of all or a portion of the property. ~v~ ~..~ .. Does the regulation serve the same purpose that would be served by direc~y prohibiting the use or action; and does the condition imposed substantially advance that purpose? ~..,.~ ~ _ ..~ --- _ ~ ~ ~_ ~"'~ !~ ~ ~ ~.' p ~~ e ~~, t ~,~` ` ~: ~ ~ e ... ,,. r"' s- ~ ' ~~ ~` ,,~,~~ t ~ 't: ~, ~. i T~„'`-- ~~ca ~ouvL~~ _J~ic,~G~cvacsi~Ui~t. Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr. Vice President Garden City. Idaho 837146499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Oave Givens, Commissioner Fax (208) 387-6391 Susan S. Eastlake Commissioner a-mail: tellus(~achd.ada.id.us DATE: Wednesday, November 3. 1999 MEETING: Wednesday, November 3, 1999 ~`"~`~" " ~~~~~~~ TO: Meridian- City Council ~ ~ 1~ ~ 1g~DJ FROM: Steve Arnold ~~~ ~T+ ~~~,I~I,~ii\j Planning and Development RE: Tarawood SubdivisionJMAZ99-015 e/o Locust Grove Road n/o Victory Road ' Tarawood is a 32-lot residential subdivision on 12,8-acres. The applicant is also requesting annexation to the City of Meridian and a rezone from RT to R-4. The 12.8-acre site is located east of Locust-Grove Road, approximately one half mile south of Overland Road. It has been brought to the attention of Ada County Highway District, that the Los Alamitos neighborhood association has concerns about extending Bayou Bar Way, and Gotd Bar Way into the subject site. Current District policy requires: 7203.5.2 Fxistin A acent DPvPloom t g--s1i --~ An existing street, or a street in an approved preliminary plat, which ends at a boundary of a proposed development shall be extended in that development. The extension shall inciude provisions for continuation of storm drainage facilities. The benefits to interconnectivity are as follows: lClcreasPS it .elation and saf~fot • pedestrians • bicyclists • public transit • mail delivery • carpools Aids emPrnPn~}~ sPrvic-PS Incr asP,~s., afgt~entP~rint~ $~ exiiina onto art _rials,.provid_____ in~tioIIS~~ed on driv .~ oref _r .nc-P an.i ropverl.l .n . „ Pot nttall.~c.: • Reduces total vehicle miles of travel, thus benefiting air quality and emissions. • Provides future access to traffic signals, • Provides the opportunity to avoid difficult left turns on more congested streets. Turning left onto Franklin Road or Eagle Road is difficult at this time and is anticipated to worsen. Staffs' evaluation of the extension of the roadway will not exceed the capacity of any streets in Sherbrooke Hollows Subdivision or Los Alamitos Park Subdivision. Staff supports the proposed lay-out without any additional unnecessary stub streets to the west, NOU 03 '9g 10: q3 TOTAL P. 02 12083452950 PAGE. 02 NOU 02 '9y 1o~.S5 Pk C1TY' OF MERIDIAN 208 884 4259 TO PUBLI C WORKS P.01i01 1. C ~~ J ` ~v" '.1 • '. , P .T 1. ~- ' ~, ~ r 1 - I~OV ~ ~ 999 ~ =- ,.. - tor, 1~'kANK W. tiT(>PPEL[~fV ` .\-I'TI~MKKYSI A;~I11'. X11 \ hlNiC r,(IltetFM' I,A v '~ ~i• ~* ~ ~- - ~ . ~ ~~~ . ~ '; i 11:t(1 1V1:.IT IIAY.+ M•1•V M~['1' '~ • V t' !"`- i1 . V 1J ~(; 111 II: IIC, II)All<1 Ny111_! .I ltA av ,~, tpti)yU November 2, 1999 TRANSMITTED VIA FACSIMILE AND SENT BX MAIL Mayor Robert Coxxie City of MPriciian 33 E. Idaho Street Meridian, ID 83692 Councilman Ron Anderson City of Meridian 33 E. Idaho Street Meridian, ID 83642 Councilman Charlie Rountree City of MEL'idiati 33 E. Idaho Street Meridian, T~ A3642 Re: Tarawood Subdivision Dear Mayor and Councilmen: T a1.8rI3UNE1 l'L ON) yyb-lu.U 1''ACSI1,lILlt 120N) aae-luxe Councilman Glenn Bentley f'~ ty of MF~ri Ali an 33 E. Idaho Street Meridian, ID 83642 Councilman Keith Bird city of Meridian 33 E. Idaho Street Meridian, ID 83642 William E'. ~igray N1eLir,.iiacl Cily Attorney P. 0. Box 1150 Meridian, TD 8356C- I am in receipt of the proposed Findings of Fact fo'r Annexation and 2oninq and believe t}iev contain an err in paragraphs 15.12, 15.19, 3.12, and 3.19 because they appear to pertain to lots for a common area for both the 9 Mile drain and the Ridenbaugh c:dndl. .1f I am not cnistakerl ttlr RiJrili~uuyl3 Canal requirement was removed by the Council. This issue might be moot due to the fact I have met with Shari Stiles last week and believe T have reached an agreement as to the solution to access which will be presented by Becky Bowcutt at Wednesday's meeting, I have a hearing Wednesday night in Pocatello, Idaho, and will. not be present. Becky Bowcutt will make the presentation. FWS:dc NOU 02 '99 12 43 Sincerely, t,~ h/ ~ Fr,~nk W. Stoppello Attorney at LaW 209 336 1020 TOTAL P.02 PAGE.02 ** TOTAL PAGE.01 ** ;:., jv',. Noy 02+1999 1~~..i6F'M FROM stoppello law TO 3452950 .ti - ~ T~RANit+W.:3TO.t'I'F~LLC) A'r•l•ulcAll+:\'N ANI! +.uI~NKF;Lt/K!+ nT l.AW +:«U WIC N'1' 1lAYt+++.1't<k h'I' iN)I`ll•;, IIIAltu Ii:ITU'' N'KnNK W. NTV!'-'ItI.T.A .raxxr A rcTSex November 2, 199 TKAN5MI7'TED V A FACSIMILE AND SENT BY MAIL Briggs Engineering, Inc. Attn: Becky L. Bowcutt Land Use Planner 1800 West Overland Road E3visC, IU Q3705-3112 Dear Becky: P.02 ~~ ~(a~ TTCLEPHUNlS ('l0%) :i18•TO'LU MAt:'SITMTLIC(YaN! %R6-1027 Enclosed is a copy of my fax to the Mayor and Council. Will Berg asked n(e Lo ~Cax this letter ~u l~lim for the Mayor and Council. He told me he placed the Preliminary Plat Hearing ahead of the Finc~~ngs far. AnnPxarinn and Zoning to allow "a correction to the Findings" if there was agreement at the Preliminary Plat Hearing. Sincerely, W t E'rank W, stoppello Attorney at Law FWS:dc Enclosure NOU-02-1999 12 39 P.02 208 336 1020 Y October 15, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 19, 1999 APPLICANT: MICHELANGELO INVESTMENTS LLC ITEM #: 8 REQUEST: FF&CL REQUEST FOR ANNEXATION & ZONING OF 12.801 ACRES FOR TARAWOOD SUBDNISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: ~` SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MICHELANGELO INVESTMENTS, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION, SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOI~E HOLLOWS, MERIDIAN, IDAHO Case No. AZ-99-O15 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October 5, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Frank Stoppello, and appearing on behalf of the Applicant vas Beclcy Bo~vcutt from Briggs Engineering, appeared and testified and appearing in opposition or with concerns were: Clint Riley, Michael DeMayo, Scott Jarvis, Mr. Sutter, having testified in opposition and the City Council having dilly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of La~v, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration snore than one ~veelc before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELAI~IGELO INVESTMENTS, LLC • fuleridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation. and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 12.801 acres in size. The property is located south of Los Alamitos Parlc and north of Sherbrooke Hollows Subdivision, Meridian, Idaho. The property is designated as Tarawood Subdivision. 5. The owner of record of the subject property is Michelangelo Investments, LLC, of 620 W. Hays Street, Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. 8. The Applicant requests the property be zoned as Low Density Residential (R-4). 9. The proposed site of the subject property is located north of Sherbrooke Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 10. The city limits of the City of Meridian are adjacent and abut to the north, south and east of the subject property with Ada County Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC (R-T) to the west. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family dwellings. 14. .The Applicant requests zoning of the subject real property as Lo~v Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRAI~ITING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. The Planning and Zoning Commission further recommends: 15.3 Applicant shall enter into a Development Agreement with the City. 16. It' is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 15, and all subparts, the economic welfare of the City and its residents and ta.~c and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 17. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • glare and odors. 18. The proposed development will serve existing and gro~~~ing needs and will provide services to surrounding institutional, commercial and- residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as Follows: 20.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 20.4 The application is consistent with Meridian's self identity. 20.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 20.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section I I- 2-417 provides the City may annex real property that is tivithin the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRAi~ITING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC s • 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. S: 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) Lo~v Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development acid public schools. The purpose of the (R-4) District is to permit the establishment of lo~v 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 ma,~cimum of four (4) dwelling units per acre and requires connection to the Municipal Water FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNE`CATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC • I and Sewer svstems of the City of Meridian. i J ~ 1 6. That Section 1 1-2-409, ZONING SCHEDULE OF USE CONTROL, A, I this Section lists the uses allowed in the various zonin~~ districts of the City; that single family dwellings are listed as permitted uses in the Loy-v Density Residential (R- 4) District. 7. By authority of the City of Meridian und4er the Comprehensive Plan,.a conditional use permit is not required for Applicant to construct and develop single family dwellings on this parcel of land. 8. ' Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annex ~ tion of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9. The development of the annexed land, if ~'lnnexed, shall meet and comply with the Ordinances of the City of Meridian in~luding, but not limited to: ~l Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of di~ches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. .~ 10. -The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 11. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: ;.~ l FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR Ai~1NEXATION AND ZONING/TARAWOOD St~IBDIVISION BY: MICHELANGELO INVESTMENTS, LLC I If property is annexed and zoned, the City may: require or permit, as a condition of the zoning; that an owner or developer make a written commitment concerning the use or development of the subject .property. If a commitment is required or permitted, it shall bf~~ recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance amlexing and zoning the property, or prior if agreed to by the owner of the parcel. W DECISION AND ORDER NOW THEREFORE BASED UPON THE AB~ VE AND FOREGOING- , FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and~this does Order: 1. This application is for annexation and zoning of 12.801 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation ~~~nd zoning designation. (R-4) Lo~v Density Residential Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Develo er enter into a Develo ment A r cement that rovides in the P P g~ P event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian wl~tich provides for the following conditions of development to-wit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per~City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC ~ I ~ 3.2 Anv existing domestic wells and/or septic systems within this project 4vill have to be removed from their domestic service per City Ordinance Section 5-7-517. We11s may be`used for'- non-domestic purposes sLich as landscape irrigation. NOTICE OF FINAL ACTION Please take notice that this is a final action of~the Q vernin bo g 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 adversel~'y affected by the issuance or I denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a ~udicial'~review as rovided b Cha ter 1 P Y p 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ROLL CALL 1999. COUNCILMAN RON ANDERSON COUNCILM,Al~I GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE FINDINGS OF FACT AND CONCLUSIONS OF LAW ~~ Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITARAWOOD SUFIDIVISION BY: MICHELANGELO INVESTMENTS, LLC `~ VOTED VOTED VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Bye Dated: City Clerk ms~Z:\Work\fvt\Meridian 15360M\Tarawood subdivisionWZFfCIs e FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC I ~ MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21.1999 APPLICANT: MICHELANGELO INVESTMENTS AGENDA ITEM NUMBER: 19 REQUEST: ANNEXATION & ZONING FOR TARAWOOD SUBDMSION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: SEE ATTACHED RECOMMENDATION CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~ A~TAC~Q C~r(1~~~5 ADACOUNTY STREET NAME COMMITTEE: ,- CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Mayor ROBER"r D. CORRIE HUB OF TREASURE VALLEY • A Good Place to Live City Cuunc~l Members CITY OF MERIDLAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KE[TH B[RD City Clerk Fax (208) 888-4218 T--. ~-~ ~'. T rT-- 1-=~ ~- ~,, -~; AUG Q ~ 199 MEMORANDUM: !`t~~- ~='~t•:.-~~ice To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Brad Hawkins-Clazk, Assistant Planner.~~~ LEGAL DEPARTMENT (208) 288-2-199 • Fax 238-2501 PUBLIC WORKS BU[LD[NG DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 383-5533 • Faz 887-1297 August 5, 1999 Re: Tarawood Subdivision - by Michelangelo Investments, LLC Request for Annexation & Zoning of 12.801 Acres to R-4 with a Preliminary Plat for 32 Homes (Gross Density of 2.81 Units/Acre; Net Density of 2.50 Units/Acre) We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING GENERAL COMMENTS 1. The legal description for annexation and zoning appeazs to describe the subject property, and complies with the requirements of the State Tax Commission and City of Meridian. An approved copy of the description has been delivered to the City Attorney's Office for their use in the preparation of an annexation ordinance. 2. Staff doesn't recommend a development agreement for this project. PRELIMINARY PLAT GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No vaziances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape,irrigation. 3. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. AZ-99-015 end PP-99-012 Tarawod.AZPP.doc Mayor, Council and P&Zi August 5, 1999 Page 2 - ,,, 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. ,Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 7. Respond in writing, to the each of the comments contained in this memorandum by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminazy Plat Map to the City Clerk's Office a minimum of one week prior to the heazing by the Meridian City Council. PRELIMINARY PLAT SITE SPECIFIC REQUIREMENTS: Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District 5. Provide a 20 foot wide pedestrian pathway common lot between Lots 7 & 8, Block 3, adjust adjacent lot line to provide the minimum street frontage, and create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These Lots are to be owned and maintained by the Home Owners Association. 6. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required 'for the improvements prior to signature on the final plat. AZ-99-015 and PP-99-012 Tarawnod.AZ.PP.doc Mayor, Council and P&Z August 5, 1999 Page 3 7. Permanent non-combustible fencing is to be installed along the common area lot' line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. Tarawood.AZ.PP.doc AZ-941715 and PP-99-012 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOI~E HOLLOWS Case No. AZ-99-01 S RECOMMENDATION TO CITY COUNCIL BY MICHELANGELO INVESTMENTS, LLC INTRODUCTION 1. The property is approximately I2.80I acres in size. The property is located south of Los Alamitos Parlc and north of Sherbrooke Hollows Subdivision. The property is designated as Tarawood Subdivision. 2. The owner of record of the subject property is Michelangelo Investments, LLC, of 620 W. Hays Street, Boise, Idaho. 3. Applicant is owner of record. 4. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. S. The Applicant requests the property be zoned as Low Density Residential (R-4). 6. The proposed site of the subject property is located north of Sherbrooke RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 7. The city limits of the City of Meridian are adjacent and abut to the north, south and east:of the subject property with Ada County Rural Transitional (R-T) to the west. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family dwellings. 11. The Applicant requests zoning of the subject real property as Low Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. I2. There are na significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate ilTigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. The Planning and Zoning Commission further recommends: 1.3 Applicant shall enter into a Development Agreement with the City. Z:1~'vork~vl~leridian 15360NI~Tarawood SubdivisionWiuiexZon.Rec RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - TARAWOOD SUBDIVISION - MICHELANGELO INVESTMENTS LLC ~(noor HUB OF TRE-i SURE VALLEY ROBERT D. CORR[E ~ A Good Place ~.`? Livc ~ LEG.-1L DEP:aRT:~IGVT t'US) 3:51-1'_61 C~uncil~lembtrc CITY OF MERIDIAN ~, PUBL(C~tiORKS CH.~RLES ROUNTREE 33 EAST IDAHO ' `y ~}J,LBUILDING DEP.>RT`IE~T - ~ ~ " ~ l'_03) 357-,"' I I GLE;v~ BEVTLEY MERIDIAN, IDAHO 83612 .l"~ ~_ .` RON ANDERSON Phone (208) 838--1-133 • Fax (208) 837-4s.!? _ '~, ,~~~ PLAVN(tiG AND ZOw(uG KEITH BIRD ','~; ~_ ~ v DEPARTSIENT ` - -' 1~~3)351-1533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPIV1FNT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridi?~ Planning. 8~ Zoning Commission, please submit your comments and recommendations to° Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT 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(PRELlM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: Mayor ROBERT D. CORRIE Council ~Irmbere CHARLESROGNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TRE.aSURE VALLEY A Goud Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83Cr12 Phone (208) 883-1-133 • Fax (208) 887-4813 LEG,aL UEPaRT`1E.vT (_03) 88a-1~6-i PLBL[C WORKS BUILDING DEPART`IENT 12os~ ss 7-„ I I PLANNING .aND ZONING DEPARTMENT (203)SS1-5533 TRANSNITTTAL 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 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE: July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH $ORUP, 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 c~FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER 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) C YOUR CONCISE REMARKS: ~ .~~~ " 7 J CITY PLANNER C ~ ~ ~~ /~ ~~~ «,A yr ~ni:.,'tJ t~«c .~~t,~..[;t hl~yor LEGAL DEP.~RT~IENT ROBERT D. CORRIE A Good Place to Live I,us~ 3~1-161 Council ~trm « ~;ITY OF MERID~,.N _ PL'BL[C ~VURhS CHARLES ROUNTREE 33 EAST IDAHO - - ' ~ ~ ~ - ~ - BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83632 y 1''1 %~~081 ~~ ~'~ I I RON ANDERSON Phone (208) 888-4-133 • Fax (208) 887-4813 ~ ;' `- , f~,;.RLANNING AND ZONING KEITH BIRD y - DEPARTMENT ~~ (=03) ~S1-ij 11 ~~.- 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 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3, 1999 TRANSMITTAL DATE:_July 7, 1999 HEARING DATE: August 10, 1999 FILE NUMBER: AZ-99-015 REQUEST: ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC LOCATION OF PROPERTY OR PROJECT: SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS TAMMY DE WEERD, P2 MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR ^RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C ~,,cGLENN BENTLEY, C/C ~/ WATER DEPARTMENT' SEWER DEPARTMENT BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS:'~~~i~~'~--5 ~~~~~ ,._ ~-- 4.a.~.~ ~'' ~/ Ji1L 0 7 1~;9 hlericfian City lVafer Su;,~ri;; ter,.:: l t F~~i;"1~;~-~'~~1.) .a' ' 8 199 L ~w.~z a SUPERINTENDENT Cl~ristit~e H. Donnell July 13, 1999 91 I Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 ~. City of Meridian 33 East Idaho Meridian, Idaho 8364? Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Tarawood Subdivision Elementary School: Mary McPherson Elementary School Middle School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is over capacity. Lake Hazel Middle School is at capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is also overcrowded. We can predict that these homes, when completed, will house seven (7) elementary aged children, five (5) middle school aged children, and five (5) senior high aged students. Sincerely, ~~~_~~ Ji Carberry, Administrator of Support Services 13O~iRD OF TRUSTEES Rex Harrison Wall~• Hedrick Holl~• Houfbur~ David w~~nkoop • Sieve :Mann AD~:OUNTY HIGHWAY D~'RICT Planning and Development Division Development Application Report L~ Preliminary Plat -Tarawood Subdivision/iV1AZ99-015 e/o Locust Grove Road ~ n/o Victory Road :--r ~~ Tarawood is a 32-lot residential subdivision on 12.8-acres. The applicant is also requesting annexation to the City of Meridian and a rezone from RT to R-=1. The 12.8-acre site is located east of Locust Grove Road, approximately one half mile south of Overland Road. This ~ development is estimated to generate 320 additional (10 existing) vehicle trips per day based on the [nstitute of Transportation Engineers Trip Generation manual. _~,, Roads impacted by this development: C.},~ Cv ~~ ~~ Bayou Bar ~Vay Gold Bar ~Vay Short Horn Avenue Locust Grove Road ACRD Commission Date -July 28, 1999 - 7:00 p.m. -~---+ C„~~ Cv r---i ,/i ~+ ~``~ (y.~~ V L{----r ~J \\ . -~ ' ~O \ ~' SITE _ F-- . ,-- __ U _. = O -- -- •-.. ___ J = _- -- __ \\' w C\ E ~' S .1(,` ~ ~ ~ occ ~~J.:.~ i~-~ ,,~ s Facts and Findings: C~ A. General Information C`, ~'-' Owner -Frank Stoppello -Michelangelo Investments. LLC '~ Applicant - Briggs En~ineerin~ RT -Existing zoning v R-~ -Requested zoning ~ 12.3 -Acres ~? -Proposed building lots ?86 -Traffic Analysis Zone (TAZ) -~--~ ~+'~ West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District :--~ ~~ Ba; ou Bar Wav Local with bike lane designation No traffic count available ~ ~7-feet existing right-of--way (for portion already constricted) 50-feet required right-of--way for extension ~~ Bayou Bar Way is improved with a 37-foot street section with curb, gutter and detached 5-foot wide sidewalks. Bayou Bar Way stubs into this site at the north property line. `---~ ~~'' Gold Bar War Local with bike lane designation No traffic count available SO-feet existing right-of--way (for portion already constricted) ~ 50-feet required right-of--way for extension Gold Bar Way is improved with a 37-foot street section with curb, gutter and 5-foot wide ~~ attached sidewalks. Gold Bar ~Vay stubs into this site at the north property line. Cv '--~ Short Horn Av n i~ ^~ 'Local with bike lane designation No traffic count available ~0-feet existing right-of-~vay (for portion already constructed) ~ 50-feet required right-of--way for extension Short Horn Avenue is improved with a 37-foot street section with curb, gutter and ~-foot wide ~~ attached sidewalks. Short Horn Avenue stubs into this site at the south property line. ~~----r •--~ ~~ TARA~VOOD.C~I~~t Pa~,e 2 Locust Grove Ro1d Minor arterial with bike lane designation • ~~ Traffic count 1 ~2 on 2-9-9~ v `} 0-feet of frontage :-+ ~~ Locust Grove Road is improved with 2-lanes of pavement, with detached sidewalk on the west side of the road. ~ B. On July 19, 199, the Commission reviewed and approved Los Alamitos No. 3, a ~9-lot subdivision to the north of the subject site. As a condition of approval, the applicant of Los Alamitos No. 3 was required to provide two stub streets to the south. Both stub streets, Bavou -a---~ Bar Way and Gold Bar Way, are constricted to the subject applicant's north property line. ~-~-~+ C'v C. On May 21, 1997, the Commission. reviewed and approved Sherbrooke Hollow, a 139-lot r--~ residential subdivision to the south of the subject site. As a condition of approval, the applicant ~~ of Sherbrooke Hollow was required to provide one stiib street to the north. The stub street, Short Horn Avenue, is constructed to the subject applicant's south property line. 1 D. On June 17, 1998, the Commission reviewed and approved Sherbrooke Village, a 31-lot residential subdivision, just south of Sherbrooke Hollow. L~ E. Utility street cuts in new pavement less than five years old are not allowed unless approved in ~ writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. .--~ '~ F. The applicant is proposing to connect with an existing stub street on the north side of the site, Bayou Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff supports the connection of this street between Lot 3, Block 1, and Lot 1, Block 2. Bayou Bar Way is constricted to the ~ applicant's north property line as a 37-foot street section, with 5-foot wide detached concrete sidewalk in 57-feet of right-of--way. The applicant is proposing to extend Bayou Bar Way as a • 37-foot street section, with ~-foot wide attached concrete sidewalk in 50-feet of right-of--way. ~~ District staff supports this connection. The applicant should coordinate the transition of the ~ sidewalk and right-of--way dedication with District staff. ~~ G. The applicant is proposing to connect with an existing stub street on the north side of the site, Gold Bar Way, that is a part of Los Alamitos No. 3 subdivision. Staff supports the connection of this street between Lot 9, Block ?, and Lot I~, Block 3. Gold Bar Way is constricted to the ~ applicant's north property line as a 37-foot street section, with ~-foot wide attached concrete sidewalk in ~0-feet ofright-of--way. The applicant is proposing to extend Gold Bar Way as a 37-foot street section, with ~-foot wide attached concrete sidewalk in SO-feet ofright-of--way. _ District staff supports this connection. ~f---~~ H. The applicant is proposing to connect with an existing stub street on the south side of the site, :-~ Short Horn Avenue, that is a part of Sherbrooke Hollows subdivision. Staff supports the ~~ connection of this street between Lot 8, Block 1, and Lot 1, Block 3. Short Horn Avenue is constructed to the applicant's south property line as a 37-foot street section, with ~-foot wide attached concrete sidewalk in ~0-feet of right-of--way. The applicant is proposing to extend TARAIVOOD.CM~I Pa~~~ Short Horn Avenue as a ;7-foot street section, with ~-foot wide attached concrete sidewalk in ~0-feet ofright-of--way. District staff supports this connection. C~ I. The applicant should be required to construct all public roads within the subdivision as 37-foot :--+ street sections with curb, gutter, and ~-foot wide concrete sidewalks within ~0-feet of right-of- .--.-• U way. J. The applicant is proposing to construct two turnarounds in the subdivision. One is proposed at ~ the north end of Shorthorn Avenue, and the other is proposed at the east end of Talawood Avenue. The turnarounds should be ACRD approved with a minimum turning radius of =1~- feet. Submit a design of the turnaround for revietiv and approval by District staff. -~--~ ~-~--~ K. The applicant is proposing to construct a knuckle on the south side of Talawood Avenue. The CL applicant is proposing to construct a traffic island in the knuckle, which should be a minimum '-'' of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. ~~ ,The roadway around the traffic island should maintain a minimum of a 29-foot street section. The design should be reviewed and approved by ACHD's Planning and Development staff. 1 L. Any proposed landscape islands/medians within the public right-of-~vay dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. r'~""~ `'~ NI. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. ..~ The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Extend Bayou Bar Way into the subdivision between Lot 3, Block 1, and Lot 1, Block 2, as a ~~ 37-foot street section, with 5-foot wide attached concrete sidewalk in ~0-feet ofright-of-~vay. ~' Coordinate the transition of the sidewalk and right-of--way dedication with District staff. :---~ ^~ ?. Extend Gold Bar Way into the subdivision between Lot 9, Block ?, and Lot 1 ~, Block 3, as a ~7-foot street section, with 5-foot wide attached concrete sidewalk in ~0-feet of right-of--way. ~ 3. Extend Short Horn Avenue into the subdivision between Lot 3, Block. land- Lot 1, Block 3, as a 37-foot street section, with ~-foot wide attached concrete sidewalk in ~0-feet ofright-of--way. ~, =1. Construct all public roads within the subdivision as 37-foot street sections with curb, gutter, ~+-~ aiid 5-foot wide concrete sidewalks within SO-feet of right-of--way. ""~ ~. Construct an ACHD approved turnaround at the north end of Shorthorn Avenue, and at the east -~ end of Talawood Avenue, with a minimum turning radius of =1~-feet. Submit desi;ns of the turnarounds for review and approval by District staff. y ~r.=~x:~wooD.c~~tii E'a~~e -l ~ i 6. Constrict a knuckle on the south side of Talawood Avenue with a traffic island in the knuckle, ~,~ which shall be a minimum of =I-feet wide with a minimum area of (00-square feet and desi;ned to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a '•-~+ 29-foot street section. Submit designs of the knuckle for review and approval by District staff. Any proposed landscape islands/medians within the public ri;ht-of--way dedicated by this plat should be owned and maintained by a homeo~,vners association. Notes of this shall be required on the final plat. Standard Requirements: -~--> ~~--~ 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. Th.~ request r--r .-~.~. shill sn ifi ~Ilv identify each regnirPmPnr rn h~ rarnnci~arali ~7 ;,,`i i`l~ ~ Wrj rPn explanation of why snc-h ~ rPquiremPnr wo ild r s llr ;n ~ clihcr~nr;~~ h~r~~h~p or ineg_i,tity The vvritt n reauest shall he submi d o th Di~tri no lat r than 9•~0 ~ ni on the day s h d 11Pr1 fnr ACHD Commissinn ac'r;nn Those items shall be rescheduled for discussion with the ~ Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action -~--~ do not provide sufficient time for District staff to remove the item from the consent agenda and ~~ report to the Commission regarding the requested modification, variance or waiver. Those C~v' items will be acted on by the Commission unless removed from the agenda by the Commission. .~~ 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and- shall include a minimum fee of ~ 1 10.00. The r~~~est for recon~iderarion shall ~ sy~~cally id nhfv each reglltrPmPnr rn hP rPr•nnc;rlPrarl „r1 iii i i`l Writt n d0 IlmPntatlnn of ~ data that was nn av~11~h1P rn ttta (~nmmicc n t tl t' C' > > ~ginal decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the '~'-' Commission. If the Commission agrees to reconsider t11e action, the applicant will be notified ~-+--i ~ of the date and time of the Commission meeting at which the reconsideration will be heard. '---~ ~~ 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance X188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services ,~ procedures and all applicable ACRD Ordinances unless specifically waived herein. An ~-}•-i enVineer registered in the State of Idaho shall prepare and certify all improvement plans. :---a S. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. T:~R.\wOOD.C~L~( Pa~~e 6. Construction, use and property development shall be in confon~rince with all applicable _ requirements of the Ada County Highway District prior to District approval for occupancy. ~~---~ v 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-wav. r--~ Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ^~ ACHD. The applicant shah be required to call DIGLI;tiE (t-800-3-12-I~S~) at least two frill business days prior to breaking ground within ACHD right-of way. The applicant shall contact ACHD Traffic Operations ,87-6190 in the event any ACHD conduits (spare or tilled) are ~ compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing ,~ and signed by the applicant or the applicant's authorized representative and an authorized v ~-H representative of the Ada County Highway District. The burden shall be upon the applicant to CC, obtain written confirmation of any change from the Ada County Highway District. :---+ .. 9. Any change 6y the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all Hires, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in t interest advises the Highway District of its intent to change the planned-use of the subject property unless awaiver/variance of said requirements or other legal relief is ;ranted pursuant to the law in effect at the time the change in use is sought. y ~-1---~1 Cv ~~ -~-~ ~-~l---i .-r ~~ L~---~ Cv .---, ~~ ACRD requirements are intended to assure that the proposed use/development tivill not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at ;87-6170. TARAwOOD.C`I~1 Conclusion of Law: Pa,e 6 CENTRAL C ~~ DISTRICT PR'HEALTH DEPARTMENT RAL DISTRICT HEALTH DEPA I~IENT Environmental Health Division -~s/~ Conditional Use # Preliminary /Final /Short Plat ?r,1 c~coc~ s. ~~iJ~c ~'~9,~- Return to: ^ Boise ^ Eagle ^ Garden City ,Meridian ^ Kuna ^ Acz I. We have No Objections to this Proposal ~ ~ ~.~r 2. We recommend Denial of this Proposal. _ _ _ _ _ _ - - ~ - ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrienu and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I !. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations, ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Oate: _Z/ /,~_/ Sf Reviewed By: ~-~~~~hI coax ior9i gym. «.. rror ReV12W 5112et -1 T ~ - ;, , L J V ~ lJ,.,_ 'j2a.~sr~ia & J?1!~n~dia~ ~Ivuyatia~ D~vfiu'ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208.463-0092 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 836}2 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: AZ-99-015 Annexation and Zoning for Tarawood Subdivision Dear Commissioners:. The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40,000 July 13, 1999 1~•FtnNK w. ;j'1'O1'rrLT.<) n'rr/U<r1k1^I A~711 ('l1UN?IIC1./11<y AT LAW G'lU wF:y'1• 1InYa vTR1Cl;T 11(11 ~1~. IIIAIIII 11V71~_ M•kA NiC W, FTUI'1'IC l .l ,il 'fRi,&MLON6 ('t Utl) 99ti-1020 J ISKKY A. i~'IfiP.'li Seer. ernt, c:t 1?, t 9y9 1"nl't~rM il.r. (~O N) JJU lU;S7 TRANSMIT''TED VIA FACSIMILE AND SE''NT SY U. S. MAIL Mayor Robert Corrie Councilman) Glenn Bentley City ut Mericiidr( City of. Mcridian 33 E. Idaho Street 33 B. Idaho Street Meri~ii~~n, Tn 83612 Meridian, ID 8.3692 Councilman (ion Anderson City of Mer:~dian 33 E. Idaho Street Mcridian, ID 836?_ Councilman Keith Bird c;lty of Merluldrr 33 E:. Idaho Street Meridian, ID 8364 Councilman. Charlie Rountree William E'. Giyray City of Meridian Meri.di.an City Attorney 33 E. ldaho Street I'. 0. Box 1150 Mi:riclidf), ID ^c3692 Mel-idi~n, ID Q3660 Re: Tarawnori Slit?~livi,inn Dear Mayor and Councilmen): I write as the c)wner of the propuscd Tarawood Subdivision which i~ ~chcdulcd for hc~rinq:; bciorc the Mcridian City Council on September 21, 1999 at 7::iU p.rn. The staff has recommended a 10 foot public easement along LUI. 3, Block 1 to tho Nine Mile Drain on the western boundary oC the Subdivision and, a ?.0 foot public easement between Lots "~ and 8, block 3 leading to the ltidenbaugh Canal on the P.c35LE3L'rl kwu-i(Jary (,L ~1(~: Su)Ja1V171UI(. Th(: Meridian Pianni.nq & %oning Cc,~mmission approved the Subdi.visioti subject to some publ i~- n(~(~nSti nn any ~~f i hr lnts that border the Ridenbauyh Cana]. Tarawood is a small 32 tor., Li11-in subdivision. The requirement of a 10 Loct publi(: e~~scment to the Nine Mile Drain cuts o£f d rlc~r:-buil(:iable lone half acre plat of land from Lot 3, Black 1 and diminishes the vall.~e vL Lot 3. If adjoining n~iyhhnrs do not purchase the one-half acre l.ot, my plans are to sell it with Lot 3, Block 1. Otwiously this cannot happen if the ruublic easement is required. Ir) ~(ddltl0n, moving the public easement would dramatically aitec>: rha vr,lue or the two (2) lut,5 adjacent to trie public easement, and rncans those lots will be di~cvunted to my fin::ancial derr.im~~r(L. SEP 17 '99 12 30 208 336 1020 PAGE.02 1 \ jr'\ ~~ September 1'1, 1999 Page Two The required 20 £oot public: easement on the~Ridenbaugh Canal would remove one lot. from t'he subdivision that is valued between 535,000.00 and 540,000.00. both easements are a,r no benetit to the public due to;,the fact that Nampa/Meridian Tr~ri~gatin 1>istrict`~~•will nb't allow public access to those e~semer.r.s. ,'Also, th'e easements arc not needed, duo tc the iact r_herP'are several points of access to both the Nine Mile Drain and the Ridanhaugh Canal in the immediate vicinity of Tarawood Subdivision. 1 have enclosed a vicinity Map of Tarawood Subdivision. Please note, (1) is E. Tutee SdLJ Dtive wiii~:ti wall. ~:IU55 Llrc Ricli:irbaugh Canal; (2) 1J the Hunter Lateral access which has been covered and could also provide access fer everyone i n `i'araw~~crl S~rl^c~', vi si nn: (?? i s a public right-of-way in the Sherbrooke Hollows Subdivision that. lies immediately adjacent to '1'ar.awood Subdivision; and, (9) is the crossing. of Shorthorn Avenue and the Nine Mile Crain which would provide access to the Nine Mile Drain. The granting of such easements would cost me loss of the value of those lots or, an actual loss an expensive lot for no justifiable reason, and without cc;mpPnsatior, to me. Such requirements are a taking without_ just rompensation in violaticn ut t_he t_akiny clause v£ t_tie United Sr.ar.es CQRSL1LULlOn, rifth Amendment, applied t_o the Stites r.hrough r.he Fourteenth Amendment of. the United States ronstitutic:ri. I specifically direct your attention to Dolan v. Clt_v U1: T1C1~SI'd,.~~1L (lam 374, 129 L Ed 2d 309, 119 S Ct 2309 (1999): Nollan vs. California Costal Commission, 983 US 825, 97 L Ed 2d 6'~'i, lU7 S Ct 3191 (1987). Both cases pertain to similar public easamenr requirements which were held to be unconstitutional. Tn nlosing, t.hPrP is little of any l~~~iiirnate state interest in recuiring me to provide public access tYiat (1) is not needed because of other access; (2) cannot now or in the immediate future, ever be useC for access; und, (:i) is required without compensation to the owner. Such a takiriy of my real property without rea~onablc compen~a~ior~ i:: a dcrii~l of my Con; titut.ional. Rights. I respectfully request Lhe City of Meridian remove the two requirements for public access across lots of the Tarawood Subdivision. SEP 17 '99 12 30 208 336 1020 PAGE.03 . ~ ~ September 1?, 1999 P~gp Thr.Pe Would you please make this letter part of the Public Record for hearings before tt~e City Council on September 21, 1999. Sincerely, ~. r'rank w. 5toppello 1lttornsy at I,aw FWS:jwf Enclosure SEP 17 '99 12 31 208 33b 1020 PAGE.04 ~' t, - too........ n.. /~ \\ _ R-4 I ' I ~ '~ ~ er.ea e.e]Oe - de rat sr / \ ~/ I i 4 1 r _, • i _ .._ ._......._. _... ~~ ~~^ _ - _ .. i _ __ . ~ '' ~•~ . e nw m.~ a _ _ ~ - a \ 0 N T~ ~ •N ~ ~ ~~~ 1 1 y' 17 12 11 '~ '~ e ` ~ 13 LOCK 3 '~ ~ 4 ~ s 10 ~ 18 ~, z 3~}~ 2 ~ ~= e 9 1S ~a 10 g • 6 ~~~} ~ E TwtAw00p Sf I 9 ~ ~Y , •~ 1 z ~ a 5 e ~ gyp. - -.~ r _ 8. ' ._... ~ I STS-8/CN~YN~t'Tt ~ '(,-- •~- ,' _ '~ e •..,. w, `'`• \~s ~~~ I a ., .' ' ~ ~ ._ i --- ..... ----! vIcINITY MAP z~woo~ svsnrvistorr PORTION SW 1/4 SECTION 20, T3N, R1 E. B.M. ADAC~OUNTY, ID/~AHO SCAIE_ 1".~ 300' TOTAL P.05 SEP 17 '99 12=31 208 336 1020 PAGE. OS C v .. m. ~ ~__ ~ ~~ ^- C~c 9 /.~,/ Ll /~V=! E r~ ~ ~ T`I2ANIt- W • ~TC)I'PLLIA 1 1,,.\ A't'Tt rlt N1ZY~ ANI~_ t't tt'NaF~i,OR:i A'1' 1•AW ' . 6'Ltt wx~'r IIA\'N ~TNY. K'1' ,' ,_+ Iliit`tl•:, LllAll~~ na91r2 T1CLE1 HUNtL (YOA) :IAR.10~0 'FRANX'W, rcl'!)f•I`RLL!) Inn<:t'tI?SZLB ('L UN) w1.: in27 .1KRRY A:-HINKH ~;la~~ramher 20, "1939 ~. REcE'~D =Transmitted Vid Eacsimi~lc to c2o8~ see-4218 SAP 2 0 1999 w ! ~. i °~: r g CITY OF MERIDIAN Meridian City Clerk 33 E._Idaho Street Meridian, ID 6369?. Ke: 1'drawood Suk~c~ivi~i(~i, Dear Mr. Berg: Enclosed is a letter ~ senC ~o Mayer. Robert Corrie and the CityyCounci.l last Friday. I apolorizP-for not transmitting this to you last.. Friday. gincerPiy," ' . ° ~/ ~ r'rank w. 5toppPilo Atr.orncy at I.aw +~ F FWS•~wf Enclosure ' .F t ... ~ ~ w ~t°a § 6 .. i t. d SEP 20 '99 10 00 208 336 1020 PAGE. 02 • FRANK w. ~3TOYF'1;LI~() .\TT(N2NRYK A.iV!) ('f,11NW{r,(>RH A'P !.n \V H2U WRNT ItAYR y'1'kF.ET nuf~rt, tU,Vw n,wuz F^KAlVK W: STOPPCLL~f •!`lkl.RFIIONI{ i1AN) 3AfS.1020 .l fL R(rY .t. KI~~F.R Sr,Pt P.mh P.r 77, 1999 )~'at'a!M!l.R CZOtt~:ssn-1uY7 TRANSMITTED VIA FACSIMILE AND SENT BY U.S. MAIL Mayor Robert Carrie Councilman Glenn Bentley City of Meridian r.iry of Meridian 33 E. Idaho Street 33 E. Idaho Street Meridian, ID 83642 Meridian, ID 83692 Councilman Ron Anderson City of Meticlian 33 E. Idaho Street MPric3ian, ID 83692 Councilman Keith Bird City of Meridian 33 E. Idaho Street Meridian, ID 83642 Councilman Charlie Rountree William F. Gigray City of Meridian Meridian City Attorney 33 E. Idaho Street P. :?. aox 1130 Ncridi~n, ID ©3642 Moridi5n, ID 83680 Re: Tarawood Subdivision Dear Mayor and Councilmen: I write as the owner of the proposed Tarawood Subdivision which i~ :.cheduled for he~ring~ bcfocc the Meridian City Council nn September 21, 1999 at '7:30 p.m. Ttie staff has recommended a In fao~ public easement along Lot 3, Hlock 1 to the Nine Mile Drain on the western boundary of the Subdivision and, a c0 t"act public easement between [,cr.s 1 and 8, Rlock 3 leading to the Ridenbaugh canal cn the eastern boundary of L'tle SU}JU1V151On. Tt1C Meridian Planning b Zoning Comrnis:~ion approved the Subdivision subject to come, public access on any of the 1.nrs tr,at. harder the Ridenbaugh Canal. Tarawood is a small 32 lot, fill-in subdivisicn. The requirement of a 10 foot public easement to the Nine Mile Drain cuts off a non-buildable one-half acre pidL ut land from Lot 3, Block 1 and diminishes the value of Lit 3. If adjoining neighbors do not purchase ttte on?-hal f ;~~r~ lit, my Plans are t.o sell it with Lot 3, Block 1. Obviously this cannot happen if the public easement is required. In addition, moving the public easement would dramatically affect the value of the two (2) lots adjacent to the public easement, end means r.tiose lots will be discounted tc my financial dCl,LllllCllt. SEP 20 '99 10 00 208 336 1020 PAGE.03 • September 17, 1999 Page Twc~ 'f he required 20 foot. public easPmorit on the Rideclk~augh Canal would remove one lot from the subciivisiori that is valued between $3,000.00 and 340,000.00. Roth easements are of no benefit to the public due to the fact tt;at Nampa/Meridian Irrigation Uisr.rict will not allow public access to those easements. Also, the easements are not needed, due to the fact there are several points of access to both the Nine Miie gain and the Itidenb4ugh Canal in the lII1rIlC'Cji.dLG' vicinity of Torawood Subdivision. I haves en~losPd a Vicinity Map of Tarawood Subdivision. 1'J.ease note, (1) is E. Thrap Fars nrivP which will cross the Ridenbaugh Canal; (2) is the Hunr.er Lateral access which has been covered and could also provide access for everyone in Tarawood Subdivision; (3) is a public right-oi'-way in the Sherbro~~ke fivllc~w; Subdivision t_hdt lies immediately adjacent to Tarawood Subdivision; and, (4} is the crocsing of Shorr.horn Avenue and rh•~ Nine Mile Crain which would provide access to r.he Nine Mile Drain. The granting of sue:t~ easements wrn~ld cost me loss of the value of those lots or, an actual loss an expensive lot for no justifiable reason, and without compLrrSatiui+ Cu me. Such requirements are a taking wil.hout just compensation in violation oC ti-,c raking clau~c of the United S~ <arPc ~'nnsr.it>>tion, Fifth Amendment., applied to the States through the Courteenth Amendment of the United States Constitution. I Specifically direct your attention to Dolan v. City of Tiaard, 512 U~ 374, 129 L Ed 'Ld 304, 114 S c;c 2309 (1994} ; No11,3n vs. C~-~lifornia Costal Commission, 483 U5 82ti, y7 L Ec,i zc1 677, lU7 Ct 3141 11997). Both cases pertain to similar public easement requirements which were held to be unconstitutional. to closing, there is lit~le of any legir.imate state interest in requiring me to provide public access that (1) is not needed because of other access; (2) cannot now or in the immediate tlltUre, ever be Used fU1 acceya; at~J, (3) is required without compensation to the owner. Such a taking of my real property without reasonable compens:ari~n is :a ~iPnial of my Constitutional Rights. I respectfully request the City of Meridian remove the two requirements for publi.r. access across lots of the Tarawood Subdivision. SEP 20 '99 10 01 208 336 1020 PAGE.04 3cptcmber 17, 1999 Page Three would you please make this iette~r part of the Public Record for hearings before the pity ~ouncii on September 21, 1999. incerely, W ~ Frank w. Stoppello Attorney dt Law r.~J CW~:jaf Enclosure SEP 20 '99 10 02 208 336 102@ PRGE.05 t 1 I ,,, _ ~ R-4 rf ~y 1~. 7 - - - r ' .... .....,.. ~~ •~ ~ ,` ,~ ,~ ~~ f.. ~ _ ~ ~ `\ /,..cc....o.~J /..... a. r. ~ i~ \ ~~ /.Mrl/Y/O.._ __~... .. _.... .. 4 .v ~.vv-,~io v~~ •/ r . eio /r../cwfa ._. . ~ I )~ / ~,.. f/.. a g ~~ - - -------- - 3 l ~ •` _ • . 0 N E-;C T/ f v ~~ '~i1 3 t B O "' 17 t 2 t t ' a u 6 8 7 t0 ~ t8 t9 ~ LOCK 3 '~ ' Z S 10 ~~e~2 s~ G s g c t 5 t o 9 6 e ru~wooo sr . 4~Q~0 54~s 7 e~ocK ~ ; '~ tpti .S. _. ••-.-, ~ .. ...._4 oafs O~5• • 'R-a• ~~ ~ ~'- , .• •~ f- ._ .. .., ., ~ , SEP 20 '99 10 02 .VICINITY MAP T~woou suBOrvisior~ PORTION SW 1/4 SECTION 20, Y3N, R1E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 300' 208 336 1020 TOTAL P.06 PAGE. 06 FRANK W. STUPPELI.,O AT'Ir)prBYn AIYD COVNNNI~c)NM AT LAW OLLO W6MT IIAYH HTR$$T FRANK w. MTOI'Pit/1.0 TSLSPNONS ~OBI~-J3B•1040 7SRRY A. KIN&R YACIfI~tIL.E ilOe~ 98s-IOY~ Fg},~ TRANSMiSSiON DATED: FAX NO . ~~I) ' ~~I NAME : \N,1 ~X ~Y ADDRESS _ ~CP,~~~,~1(~.~n C~~~ CI,Q, ~~ RE : 1 V~.~GI..LJ~) ~~~)~ ~,~ ~C~,~~l l SI D~ TOTAL NUMBER OF PAGES (Including this Cover): FROM : ,l .V1~,~~~ pS~l COMMENTS: Original Documents Will: ( ) Follow by regular mail ( ) Follow by Express mail (X) Not be sent If you had any problems receiving this entire transmission, please call the sender at (208) 336-1020. SEP 20 '99 09 59 208 336 1020 PAGE. 01