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Home My WebLink AboutOliason Park Subdivision AZ (2) HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 88~-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION 8~ ZONING FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 1 NOTICE OF HEARING • NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on December 15, 1998, for the purpose of reviewing and considering the application of for annexation and zoning of approximately 2.84 acres of land which is generally located east of 603 E. Pine. The application requests a zone R-8. Further the applicant requests preliminary plat approval of the parcel of land above described for 11 residential lots for proposed Oliason Park Subdivision. Further the applicant requests a variance for less than 65 foot minimum street frontage on single-family residential lots in an R-8 zone. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 23`~ day of November, 1998. PUBLISH November 25th and December 9th, 1998. r ILLIAM G. BERG, JR., LERK ~,v1et~~; ~y iitiltliit~~~~~r ,`~~}~`t -mss ''~~ `'r ~~ ti BY/Yi /~ •,~~fy,~ T 13'~ • ~p . /~s3AD' l= 1~ I ~I ~ x_.1__1 ~ 1 .~.. ~ ,,, TT~~~f OLIASOAI PARK SGIB'D. ..nno~rr ,,``,,~~ 1 I ~lWV1~~lAfdd ~ ~ ; g 1 1 1 1 1 1 ~~ AMks'IVU~' ul 1 1 1 _..... _..J I .umu..ro ~ .I. J. HOWARD ENGINEERING & SURVEYING 1675A Hill Road BOISE, IDAHO 83702 (208) 344-0574 ,~.--, L-O a L .___-- -----__ Yl~hli'TY MAP _ _: _. I~ U NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on October 13, 1998, for the purpose of reviewing and considering the application of for annexation and zoning of approximately 2.84 acres of land which is generally located east of 603 E. Pine. The application requests a zone R-8. Further the applicant requests preliminary plat approval of the parcel of land above described for 11 residential lots for proposed Oliason Park Subdivision. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 8~' day of September, 1998. 19V~'~ R-`- ~ ._. s .. ~~~~ ~_ WILLIAM G. BERG, JR., CI CLERK PUBLISH September 23 and October 7, 1998. ' • • ~;~ ~ -4v i ~ PUBLIC WORKS 2088871297 TO 34405' '~ ~~; ~. CITY OF MERIDIAN 33 East Idalw Street, Meridian, ID 83642 Phone: {208) 888-4433 Fax: (208) 887-4813 a * ' -g1~~ ~W'~ C31`Y ~~' ~`~,:,, ~ ~~ APPLICATION FOR_ _ ON AND ZONING OR RFC PRUPUSEll NAME uF ~~~~ ~~ GENERAL LOCATION; ~a~ ~ T 1 l~ /TL~eit/111~~ INDUSTRIAL, COMMERCIAL): ~~~ I ~~~%/4--~"~u~'- TYPE (RESIDENTIAL, ACRES OF LAND IN pROPOSF.n ANNFXATICIN; ~- ~ ~ ~- PRESENT LAND USE: PROPOSED LAND USE: PRESENT ZONING DISTRICT: ~ `~ PROPOSED ZONI:t~TG DISTRICT: APPLICANT: ADDRESS: ~ti G]NEER, SURVEYO OR PLANNJ ADDRESS: ~D ~ ~~~ OWNER(S) OF RECORD: L/, ADDRESS: ~-~ ~~~~ ~S c~ ~! O "~ ~ ~~~~~ ..~- I ~1~U ,~~-PHC ~. ~ --~ ~- %~ a~ ~~~!~ ~ ~ _ Meridian Planning and Zoning Commission Please accept this letter as our formal request for annexation, zoning to R8 and approval of our 10-lot single family home subdivision plat. This in-fill parcel will very closely match the existing-.home development and appears to meet all comprehensive plan requirements of the City of Meridian. We further agree to post the proper notices at least 1 week prior to the public hearings. We hereby affirm all of the enclosed and attached documents are true and correct. Thank you for your consideration in this matter. ~~~ Virgini, !Jennison Owner T y Hickey Broker rtY.,-1~-i'7`~~ Uy~~-l riUNttt~' f 1 iLt 1..U5T SER'JiL ~V~ J I J ..,Jbli J r. LJ ~: ~G 1?2?UUh~i~ ,~aRANTY DEf~ FOR VALUE RECEI'!ED. RECEIPT ('F KNiCH IS HEREBY ACKNOWLEDGED. DORiS KATHLEEN OLIASON GOES HEREBY AND HEREWITH GRANT, BARGAIN. SELL AND CONVEY UNTO DORIS KATNLEEN OLIASON AS TRUSTEE OF THE DORIS KATNLEEN OLIASON FARILY TRUST, IN TRUST. THE FOLLOIIING REAL PROPERTY. TO WIT: THE PEST 333.5 FEET OF LOT 1. OF THE ONVILEY SUBDIVISION. ADA COUNTY IDAHO TOGETHER YITN AlL APPURTENANCES .~ ~ ~;; THERETO. p~ ~'~. DATED _ ' /~. /qq/ ~;~a'EU DORIS KATNLEEN OLIASON STATE OF IDANO ) COUNTY OF ADA ) ON THIS /~-DAY OF ~~~. 1991. BEFG..E ME. A NOTARY PUBLIC FOR iDANO. Pcc-RSONALLY APPEARED DORiS KATHLEEN OLIASON, KN01tM TO nE ?0 BE THE PERSON YHO EXECUTED THE ABOVE SIGNATURE. aND SNE aCKNOwlED6ED EXECUTiN6 THE SAnE. 1 ~ , ~ DATED: /D-/G- 9 / ~ ~ • • IDANO NOTARY PUBLIC ~ ~ I ~:: ~ ' , ` COnnISSION EXPIRES:B-1'k-l~~ ~:~:%~ .;;.: - +; r _ .~ v '° 1 ~ Y • •.. :~ . .:• ; . ..: El~'~'.'f syo~:ss~7 ISC :.1 ~ tG n '9 ~ , FEc -~" .. ~ ~`~~i ~ .. _ - . -~ ~~'-~ ~ ,. f TOTAL P.~2 April 22, 1997 To whom it may concern: This letter is to inform you that Tony Hickey, Broker for Avante' PM, has the authority to act on behalf of the Virginia Jennison Family Trust in regards to the properties placed with Avante' PM for management by the Virginia Jennison Family Trust. Vi inia J nison, Trustee, Date Virginia nnison Family Trust ~/ /--~~ T y Hickey ker Date Avante' P State of Idaho S.S. County of ~dw ) On this ~_day of ~ , in the year of 19~, before me / ,personally appeared ~ r;tt~ ~~ rY r ~t rLl. ,l ~,,, ; ~ E~i-~ ,proved to me on the basis of satisfactory evidence to be the persons whose name is subscribed to the within instrument, and acknowledged that she executed the same. i otary Pubic My Commission Expires on .-~'~/''~~ 1'i PROPERTY DESCRIPTION FOR OLIASON PARK SUBDIVISIONANNEXATION A parcel. of land being the west 333.50 feet of Lot 1, Onwiler Subdivision, lying in the NW 1/4 SE 1/4 of Section 7, T.3N., R.lE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the 1/4 corner common to Sections 7 and 8, T.3N., R.lE., B.M., Ada County, Idaho; thence, 5.89°00'00"W. 2647.59 feet along the north line of said SE 1/4 to an iron pin marking the Center'/4 corner of said Section 7 and the Northwest corner of Lot 1, Onwile~AL POINT OF BEGINNINGCo~Ty Recorder, Boise, Idaho, said point being the Thence along the north line of said Lot 1, N.89°00'00"E. 333.50 feet; Thence, 5.00°00'26"E. 398.46 feet to the south line of said Lot 1; Thence, N.90°00'00"W. 333.50 feet to the Southwest corner of said Lot 1; Thence, N.00°00'00"E. 392.64 feet to the REAL POINT OF BEGINNING, said parcel containing 3.03 acres. Ey61~cfR.~~~ ~61Stfq ~6 F~ fd 2471 ~ ~Y :~~~ ° ~ ~ p F ~0 ~`( V\ _/ . H ~i C:\word\documents\legals\oliason. doc a~r~ ~a~v P~~K ~~~ :PROPERTY OWNERS WITHIN 3(~+ 81724220160 CARDOZA JOHN C TRUST CpRDOZA JOIiN C LIFE ESTATE CARDOZA JOHN C TRUSTEE 999 N MAPLE CREEK AVE MERIDIAN, ID 83642-4053 S1107131220 STUTZMAN D'ARLJ/NE Y 1960 E FRANKI-IN RD MERIDIAN, ID 83642-5906 639 E STATE AVE S1107131240 HVEZDA MAYLAN J & I.ILI-TAN B 63S E STATE AVE MERIDIAN, TD 83b42-2354 81724220170 THOMPSON KEVIN J ~ JOANNE 975 N MAPT..E CREEK AVE MERIDIAN, ID 83642-4054 RIS7$000065 JACOBSEN MAR]OR1E _ S35 E 5TATE AVE MERIDIAN, ID 83642-2352 R1S7800W55 Ski .i _NER GEO R & MARGARET' PO BOX 544 MERIDIAN, ID 83680-0544 527 E STATE AVE 81578000045 NEDDO VIRGINIA S 15 E STATE ST IvIERIDIAN, ID 83642 81724220180 PAGE JAME5 STEPHEN ~t JILL L 9S3 N MAPLE CREEK AVE MERIDIAN, ID 83642-4054 81724220200 MORTON MF,LISSA M 932 N CItE.STLEY AVE MERIDIAN, ID 83642-4055 Ri724220190 SASSER AARON M AND SASSER GALE M & SHERRY K 931 N MAP1-E CREEK AVE MERIDIAN, ID 83642-4054 S11071.31250 TORKEI-SON HENRY O 7R & VELDEEN pp BOX 501 MERIDIAN, ID 83b80-0501 646 E PING AVE 81578000005 COLEMAN MICHAEL R,SR 532 E PINE AVE 11~RIDIAN, ID 83642-2339 81578000010 MEYER JOHNNY P 8c HELEN J 2245 KNOLLCREST CIR BOISE, ID 83709-2716 526 E PINE A'VE 81578000015 KETTLES DAVID W & DEBBIE 520 E PINE AVE MERIDIAN, ID 83642-2339 j p, z , f 3 ~ ,' 81578000020 S1107314810 WllYTERS BRIAN L ~ SOMA K G805S0 ESTHER V 514 E PINE AVE 523 E PINE AVE MERIDIANV, ID 83642 MERIDIAN, 1D 83642-2338 86576000250 51107314820 STRATE W EUGENE DARNER JOLENE 745 E PINE AVE 513 PINE AVE MERIDIAN, ID $3642-593'7 MERIDIAN, ID $3642 513 E PINE AVE 86576000200 DAMS VOYLE C & GE08GENE M 51107314840 721 E PINE AVE TAGGART RETA K MERIDIAN, 1D 83642-5937 830E 05TH AVE MERIDIAN, ID $3642 86576000150 STRATE W EUGENE S 1 ]07314878 WILKINS HAROLD P HOOVER LYND 745 E PINE AVE 3420 SUGAR CREEK DR MERIDIAN, ID 83642 MERIDIAN, ID $3642-1153. 707 E PINE AVE 534 E IDAHO AVE 86576000037 51107314872 OLIASON DORI5 K FAMILY TRUST TUCKER C BRENTON ]ENIVISON VIRGINIA TRUSTEE X28 E IDAHO AVE 4511 N LINDA VISTA LN MERIDIAN, ID 83642-2642 BOISE, ID 837042819 603 E PINE AVE 51107314860 MUSIC SANDRA K 86576000007 516 E IDA~IO AVE ODGEN PATRICIA DIANE & MERIDIAN, ID 83642-2642 GRIFFITH WII,LIAM L 603 PINE ST 86576000300 MERIDIAN, 1D 83642 MORTON MAR.GARETTE TRUSTEE MARGARETTE MORTON TRUST S 1107314800 WEST ONE TRUST DIVISION CRONIN DAVID C ~ KATHLEEN M 101 S CAPITOL BLVD 533 E PINE AVE BOISE, ID 83702-5958 MERIDIAN, ID 83642-2338 603 E IDAHO AVE r ~ x`.2336020015 THOMPSON JAMES R 521 E IDAHO AVE MERIDIAN, YD 83642-2641 82336020005 CREED ELBERT ALAN 535 E IDAHO AVE ME8IDL4N, ID 83642-2641 82336020095 JEM5 LTD PARTNERSHIP 909 WYNDEMERE DR BOISE, ID 83702-1366 526 E BROADWAY AVE 82336020105 CRAWFURD C:LIFFURD M dk l3UNNtE 13 4616 SHASTA ST BOISE, ID 83703-4128 532 E BROADWAY AVE 81578000025 Anderson, Stanley & Marie 5151 Umatilla Ave. Boise, 83709-6148 S1107314830 Swetland, Wilmer & Marlene 505 E. Pine. Ave. Meridian, Idaho 83642-2338 S1107314850 DeBoer, Douwe & Ruby 506 E. Idaho Ave. Meridian 83642-2641 82336020040,30 Fuhrman, Kent 513 E. Idaho Ave. Meridian 83642-2641 82336020075 O'Keefe, Cornelius & Sally 4754 Willow Lane Boise 83703-4350 82336020085 Bentley, Teresa 2929 Wildwood St. Boise 83713-5072 ** TOTAL PAGE.03 ** ------------------------------------------------------------------------ i • CITY O~ MERIDIAN ORDINANCE NO. 809 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); 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 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land being the west 333.50 feet of Lot 1, Onwiler Subdivision, lying in the NW 1/4 SE 1/4 of Section 7, T. 3N., R. 1 E., B.M., Ada County, Idaho, said parcel being more particularly described as follows: OLIASON PARK SUBDIVISION ANNEXATION AND ZONING ORDINANCE ., , a • • Commencing at the Brass Cap marking the 1/4 corner common to Sections 7 and 8, T. 3N., R. lE., B.M., Ada County, Idaho; thence, S. 89000'00" W. 2647.59 feet along the north line of said SE 1/4 to an iron pin marking the Center 1/4 corner of said Section 7 and the Northwest corner of Lot 1, Onwiler Subdivision, records of the Ada County Recorder, Boise, Idaho, said point being the REAL POINT OF BEGINNING; Thence along the north line of said Lot 1, N. 89000'00" E. 333.50 feet; Thence, S. OOo00'26" E. 398.46 feet to the south line of said Lot 1; Thence, N. 90000'00" W. 333.50 feet to the Southwest corner of said Lot 1; Thence, N. OOo00'00" E. 392.64 feet to the REAL POINT OF BEGINNING, said parcel containing 3.03 acres. 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 Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5 : The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of 199 OLIASON PARK SUBDIVISION ANNEXATION AND ZONING ORDINANCE 2 + i _ SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The 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, all in compliance with Idaho Code §63- 2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~-- day of ~r.Gti~L , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of Gtr-~c~i-~ , 1999 ~~ MAYOR ,,~k~-~~~,,~~t CITY CLERK msg~D:WlyFiles~Meridian City PARK SUB.WPD c~~~ '~-r ~~b s E TIO~NI O~ OLIASON PARK SUBDIVISION ~~'~'~.t . `~~`~`~,• ANNEXATION AND ZONING ORDINANC~''r""""""`~ ORD FOR OLIASON 3 ~ ! ~~ • MERIDIAN CITY COUNCIL MEETING: JANUARY 19 1999 APPLICANT: TONY HICKEY ITEM NUMBER: 2 REQUEST: DEVELOPMENT AGREEMENT FOR OLIASON PARK SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS SEE ATTACHED MINUTES ADA COUNTY STREET NAME COMMITTEE: ~ ~ ,~-~D CENTRAL DISTRICT HEALTH: V~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHE All Materials presented at public meetings shall become property of the City of Meridian. ~. ~ ~~~ RECORDED- ~ 'ESI F •Mi:A ~GUNTY RECQ _ 1. ~A'~ID NAVAR~ ~~bP~E~N'~GREEMENT 9 9 Q ~ ~ ? (~ ~ 2 q.JA 21 Prh I ~~~ (o THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~~'~ day of ~ ~~~.re-~.,- " , 199, by and between CITY OF MERIDIAN, a municipal core anon of the State of Idaho, hereafter called "CITY", and THE VIRGINIA JENNISON FAMILY TRUST BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY, hereinafter called "DEVELOPER", whose address is 2090 S Cole Road, Boise, Idaho 83709. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of Medium Density Residential District (R-8) , 11-2-408 (B) (4) (Municipal Code of the City of Meridian), with a conditional use permit and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning & Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT PAGE OLIASON PARK SUBDIVISION .~ ~ i subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning ~ 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 5th day of January, 1999, has approved certain Findings of Fact and Conclusions of Law and Order of Decision Granting Variance, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT OLIASON PARK SUBDIVISION PAGE NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance Medium Densit Residential District (R-8) codified at section 11-2- 408 (11) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT PROPERTY: 4.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: DEVELOPMENT AGREEMENT PAGE OLIASON PARK SUBDIVISION 4.1.1 Any existing irrigation drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605M. 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. 4.1.2 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 maybe used for non- domestic purposes such as landscape irrigation. 4.1.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606B. 4.1.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Malce any corrections necessary to conform. 4.1.5 Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 4.1.6 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 4.1.7 Sanitary Sewer service to this site will be via and extension from the existing trunk main that traverses along Five Mile Creek. 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. Applicant proposes extending a private sewer main into the project in a dedicated easement. The City of Meridian will not own or maintain this line from the manhole in Idaho Street north. 4.1.8 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 DEVELOPMENT AGREEMENT PAGE 4 OLIASON PARK SUBDIVISION main sizing and routing with the Public Worlcs Department. 4.1.9 The temporary turnaround shall be constructed to ACRD design criteria, including, but not limited to HS25 loading requirements for pavement design. Subdivision designer can contact Bruce Freclcleton in the Public Worlcs Department for geometric requirements. 4.1.10 The preliminary plat indicates several open ditches within or adjacent to the subdivision boundary, however no existing ditch easements are shown. Show any existing easements of record. 4.1.11 Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Bloclc 1. Fees are to be paid prior to signature of City Engineer on the final plat. 4.1.12 Applicant has to indicate whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa SL Meridian Irrigation District. If the system is to remain a private homeowners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O & M manual must be submitted prior to, plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 4.1.13 Submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 4.1.14 The Applicant shall provide information sufficient to determine the highest normal ground water elevation DEVELOPMENT AGREEMENT PAGE 5 OLIASON PARK SUBDIVISION (sustained), that could be expected on the project site. 4.1.1 S Roadway and roadway approaches to be approved by the ACHD. 4.1.16100 watt high pressure sodium street lights will be required at locations designated by the Public Worlcs Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4.1.17 Due to the fact that this subdivision is on a collector street that is expected to carry high volumes, a 20-foot-wide planting strip is required. The planting strip should be extended across Lot 1, Bloclc 1, with a consistent plan, which will be .reviewed for approval prior to signature on the final plat. Setbacks for the lots that have not been built on should be determined from the landscape setback line. 4.1.18The minimum residential house size is 1301 feet, exclusive of garages, as determined by the Uniform Building Code. Entrance or porch areas, breezeways, or patios may not be included as part of the square footage. Revise covenants to comply with City Ordinance. 4.1.19 Application for variance from the minimum frontage requirement of 65 feet must be approved. 4.1.20Applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. 4.1.21 The Central District Health Department will approve this project with written approval from the appropriate entities submitted in regards to the central sewage and central water. Plans for the central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. DEVELOPMENT AGREEMENT PAGE 6 OLIASON PARK SUBDIVISION 5. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 7. REQUIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. 8. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT PAGE 7 OLIASON PARK SUBDIVISION 9. DEFAULT 9.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 10. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 10.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 10.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for DEVELOPMENT AGREEMENT PAGE 8 OLIASON PARK SUBDIVISION i such performance shall be extended by the amount of time of such delay. 11. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 12. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 13. 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. 14. Notices: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian City 33 E. Idaho Ave. Meridian, ID 83642 Virginia Jennison Family Trust c/o Tony Hickey, Agent for said Trust 2090 S. Cole Road Boise, Idaho 83709 DEVELOPMENT AGREEMENT PAGE 9 OLIASON PARK SUBDIVISION with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. Binding upon Successors: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited 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. DEVELOPMENT AGREEMENT PAGE 10 OLIASON PARK SUBDIVISION • 18. Invalid Provision. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 19. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 19.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 20. Effective Date of Agreement. This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerlc. DEVELOPMENT AGREEMENT PAGE 11 OLIASON PARK SUBDIVISION ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: VIRGINIA JENNISON FAMILY TRUST BY: T ny cey, authori agent for The Virginia Jenni n Family Trust BY RESOLUTION NO. CITY OF MERIDIAN BY: Robert D. Corrie Attest: C City Clerk BY RESOLUTION NO. ~ ~.~`{~ w~ .~ ~` w ~~~~~~•• rw ~.Lii~ :~ ~ ., I f~~~9 ~~~~ @~ ,, DEVELOPMENT AGREEMENT PAGE 12 OLIASON PARK SUBDIVISION • ~~ STATE OF IDAHO) :ss COUNTY OF ADA) ~0.v.ut~r ti i ~l ~ `~ On this day of ~Ne~n~cr, in the year -~-~, before me, _~~~ ~~- dv~er , a Notary Public, personally appeared Tony Hickey, duly authorized agent for the Virginia Jennison Family Trust, known or identified to me to be the of said Virginia Jennison Family Trust, and also who executed the instrum t or the person that executed the instrument on behalf of said ,Virginia Jennison Family Trust, and acknowledge to me having executed the same. ,..; ~~, ~ .,~ ,,' ~`~ ,~. ,, :'( ~ ~'..~s -_ otary Public or Idaho . ~ -. ` , ~~ ~ `~ Commission ex ires: a'~/~3~~ - ~ P . (~ ..... ' ~ - ~. STATE OF IDAHO) :ss County of Ada ) On this day of ~,/1. , in the year 199 before me, ~c~,,Q ~i(~Yw~ , a otary 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 s~ i ~~ l~ty execut~d the same. (~) ~ otary ublic for Idaho ._ sus ~~ Commission ex ires: (~~ (,~ A~BL1 .• a P ~~Pi ~~ ~®O~OOY...~. 1Z10,0,,~ msg\D:\MyFiles\Meridian City FileWgreement\OLIASON PARK SUB DEVELOPMENT AGREEMENT.GIGRAY.doc DEVELOPMENT AGREEMENT PAGE I3 OLIASON PARK SUBDIVISION • EXHIBIT A Legal Description Of Property • DEVELOPMENT AGREEMENT PAGE 14 OLIASON PARK SUBDIVISION PROPERTYDESCRIPTION FOR OLIASO~V PARK SUBDI VISION ANNE~4 TION A parcel of land being the west 333.50 feet of Lot 1, Onwiler Subdivision, lying in the NW '/4 SE '/4 of Section 7, T.3N., R.1 E., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the '/4 corner common to Sections 7 and 8, T.3N., R.lE., B.M., Ada County, Idaho; thence, S.89°00'00"W. 2647.59 feet along the north line of said SE'/4 to an iron pin marking the Center'/4 corner of said Section 7 and the Northwest corner of Lot 1, Onwiler Subdivision, records of the Ada County Recorder, Boise, Idaho, said point being the REAL PDINT OF BEGINNING; Thence along the north line of said Lot 1, N.89°00'00"E. 333.50 feet; Thence, S.00°00'26"E. 398.46 feet to the south line of said Lot 1; Thence, N.90°00'00"W. 333.50 feet to the Southwest corner of said Lot 1; Thence, N.00°00'00"E. 392.64 feet to the REAL POINT OF BEGINNING, said parcel containing 3.03 acres. ~SS~~a~~6~~s tERF ~D~~ 4 ~ 9< 4 is ` 2471 '9 9 ` O OF 1a p, F S ~. H 0~~ ~~'~(~ EXHIBIT B Findin s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT PAGE 15 OLIASON PARK SUBDIVISION • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF THE VIRGINIA DENNISON FAMILY TRUST BY THEIR DULY AUTHORIZED AGENT, TONY HICIGEY 603 PINE FOR ' SST OF ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS This matter coming on regularly for public hearin befor on the 15~' day of December, 1998, and im g e the City Council J Howard of J. j. Howard Engineering having appeared and testiFed in favor of the application and the City Council having received the nO one appeapng in opposition and staff report, and the record made before the Plannin and Zoning Commission, and being fully advised in the r g p emises the Council finds and concludes as follows: FINDINGS OF FACT 1 ~ A notice of a public hearing on the anne:cation an d zoning was published for two (2) consecutive ~veelcs prior to the said ublic P hearing scheduled for December 15, 1998, before the City Council, the first publicatio n appearing and written notice having been mailed to property owners or purchasers of record within three hundred FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OVER GRANTNG ANNEXATION AND ZONING APPLICATION SUBJECT TO CO'VDITIONS VIRGINIA DENNISON FAMILY TRUST / TONY HICI:EY DULY AUTHORIZED AGENT - 1 • (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 tl.~e December 15, 1998, 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-b511; and §§11-2-416 and 11-2-417 of the Municipal Code of the City of Meridian as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The City Council adopts as its Findings of Fact those Findings of Fact numbers 1 through 26 of the Findings of Fact and Conclusions of Law and Recommendation to City Council made in the above entitled matter by the Planning and Zoning Commission which are incorporated herein by reference as if set forth at length. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA JENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 2 • 4. The City Council adopts as a Finding of Fact, Conclusion of La~v no. 6 of the Findings of Fact and Conclusions of La~v and Recommendations to City Council made in the above entitled matter by the Planning and Zoning Commission which is incorporated herein by reference as if set forth at length. CONCLUSIONS OF LAW 1. The City Council adopts as its Conclusions of Law those Conclusions of Law numbers 1 through 5 and 7 through 17 as are set forth in the Findings of Fact and Conclusions of Law and Recommendation to City Council made in the above entitled matter by the Planning and Zoning Commission which are incorporated herein by reference as if set forth at length. 2. Idaho Code § 67-b511 provides in part that: The zoning districts shall be in accordance with the adopted plan; and that particular consideration shall be given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction of the City of Meridian. 3. Idaho Code § 67-6511(d) provides that in the event the City Council adopts a zoning classification pursuant to the request of the applicant based upon a valid, existing Comprehensive Plan and Zoning Ordinance of the City, the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA JENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 3 • Council shall not subsequently reverse its action or otherwise change the zoning classification of the subject real property without the consent in writing of the current property owner for a period of four (4) years from the date of the granting of the applicant's request for zoning of the subject real property. 4. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which act is known as the "Local Land Use Planning Act of 1975." DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS: 1. That the applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. The (R-8) Medium Density Residential District shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and 3. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-~vit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA JENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 4 • CJ 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-b05M. 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. 3.2 Any e~cisting 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 11-9-606B. 3.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform., 3.5 Coordinate fire hydrant placement with the City of Meridian's Public Worlcs Department. 3.6 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 3.7 Sanitary Sewer service to this site will be via and e;ctension from the existing trunk main that traverses along Five Mile Creek. 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 Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Applicant proposes extending a private sewer main into the project in a dedicated easement. The City of Meridian will not o~vn or maintain this line from the manhole in Idaho Street north. FINDINGS OF FACT AND CONCLUSIONS OF LA`V AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA DENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - ~ 3.8 Water service to this site will be via e.Ytensions of e.~cisting 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. 3.9 The temporary turnaround shall be constructed to ACRD design criteria, including, but not limited to HS25 loading requirements for pavement design. Subdivision designer can contact Bruce Freclcleton in the Public Worlcs Department for geometric requirements. 3.10 The preliminary plat indicates several open ditches within or adjacent to the subdivision boundary, however no existing ditch easements are shown. Show any e;dsting easements of record. 3.11 Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Block 1. Fees are to be paid prior to signature of City Engineer on the final plat. 3.12 Applicant has to indicate whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa &. Meridian Irrigation District. If the system is to remain a private homeowners association system, plans and specifications shall be reviewed by the Public Worlcs Department as part of the development plan review process. A draft copy of the pressurized irrigation system O ~ M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to FINDINGS OF FACT AND CONCLUSIONS OF LA~V AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA DENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 6 • signature on the final plat by the Meridian City Engineer. 3.13 Submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 3.14 The Applicant shall provide information sufficient to determine the highest normal ground water elevation (sustained), that could be e,~cpected on the project site. 3.15 Roadway and roadway approaches to be approved by the ACRD. 3.16 100 watt high pressure sodium street lights will be required at locations designated by the Public Worlcs Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.17 Due to the fact that this subdivision is on a collector street that is expected to carry high volumes, a 20-foot-wide planting strip is required. The planting strip should be extended across Lot 1, Block 1, with a consistent plan, which will be reviewed for approval prior to signature on the final plat. Setbacks for the lots that have not been built on should be determined from the landscape setback line. 3.18 The minimum residential house size is 1301 feet, exclusive of garages, as determined by the Uniform Building Code. Entrance or porch areas, breezeways, or patios may not be included as part of the square footage. Revise covenants to comply with City Ordinance. 3.19 Application for variance from the minimum frontage requirement of 65 feet must be approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA DENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 7 • 3.20 Applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. 3.21 Applicant enter into a development agreement that provides that in the event the conditions herein are not met by the developer that the property shall be subject to de-annexation, with the City of Meridian which provides the conditions of the development as set forth hereinabove. 3.22 The Central District Health Department will approve this project with written approval from the appropriate entities submitted in regards to the central sewage and central water. Plans for the central sewage and central water must be submitted to and approved by the Idaho Department of Health Sz Welfare, Division of Environmental Quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING AN~IEKATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA JENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 8 +! 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 this Final Decision and Order and 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 January 5, 1999. ROLL CALL COUNCILMAN BIRD VOTED (~ COUNCILMAN ANDERSON VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN BENTLEY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works D artment. B ~ - Dated: ~~ S ~~ City Clerlc msg~D:\MyFiles~Ivleridian City File~Findings3~Annexation and Zoning FF\Oliason AZ FF for City Council Street Frontage.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING R~'(~EIV~i~D ANNEXATION AND ZONING APPLICATION 1 " SUBJECT TO CONDITIONS ~ A ~ _ ~ 1999 VIRGINIA JENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 9 CITY OF MERIDIAN • Meridian City Council January 5, 1999 Page 14 Corrie: Motion made by Mr. Rountree second by Mr. Anderson (End of Tape) 6. DEVELOPMENT AGREEMENT - OLIASON PARK SUBDIVISION: Corrie: Mr. Gigray. Gigray: Mr. Mayor and members of the Council, pursuant to the action that you just took, we have prepared a proposed drafter for development agreement which you have before you. This is a standard format form which I hope will become more familiar to you that we were using on these. Based on the action that the City Council took, we have not included and eliminated the lien language that was in some of the earlier forms. That is not part of this. This particular draft provides in section 4 the particular requirements of the development agreement which are specified in your order of decision. What we would request your consideration would be the approval of this form and then your direction that it be submitted to the developer for their review and signature and sent back pending your taking action on the annexation. Because the condition of the annexation and zoning is that they enter into the development agreement. Corrie: Questions Council? Hearing none, I'll entertain a motion. Rountree: Mr. Mayor I move that we accept the development agreement for the Oliason Park Subdivision as to form and request that the draft be submitted to the applicant for signature. Bentley: Second Corrie: Motion made by Mr. Rountree second by Mr. Bentley on the development agreement. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 7. ORDINANCE #809 -ANNEXATION AND ZONING OF OLIASON PARK SUBDIVISION: Gigray: Mr. Mayor if you wish a little information this item. Mr. Mayor and members of the Council, because of the record of this matter and as part of your action approving the annexation and zoning and as I saw the record there is a requirement the applicant prepare the legal description for the annexation. To ensure that we have a legal description that will meet the requirements of the code and I recommend that we have those approved by our own Public Works Director, Gary Smith, to ensure that we don't get them kicked back from the State Tax Commission and that they are accurate. In • • MERIDIAN CITY COUNCIL MEETING: JANUARY 5 1999 APPLICANT: TONY HICKEY ITEM NUMBER: 6 REQUEST: DEVELOPMENT AGREEMENT FOR OLIASON PARK SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS w'' s ~' ~~' k ~~A ~"~ ~ ~~-~ ~ ~G ~ ~~" e~ ~ ~p~ All Materials presented at public meetings shall become property of the City of Meridian. ,~~o~~,~~ -~~, ~~~~~c~ ~ p,,EcE~ED ..9 .. ,., To: Mayor and City Counicl cc. Will Berg, City Clerk Shari Stiles, Planning and Z in ~ ector From: Bill Gigray, City Attorney Re: Regular Agenda City Council eating January 5, Date: 1-2-99 CITY OF MERIDIAN 1999 Items 4-7 The purpose of this memo is to give my opinion on the procedure and timing of the above reference items. They all deal with related aspects of the application by Tony Hickey as the duly authorized agent of Virginia Jennison Family Trust for the development of Oliason Park Subdivision. You may take up agenda items 4, and 5. Then for item no. 6 the Council should receive the same approve the draft form and then request that the development agreement be submitted to the applicant for approval and signature before any further action of the City Council on the matter and that the resolution authorizing signature of the Development Agreement be tabled to the next Council meeting pending the signature of the owner developer. then recommend that Item no. 7 could be sponsored by a City Council Member and the Council could conduct its first reading with the second reading scheduled for the next City Council meeting pending the receipt of a signed Development Agreement. • Meridian City Council January 19, 1999 Page 5 • relative to the development agreement. There were others that were on the agenda last time where you did not have a development agreement. Rountree: Olson Bush I believe is the one. Bird: Yeah. Corrie: Staff comments? Do we have the development agreement Mr. Berg? Berg: Yes, I have the development agreement which was presented at the last city council meeting signed by the applicant. Corrie: Staff comments? Stiles: Mr. Mayor and Council, I don't have our comments readily available. I don't know what my comments were in regard to the development agreement, but it is a fairly straight forward project that staff has had no opposition to and they've signed the agreement. It should be fine. Corrie: Hearing that and no other comments, I'll entertain a motion on the development agreement. Anderson: Mr. Mayor, I make a motion we approve the development agreement for Oliason Park Subdivision, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the development, the Mayor to sign and the Clerk to attest. Any further comments, discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 3. ORDINANCE #809 -ANNEXATION AND ZONING OF OLIASON PARK SUBDIVISION: Corrie: I believe this one is for the second reading; is that correct Mr. Counselor? The second reading is tonight? Gigray: Mr. Mayor, members of the Council, I would just report that I believe the reason this was held at the last meeting was because you were waiting for the development agreement to be signed. You introduced the ordinance pending signature of the development agreement. That has been signed, and I also advise that I wanted to • Meridian City Council January 19, 1999 Page 6 ensure that 1 had the approval of the Public Works Director for the draft of the annexation ordinance because of the concern for legal description and I would report to the Council that I have that approval. Corrie: At that point we can approve the ordinance with suspension of rules if we so desire. Otherwise it will be the second reading. Gigray: That would be correct, Mr. Mayor. Corrie: Council, your pleasure on this one? Bentley: Mr. Mayor I move we approve ordinance #809 with suspension of rules. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve ordinance #809 with suspension of rules. Any further comments? Hearing none roll call vote. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. MOTION CARRIED: All ayes. 4. ORDINANCE #811 -ANNEXATION AND ZONING 800 W. OVERLAND ROAD: Corrie: Mr. Gigray any further comments on that one? Gigray: Mr. Mayor and members of the Council according-to our records this particular matter would not for a development agreement and we had submitted this for approval by the Public Works Director of the draft ordinance and I would report I've received that approval. Bentley: Mr. Mayor I move we approve Ordinance #811 with suspension of rules. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve Ordinance #811 annexation and zoning of W. Overland Road. Any further discussion? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA. -~J MERIDIAN CITY COUNCIL MEETING: JANUARY 19, 1999 • APPLICANT: TONY HICKEY ITEM NUMBER: 3 REQUEST: ORDINANCE #809 -ANNEXATION & ZONING OLIASON PARK SUBDIVISION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ~;~ f CENTRAL DISTRICT HEALTH: "~~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. i~ ~ S ~c~~..Q.~.c~ 1~an~ ~ -~C~,c. • • Meridian City Council January 5, 1999 Page 14 Corrie: Motion made by Mr. Rountree second by Mr. Anderson (End of Tape) 6. DEVELOPMENT AGREEMENT - OLIASON PARK SUBDIVISION: Corrie: Mr. Gigray. Gigray: Mr. Mayor and members of the Council, pursuant to the action that you just took, we have prepared a proposed drafter for development agreement which you have before you. This is a standard format form which I hope will become more familiar to you that we were using on these. Based on the action that the City Council took, we have not included and eliminated the lien language that was in some of the earlier forms. That is not part of this. This particular draft provides in section 4 the particular requirements of the development agreement which are specified in your order of decision. What we would request your consideration would be the approval of this form and then your direction that it be submitted to the developer for their review and signature and sent back pending yourtaking action on the annexation. Because the condition of the annexation and zoning is that they enter into the development agreement. Corrie: Questions Council? Hearing none, I'll entertain a motion. Rountree: Mr. Mayor I move that we accept the development agreement for the Oliason Park Subdivision as to form and request that the draft be submitted to the applicant for signature. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley on the development agreement. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 7. ORDINANCE #809 -ANNEXATION AND ZONING OF OLIASON PARK SUBDIVISION: Gigray: Mr. Mayor if you wish a little information this item. Mr. Mayor and members of the Council, because of the record of this matter and as part of your action approving the annexation and zoning and as I saw the record there is a requirement the applicant prepare the legal description for the annexation. To ensure that we have a legal description that will meet the requirements of the code and I recommend that we have those approved by our own Public Works Director, Gary Smith, to ensure that we don't get them kicked back from the State Tax Commission and that they are accurate. In • Meridian City Council January 5, 1999 Page 15 • addition prior to passing this ordinance I recommend the development agreement be signed by the applicant and then back to this Council so that part is done prior to annexation, but I do believe that having the draft is important because you could sponsor this ordinance. Someone could get it on the table, do the first reading and then just put it on the table for continuance until the next meeting. The procedure I think should be followed if the development agreement isn't signed prior to the next Council meeting, then you could direct the clerk to just continue it on until that happens or you can proceed with the second reading because you could tier this out and still do it in stages, but you get it on the agenda, it stays there and it doesn't fall off. Rountree: Mr. Mayor I have a question for Mr. Gigray. This particular type of ordinance only needs two readings not three? Gigray: No, all ordinances need three. I'm just saying at some particular stage of the proceedings you may determine you want to waive the remainder of the rule and proceed to passing it. Corrie: Mr. Gigray on the reading the ordinance, is it two times you read the first part and one reading is the entire ordinance or how is that done? Gigray: Usually my experience has been they just read the title that that suffices for reading the ordinance because the title of the -state statute prescribes and you'll see our titles tend to be a little bit long, but it says it should have all the essential points of the ordinance. If you have readings, you need to do that. At some point when you can waive the readings, you can just do that. Now you could elect in the future to place this on -well no, never mind, I'm thinking of something else. Bird: Mr. Mayor I have a question to ask. This ordinance is upon the developer agreeing to sign our development right? If he don't agree with that development agreement and stuff then this ordinance is null and void right? Gigray: No, what you've done is you've ordered the approval of the annexation and zoning, but the actual ordinance itself is the one that will annex the property. What you don't want to do is create an ambiguity by annexing the property and then have a developer decide they're not going to sign a development agreement and then you may be put in a position of having to go through a deannexation procedure which would be - I just don't think there's any reason why the city would want to put itself in that position. Bird: Why would we want to pass the ordinance without him signing the development agreement? • Meridian City Council January 5, 1999 Page 16 Gigray: Well I would recommend that you not do that, but what you'll do by sponsoring it is you just get it on the agenda for consideration because until you waive the rule and have the third reading, it's just on the agenda for further consideration. Bird: Can tonight be considered the first reading? Gigray: If you choose to do so or you may say I'm not ready to sponsor the ordinance yet. And you move on to the next agenda item, but I was thinking this would be a way. We've already prepared this. It gets it on the agenda and then the clerk will bring it back to you at the next Council meeting. Rountree: Could we not continue action on this particular ordinance until our next regularly scheduled meeting? Gigray: You certainly could. I just think it probably ought to have some sponsor in order to get it on the agenda, or I guess you could receive it from me and then you just put it on the -just table any further action at that point. You know it's a piece of legislation that should have a sponsor to have a place on the agenda. Rountree: I move that we continue action on Ordinance #809 until our next regularly scheduled meeting January 19th, 1999. Bird: Second. Corrie: Motion is made by Mr. Rountree second by Mr. Bird to continue the Ordinance #809 and I assume tonight the first reading on that one. Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. Corrie: Mr. Clerk would you like to read the title to Ordinance #809? Berg: Thank you Mr. Mayor. (ORDINANCE #809 WAS READ) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY RUBBLE ENGINEERING - NW OF EAGLE ROAD / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: Corrie: Shari, staff report and recommendations. Stiles: Mr. Mayor and Council you have received a letter from the applicant's representative regarding the Findings of Fact and Conclusions of Law. The condition MERIDIAN CITY COUNCIL MEETING: JANUARY 5 1999 APPLICANT: TONY HICKEY ITEM NUMBER: 7 REQUEST: ORDINANCE #809 -ANNEXATION AND ZONING OF OLIASON PARK SUBDIVISION AGENCY COMMENTS CITY CLERK CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: N ~~~a~~ ~~ a'~h~LCG ~~~ IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER All Materials presented at public meetings shall become property of the City of Meridian. ~ RECE~D . ~ 3 _ ~ a ., ., '' To: Mayor and City Counicl cc. Will Berg, City Clerk Shari Stiles, Planning and Z in ' ector From: Bill Gigray, City Attorney Re: Regular Agenda City Council eeting January 5, Date: 1-2-99 CITY OF MERIDIAN 1999 Items 4-7 The purpose of this memo is to give my opinion on the procedure and timing of the above reference items. They all deal with related aspects of the application by Tony Hickey as the duly authorized agent of Virginia Jennison Family Trust for the development of Oliason Park Subdivision. You may take up agenda items 4, and 5. Then for item no. 6 the Council should receive the same approve the draft form and then request that the development agreement be submitted to the applicant for approval and signature before any further action of the City Council on the matter and that the resolution authorizing signature of the Development Agreement be tabled to the next Council meeting pending the signature of the owner developer. then recommend that Item no. 7 could be sponsored by a City Council Member and the Council could conduct its first reading with the second reading scheduled for the next City Council meeting pending the receipt of a signed Development Agreement. • Meridian City Council January 5, 1999 Page 13 MOTION CARRIED: All ayes. 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 PINE: Corrie: Staff do you have any comments on this one? Gigray: Do you wish me to report on this since I drafted it Mr. Mayor? Corrie: Shari you don't have anything other than what you say? Hearing none, Mr. Gigray? Gigray: Mr. Mayor and members of the Council, based on the action taken by the City Council at your meeting on the 15th of December, I have prepared the proposed Findings. Because this particular matter had Findings of Fact and Conclusions of Law from Planning and Zoning Commission, you will see that your adoption of those Findings of Fact and Conclusions of Law and the specific numbers read in relation thereto are identified in Finding of Fact three and four. The first portion the first two findings have to do with the fact that notice has been done in accordance with the law for your own public hearing, and then in conclusions of law this proposes as you took action that night to adopt the Planning and Zoning Commission's conclusion of law. I've moved six to a fact because I think it's more a fact than a conclusion of law. But in any event it is the same as it was presented to you and then I have added in conclusions of law two through four. Those specific statutory provisions that relate to the City Council's authority in this matter. And then in the decision and order granting annexation and zoning application, I have set forth specific conditions therein based on the record that I understood was made on the 15th and that was that the applicant would need to prepare the legal description. We would prepare the appropriate ordinance of annexation and then that the developer enter into a development agreement that provided for specific conditions and then you will see part three thereof the litany and list of all of the conditions that would become part of the development agreement which we have drafted for your consideration which is the next item. Corrie: Further discussion? Then I will entertain a motion of the Findings of Fact and Conclusions of Law request for annexation and zoning. Rountree: Mr. Mayor that the City Council approve Findings of Fact and Conclusions of Law and Decision and Order granting annexation and zoning application subject to the conditions as stated. Anderson: Second. Meridian City Council January 5, 1999 Page 14 Corrie: Motion made by Mr. Rountree second by Mr. Anderson (End of Tape) 6. DEVELOPMENT AGREEMENT - OLIASON PARK SUBDIVISION: Corrie: Mr. Gigray. Gigray: Mr. Mayor and members of the Council, pursuant to the action that you just took, we have prepared a proposed drafter for development agreement which you have before you. This is a standard format form which I hope will become more familiar to you that we were using on these. Based on the action that the City Council took, we have not included and eliminated the lien language that was in some of the earlier forms. That is not part of this. This particular draft provides in section 4 the particular requirements of the development agreement which are specified in your order of decision. What we would request your consideration would be the approval of this form and then your direction that it be submitted to the developer for their review and signature and sent back pending your taking action on the annexation. Because the condition of the annexation and zoning is that they enter into the development agreement. Corrie: Questions Council? Hearing none, I'll entertain a motion. Rountree: Mr. Mayor I move that we accept the development agreement for the Oliason Park Subdivision as to form and request that the draft be submitted to the applicant for signature. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley on the development agreement. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 7. ORDINANCE #809 -ANNEXATION AND ZONING OF OLIASON PARK SUBDIVISION: Gigray: Mr. Mayor if you wish a little information this item. Mr. Mayor and members of the Council, because of the record of this matter and as part of your action approving the annexation and zoning and as I saw the record there is a requirement the applicant prepare the legal description for the annexation. To ensure that we have a legal description that will meet the requirements of the code and I recommend that we have those approved by our own Public Works Director, Gary Smith, to ensure that we don't get them kicked back from the State Tax Commission and that they are accurate. In • MERIDIAN CITY COUNCIL MEETING: JANUARY 5 1999 APPLICANT: TONY HICKEY ITEM NUMBER: 5 REQUEST: ANNEXATION AND ZONING OF OLIASON PARK SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED MINUTES ~l~q~;~~~~~ ~~ ~' ~~~ ~ ~~ All Materials presented at ublic meetings shall become property of the City of Meridian. "~~};G ~``tC.~ ~~ ~~ Meridian City Council Meeting December 15, 1998 Page 6 Corrie: Motion made by Mr. Rountree second by Mr. Bird City Council of the City of Meridian adopts and approves the Findings of Fact and Conclusions of Law and Order of Decision. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. 4. PUBLIC HEARING: REQUEST FOR VARIANCE FOR OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 PINE: 5. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 PINE: 6. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 E. PINE: Corrie: At the present time I'll open the public hearing on items 4, 5, and 6 and we'll hear the annexation and zoning request first, and I invite the representative of Oliason Park Subdivision to start. The procedure here tonight will be that we'll hear from the developer and then we'll have all the testimony for the public hearing and then after that we'll have the testimony against and then we'll have a rebuttal from the director of the Oliason Park. Give us your name and address, start. JIM HOWARD, JJ HOWARD ENGINEERING, WAS SWORN BY THE CITY ATTORNEY. Howard: We are before the for a rezone, annexation and a variance. There will - I don't suppose that - do you have a copy of the plat in your packet? That will work if you have one in your packet. The Planning and Zoning Commission recommended approval of this subdivision and we're coming before you with the one special request is a variance. The variance is really centered around three or four items. There were some limitations imposed upon us by the extension of Idaho, and access on Pine. The parcel is so deep some 341 feet deep that what we've done is we've looked at that in terms of the economy of developing that parcel and we created 11 lots out of it. The lot sizes range from one lot at 19,178 feet, one lot a 9,400, four at 9,282, three at 9,000 and two at 7,125. We're requesting a variance based on the size of those lots. It would be difficult to with that lot size, I believe the zone in that area is either 6,000 or 6,500 so you can see we're well above the lot size. We're not looking for any reductions in the lot size. It's just that frontage. We have looked at it-and we know that we can develop attractive homes on that size of lot. It's an in-fill project. The geometry imposed on us by the extension of Idaho, we looked at various concepts, came to the city and said you Meridian City Council Meeting December 15, 1998 Page 7 know do you really want Idaho extended? ACRD really left it up to the city and the city determined that Idaho needed to be extended. So that left us a parcel that's pretty deep, and in order to be competitive in that market place in the setting with an in-fill project based on the homes around them, we elected to generate 11 lots out of it. So that's the only unusual request that we're coming -well it's pretty much a standard request and like I say the Planning and Zoning Commission didn't seem to have a problem with that, and we're before the Council, and I'm ready to answer any questions you might have. There has been a number of proposals that we came forward with and we just kept amending them downward. We started with even a higher density townhouse situation, and it's gone from a townhouse to single family to accommodate the neighbors and the neighbors' concerns. So we're at a point right now where if we were to reduce the lot count, we just really can't develop it, but we're comfortable with this, and I hope you are. That's all I have. If there's any questions that I can answer, I would be happy to do it. The owner is here also for those questions that I can't answer, I'm sure he can. Corrie: Any questions from Council? Bird: I have none. Rountree: Mr. Mayor, Mr. Howard, would you go into a little more depth about the reason for the variance and -what the hardship is. Howard: If you'll look at the plat, the overall depth between Idaho and Pine, this development is 341 feet. Ideally we'd like that longer. In the marketplace, we've got to create a yield. We can sell those lots with a dwelling on it that will fit into the neighborhood for a certain amount. If the number is reduced beyond what it is now, it becomes uneconomical to develop that parcel and it will lay in an agricultural state, and it's close to the city. The hardship that was really imposed is had we not had to extend Idaho, and we were limited frontage on Pine, it would have been a little easier parcel to develop. So in essence it's the geometry of the parcel that has made it more difficult to develop. Therein lies the real problem that (Inaudible) in depth or it's much deeper in depth than we'd like to see, but again we're generating very large lots, and there are plans that we can submit to the city if needed that would show the way we can balance those lots out their depth. So there's lots of room on the. parcel itself. It's just the geometry that is difficult to develop. It's a parcel that will be tough to develop and we had a real good plan for a townhouse concept, but I think the neighbors just weren't comfortable with it. They wanted to see the single family units and that's what we came to. So we came back to the city with single family as opposed to townhouses. It was easier to develop in the townhouse concept, and we came before P & Z with it. So really the hardship to answer your question is geometry, the imposition of extension of Idaho, creating all the improvements and those have to be shouldered in the costs of Meridian City Council Meeting December 15, 1998 Page 8 the marketplace and bringing those into a competitive marketplace with all the houses around it. Rountree: And the variance is on the lot frontages. Howard: Yes. Rountree: I just wanted you to state that. Howard: Yes, that's true. We wish we could trade frontage for area, but in this case the geometry won't let us. Rountree: If you figure out how to do that, let us know. Howard: Okay. Any questions? Bentley: I have none. Corrie: Anyone else from the public would like to issue testimony in favor of this annexation and zoning, preliminary plat or variance? Is there anyone from the public who would like to issue testimony in objection to any one of these three? Questions from Council and staff? Bird: Mr. Mayor, I would like to ask staff if there are going on this - it looks like they're just allowing down Idaho Avenue a half road; is that allowable? Stiles: The half road was a requirement of Ada County Highway District. Typically what they do is require half the street section plus 11 feet or something like that. They don't require them to do the full road section. Bird: Okay, thank you. Corrie: Any other questions of staff? Staff comments? No other questions, I will close the public hearing for the annexation and zoning, preliminary plat and also the request for the variance. Bird: We have to do these in three separate, and it's annexing first, then variance and then the plat. The plat first and then the variance? Thank you. Rountree: Mr. Mayor I would move that we accept the recommendation of Planning and Zoning Commission and request the Counsel prepare Findings of Fact and Conclusions of Law and an annexation ordinance. i ~ Meridian City Council Meeting December 15, 1998 Page 9 Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to accept the Planning and Zoning Commission annexation and zoning request that the Findings of Fact and Conclusions of Law be prepared and also annexation ordinance be prepared by the attorney. Any further discussion? ' Gigray: Mr. Mayor point of order and clarification. In my review of the item that is submitted with this a proposed findings from the Planning and Zoning Commission I noted that there was a reference to a proposed development agreement with this project, and Idon't - if that's the case, I am wondering if the motion because on annexation you have a zoning designation that raises that issue, and I guess the clarification I would need are we directed to prepare a development agreement also because your normal course is that you don't finalize your action on annexation until that's been signed and agreed to. Rountree: That's in the recommendation, is it not? Gigray: That's how I see it, but I'm just thinking if your motion would include that, then we'll go ahead and prepare that as well. Rountree: Do I need to include it if it's in the recommendation? That was my motion to accept the recommendation. Gigray: Well it's in a finding, and I was just seeking clarification. If you assume that it is, I'll follow your direction. Rountree: That was the intent. Corrie: Any further discussion? Bird: I have none. Corrie: Do we have a roll call vote on that one Will? ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea. MOTION CARRIED: All ayes. Corrie: The next item will be the preliminary plat of the Oliason Park Subdivision by Tony Hickey. Meridian City Council Meeting December 15, 1998 Page 10 Rountree: Mr. Mayor, just a point of clarification shouldn't both those items be tabled until we take action the annexation? Corrie:. I think we probably need to do that. Is that correct? Gigray: Mr. Mayor, Councilman Rountree, members of the Council, the (Inaudible) decision the Idaho Supreme Court that came down this last year indicated that - I mean it's clearly you want to have a final action on annexation which would be your passage of the ordinance and of course its being recorded, which makes it a final action. The Court determined that until the engineer signs on the plat there isn't a final action on the plat so you could annex and zone and approve a final plat but direct that the city engineer not sign off on the plat until all the other action has been completed if you wanted to go ahead and move on that. Rountree: Question on annexation. (Inaudible) I mean variance request as well? Gigray: The variance I think is a necessity of granting the final plat, is it not because it's a variance of the plat, and you couldn't approve the plat unless you approve the variance and that will require Findings because that's a quasi judicial matter that you have a public hearing on so we should be directed to prepare findings for your approval at the next Council meeting on that one. Corrie: On the variance. Gigray: Yes. Corrie: I'll entertain a motion on the preliminary plat. Gigray: Mr. Mayor, I'm sorry. Councilman Bird is making sure that I'm paying attention to this. This is a preliminary, not a final plat. It does make a difference. I think we could proceed with all of them and then you direct us to make the findings on the variance and go ahead and approve the preliminary plat subject to the conditions that are recommended and subject to the granting of the variance. My apologies for the mistake. Bentley: Mr. Mayor I would move that we approve the preliminary plat for Oliason Park Subdivision. Bird: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Bird to approve the preliminary plat for Oiiason Park Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. • ~ Meridian City Council Meeting December 15, 1998 Page 11 MOTION CARRIED: All ayes. Corrie: Okay, then we need to go for the variance then for Findings of Facts. Bentley: Mr. Mayor I would move that we instruct the city attorney to prepare Findings for the variance request for Oliason Park Subdivision. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to have the attorney prepare the Findings of Fact and Conclusions of Law for the variance for Oliason Park Subdivision. Any further discussion? Bentley: Can we have those prepared for our next meeting on January 5rn~ Corrie: Okay. Rountree: Mr. Mayor question, those Findings should reflect the recommendation of the Council? Should they not? Gigray: Yes, they will. (Inaudible) Gigray: When you make your motion that will tell me how to draft them. (Inaudible) Bentley: I'll withdraw my motion. Rountree: Help me Glenn. Corrie: If it sounds like we're confused up here, we are. We're trying some new procedures out according to some laws that's been changed and we're kind of about another four or five council meetings, we'll have it done pretty good here. Mr. Bentley, did you withdraw your motion? Bentley: Yes, I did. Bird: Mr. Mayor before we go into this, that last motion regarding the preliminary plat, that motion did Glenn reflect upon staff conditions, didn't it? Meridian City Council Meeting December 15, 1998 Page 12 Bentley: Yes. Bird: Okay. I just wanted to make -okay now you can go. Bentley: Mr. Mayor I would move that we approve the variance for Oliason Subdivision and instruct the city attorney to prepare findings reflecting the approval. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the variance for Oliason Park Subdivision and direct the city attorney to draw up the Findings of Fact and Conclusions of Law to be presented on the January 5~h meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 -WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: Corrie: At this time I will open the public hearing and invite the representative from the school district to come forward. AMBER VAN OCKER, LATHAM KHRON ARCHITECTS, OFFICE ADDRESS .1735 FEDERAL WAY, BOISE Van Ocker: Mr. Mayor, Council members, thank you for the opportunity tonight to speak to you on this application. Jim Carberry from the Meridian School District is also with me this evening to answer any questions that may arise. We have reviewed the recommendations from the staff and from the Planning and Zoning Commission and are in agreement with those items. As you know we are requesting annexation of 12.2 acres from Ada County to Meridian City with the zoning designation of R-4 to develop a new Meridian Elementary School. We are currently in the process of discussions with ITD and neighboring property owners for access on to this site. We have agreements in place currently with the developer of the Packard Subdivision for our sewer and water connections and I'll make it brief. Basically that's all we really have to discuss and we'll be open for any questions at this time that the Council may have. Corrie: Questions from Council. Rountree: Do you have a site layout? Van Ocker: Yes, we do if you would like to see it. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) FINDINGS OF FACT AND APPLICATION OF THE VIRGINIA ) CONCLUSIONS OF LAW AND JENNISON FAMILY TRUST BY ) DECISION AND ORDER THEIR DULY AUTHORIZED ) GRANTING ANNEXATION AND AGENT, TONY HICKEY, EAST OF ) ZONING APPLICATION 603 PINE, FOR ANNEXATION ) SUBJECT TO CONDITIONS AND ZONING OF 2.84 ACRES ) FOR PROPOSED OLIASON PARK SUBDIVISION, MERIDIAN, IDAHO This matter coming on regularly for public hearing before the City Council on the 15`" day of December, 1998, and Jim Howard of J.J. Howard Engineering having appeared and testified in favor of the application and no one appearing in opposition and the City Council having received the staff report, and the record made before the Planning and Zoning Commission, and being fully advised in the premises the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of a public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 15, 1998, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA DENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 1 (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 December 15, 1998, 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 §§11-2-416 and 11-2-417 of the Municipal Code of the City of Meridian as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The City Council adopts as its Findings of Fact those Findings of Fact numbers 1 through 26 of the Findings of Fact and Conclusions of Law and Recommendation to City Council made in the above entitled matter by the Planning and Zoning Commission which are incorporated herein by reference as if set forth at length. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA JENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 2 • 4. The City Council adopts as a Finding of Fact, Conclusion of La~v no. 6 of the Findings of Fact and Conclusions of Law and Recommendations to City Council made in the above entitled matter by the Planning and Zoning Commission which is incorporated herein by reference as if set forth at length. CONCLUSIONS OF LAW 1. The City Council adopts as its Conclusions of Law those Conclusions of Law numbers 1 through 5 and 7 through 17 as are set forth in the Findings of Fact and Conclusions of Law and Recommendation to City Council made in the above entitled matter by the Planning and Zoning Commission which are incorporated herein by reference as if set forth at length. 2. Idaho Code § 67-6511 provides in part that: The zoning districts shall be in accordance with the adopted plan; and that particular consideration shall be given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction of the City of Meridian. 3. Idaho Code § 67-6511(d) provides that in the event the City Council adopts a zoning classification pursuant to the request of the applicant based upon a valid, existing Comprehensive Plan and Zoning Ordinance of the City, the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA DENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 3 Council shall not subsequently reverse its action or otherwise change the zoning classification of the subject real property without the consent in writing of the current property owner for a period of four (4) years from the date of the granting of the applicant's request for zoning of the subject real property. 4. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which act is known as the "Local Land Use Planning Act of 1975." DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS: 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. That the applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. The (R-8) Medium Density Residential District shall not be finally approved by the City Council until provisions of parts 1 and 3 of this order have been met; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA DENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 4 3. Developer enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605M. 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. 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 11-9-606B. 3.4 Submit letter from 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's Public Worlcs Department. 3.6 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 3.7 Sanitary Sewer service to this site will be via and extension from the existing trunk main that traverses along Five Mile Creek. 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 Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA DENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 5 west sides of the centerline. Applicant proposes extending a private sewer main into the project in a dedicated easement. The City of Meridian will not own or maintain this line from the manhole in Idaho Street north. 3.8 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 Worlcs Department. 3.9 The temporary turnaround shall be constructed to ACRD design criteria, including, but not limited to HS25 loading requirements for pavement design. Subdivision designer can contact Bruce Freclcleton in the Public Worlcs Department for geometric requirements. 3.10 The preliminary plat indicates several open ditches within or adjacent to the subdivision boundary, however no existing ditch easements are shown. Show any existing easements of record. 3.11 Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Bloclc 1. Fees are to be paid prior to signature of City Engineer on the final plat. 3.12 Applicant has to indicate whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa Sz Meridian Irrigation District. If the system is to remain a private homeowners association system, plans and specifications shall be reviewed by the Public Worlcs Department as part of the development plan review process. A draft copy of the pressurized irrigation system O &. M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA DENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 6 ~ ! supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3.13 Submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 3.14 The Applicant shall provide information sufficient to determine the highest normal ground water elevation (sustained), that could be expected on the project site. 3.15 Roadway and roadway approaches to be approved by the ACHD. 3.16 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.17 Due to the fact that this subdivision is on a collector street that is expected to carry high volumes, a 20-foot-wide planting strip is required. The planting strip should be extended across Lot 1, Block 1, with a consistent plan, which will be reviewed for approval prior to signature on the final plat. Setbacks for the lots that have not been built on should be determined from the landscape setback line. 3.18 The minimum residential house size is 1301 feet, exclusive of garages, as determined by the Uniform Building Code. Entrance or porch areas, breezeways, or patios may not be included as part of the square footage. Revise covenants to comply with City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA JENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 7 LJ 3.19 Application for variance from the minimum frontage requirement of 65 feet must be approved. 3.20 Applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. 3.21 Applicant enter into a development agreement that provides that in the event the conditions herein are not met by the developer that the property shall be subject to de-annexation, with the City of Meridian which provides the conditions of the development as set forth hereinabove. 3.22 The Central District Health Department will approve this project with written approval from the appropriate entities submitted in regards to the central sewage and central water. Plans for the central sewage and central water must be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environmental Quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS VIRGINIA JENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 8 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 this Final Decision and Order and 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 January 5, 1999. ROLL CALL COUNCILMAN BIRD COUNCILMAN ANDERSON COUNCILMAN ROUNTREE COUNCILMAN BENTLEY MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED (~~ VOTED VOTED VOTED VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works D artment. B ti ~ Dated: ~- City Clerlc msg~D:V~'tyFilesWleridian City File~Findings3Wnnexation and Zoning FF\Oliason AZ FF for City Council Street Frontage.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW ~TcEr~ m~ AND DECISION AND ORDER GRANTING ~j 1 ~ .~ ANNEXATION AND ZONING APPLICATION SUBJECT TO CONDITIONS ,JAN - 5 j~g9 VIRGINIA JENNISON FAMILY TRUST / TONY HICKEY DULY AUTHORIZED AGENT - 9 CITY OF MERIDIAN ~ ~cE~D ~~. To: Mayor and City Counicl cc. Will Berg, City Clerk Shari Stiles, Planning and Z in ~ ector From: Bill Gigray, City Attorney Re: Regular Agenda City Council eating January 5, Date:1-2-99 CITY OF ~RIDIAN 1999 Items 4-7 The purpose of this memo is to give my opinion on the procedure and timing of the above reference items. They all deal with related aspects of the application by Tony Hickey as the duly authorized agent of Virginia Jennison Family Trust for the development of Oliason Park Subdivision. You may take up agenda items 4, and 5. Then for item no. 6 the Council should receive the same approve the draft form and then request that the development agreement be submitted to the applicant for approval and signature before any further action of the City Council on the matter and that the resolution authorizing signature of the Development Agreement be tabled to the next Council meeting pending the signature of the owner developer. then recommend that Item no. 7 could be sponsored by a City Council Member and the Council could conduct its first reading with the second reading scheduled for the next City Council meeting pending the receipt of a signed Development Agreement. Meridian City Council Meeting December 15, 1998 Page 6 Corrie: Motion made by Mr. Rountree second by Mr. Bird City Council of the City of Meridian adopts and approves the Findings of Fact and Conclusions of Law and Order of Decision. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. 4. PUBLIC HEARING: REQUEST FOR VARIANCE FOR OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 PINE: 5. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY - EAST OF 603 PINE: 6. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 E. PINE: Corrie: At the present time I'If open the public hearing on items 4, 5, and 6 and we'll hear the annexation and zoning request first, and I invite the representative of Oliason Park Subdivision to start. The procedure here tonight will be that we'll hear from the developer and then we'll have all the testimony for the public hearing and then after that we'll have the testimony against and then we'll have a rebuttal from the director of the Oliason Park. Give us your name and address, start. JIM HOWARD, JJ HOWARD ENGINEERING, WAS SWORN BY THE CITY ATTORNEY. Howard: We are before the for a rezone, annexation and a variance. There will - I don't suppose that - do you have a copy of the plat in your packet? That will work if you have one in your packet. The Planning and Zoning Commission recommended approval of this subdivision and we're coming before you with the one special request is a variance. The variance is really centered around three or four items. There were some limitations imposed upon us by the extension of Idaho, and access on Pine. The parcel is so deep some 341 feet deep that what we've done is we've looked at that in terms of the economy of developing that parcel and we created 11 lots out of it. The lot sizes range from one lot at 19,178 feet, one lot a 9,400, four at 9,282, three at 9,000 and two at 7,125. We're requesting a variance based on the size of those lots. It would be difficult to with that lot size, I believe the zone in that area is either 6,000 or 6,500 so you can see we're well above the lot size. We're not looking for any reductions in the lot size. It's just that frontage. We have looked at it and we know that we can develop attractive homes on that size of lot. It's an in-fill project. The geometry imposed on us by the extension of Idaho, we looked at various concepts, came to the city and said you • • Meridian City Council Meeting December 15, 1998 Page 7 know do you really want Idaho extended? ACHD really left it up to the city and the city determined that Idaho needed to be extended. So that left us a parcel that's pretty deep, and in order to be competitive in that market place in the setting with an in-fill project based on the homes around them, we elected to generate 11 lots out of it. So that's the only unusual request that we're coming -well it's pretty much a standard request and like I say the Planning and Zoning Commission didn't seem to have a problem with that, and we're before the Council, and I'm ready to answer any questions you might have. There has been a number of proposals that we came forward with and we just kept amending them downward. We started with even a higher density townhouse situation, and it's gone from a townhouse to single family to accommodate the neighbors and the neighbors' concerns. So we're at a point right now where if we were to reduce the lot count, we just really can't develop it, but we're comfortable with this, and I hope you are. That's all I have. If there's any questions that I can answer, I would be happy to do it. The owner is here also for those questions that I can't answer, I'm sure he can. Corrie: Any questions from Council? Bird: I have none. Rountree: Mr. Mayor, Mr. Howard, would you go into a little more depth about the reason for the variance and -what the hardship is. Howard: If you'll look at the plat, the overall depth between Idaho and Pine, this development is 341 feet. Ideally we'd like that longer. In the marketplace, we've got to create a yield. We can sell those lots with a dwelling on it that will fit into the neighborhood for a certain amount. If the number is reduced beyond what it is now, it becomes uneconomical to develop that parcel and it will lay in an agricultural state, and it's close to the city. The hardship that was really imposed is had we not had to extend Idaho, and we were limited frontage on Pine, it would have been a little easier parcel to develop. So in essence it's the geometry of the parcel that has made it more difficult to develop. Therein lies the real problem that (Inaudible) in depth or it's much deeper in depth than we'd like to see, but again we're generating very large lots, and there are plans that we can submit to the city if needed that would show the way we can balance those lots out their depth. So there's lots of room on the parcel itself. It's just the geometry that is difficult to develop. It's a parcel that will be tough to develop and we had a real good plan for a townhouse concept, but I think the neighbors just weren't comfortable with it. They wanted to see the single family units and that's what we came to. So we came back. to the city with single family as opposed to townhouses. It was easier to develop in the townhouse concept, and we came before P & Z with it. So really the hardship to answer your question is geometry, the imposition of extension of Idaho, creating all the improvements and those have to be shouldered in the costs of • • Meridian City Council Meeting December 15, 1998 Page 8 the marketplace and bringing those into a competitive marketplace with all the houses around it. Rountree: And the variance is on the lot frontages. Howard: Yes. Rountree: I just wanted you to state that. Howard: Yes, that's true. We wish we could trade frontage for area, but in this case the geometry won't let us. Rountree: If you figure out how to do that, let us know. Howard: Okay. Any questions? Bentley:. I have none. - Corrie: Anyone else from the public would like to issue testimony in favor of this annexation and zoning, preliminary plat or variance? Is there anyone from the public who would like to issue testimony in objection to any one of these three? Questions from Council and staff? Bird: Mr. Mayor, I would like to ask staff if there are going on this - it looks like they're just allowing down Idaho Avenue a half road; is that allowable? Stiles: The half road was a requirement of Ada County Highway District. Typically what they do is require half the street section plus 11 feet or something like that. They don't require them to do the full road section. Bird: Okay, thank you. Corrie: Any other questions of staff? Staff comments? No other questions, I will close the public hearing for the annexation and zoning, preliminary plat and also the request for the variance. Bird: We have to do these in three separate, and it's annexing first, then variance and then the plat. The plat first and then the variance? Thank you. Rountree: Mr. Mayor I would move that we accept the recommendation of Planning and Zoning Commission and request the Counsel prepare Findings of Fact and Conclusions of Law and an annexation ordinance. • • Meridian City Council Meeting December 15, 1998 Page 9 Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to accept the Planning and Zoning Commission annexation and zoning request that the Findings of Fact and Conclusions of Law be prepared and also annexation ordinance be prepared by the attorney. Any further discussion? Gigray: Mr. Mayor point of order and clarification. In my review of the item that is submitted with this a proposed findings from the Planning and Zoning Commission I noted that there was a reference to a proposed development agreement with this project, and Idon't - if that's the case, I am wondering if the motion because on annexation you have a zoning designation that raises that issue, and I guess the clarification I would need are we directed to prepare a development agreement also because your normal course is that you don't finalize your action on annexation until that's been signed and agreed to. Rountree: That's in the recommendation, is i~ not? Gigray: That's how I see it, but I'm just thinking if your motion would include that, then we'll go ahead and prepare that as well. Rountree: Do I need to include it if it's in the recommendation? That was my motion to accept the recommendation. Gigray: Well it's in a finding, and I was just seeking clarification. If you assume that it is, I'll follow your direction. Rountree: That was the intent. Corrie: Any further discussion? Bird: I have none. Corrie: Do we have a roll call vote on that one Will? ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea. MOTION CARRIED: All ayes. Corrie: The next item will be the preliminary plat of the Oliason Park Subdivision by Tony Hickey. Meridian City Council Meeting December 15, 1998 Page 10 Rountree: Mr. Mayor, just a point of clarification shouldn't both those items be tabled until we take action the annexation? Cowie: I think we probably need to do that. Is that correct? Gigray: Mr. Mayor, Councilman Rountree, members of the Council, the (Inaudible) decision the Idaho Supreme Court that came down this last year indicated that - I mean it's clearly you want to have a final action on annexation which would be your passage of the ordinance and of course its being recorded, which makes it a final action. The Court determined that until the engineer signs on the plat there isn't a final action on the plat so you could annex and zone and approve a final plat but direct that the city engineer not sign off on the plat until all the other action has been completed if you wanted to go ahead and move on that. Rountree: Question on annexation. (Inaudible) I mean variance request as well? Gigray: The variance I think is a necessity of=granting the final plat, is it not because it's a variance of the plat, and you couldn't approve the plat unless you approve the variance and that will require Findings because that's a quasi judicial matter that you have a public hearing on so we should be directed to prepare findings for your approval at the next Council meeting on that one. Corrie: On the variance. Gigray: Yes. Cowie: I'll entertain a motion on the preliminary plat. Gigray: Mr. Mayor, I'm sorry. Councilman Bird is making sure that I'm paying attention to this. This is a preliminary, not a final plat. It does make a difference. I think we could proceed with all of them and then you direct us to make the findings on the variance and go ahead and approve the preliminary plat subject to the conditions that are recommended and subject to the granting of the variance. My apologies for the mistake. Bentley: Mr. Mayor I would move that we approve the preliminary plat for Oliason Park Subdivision. Bird: Second. Cowie: Motion is made by Mr. Bentley second by Mr. Bird to approve the preliminary plat for Oliason Park Subdivision. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting. December 15, 1998 Page 11 MOTION CARRIED: All ayes. Corrie: Okay, then we need to go for the variance then for Findings of Facts. Bentley: Mr. Mayor I would move that we instruct the city attorney to prepare Findings for the variance request for Oliason Park Subdivision. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to have the attorney prepare the Findings of Fact and Conclusions of Law for the variance for Oliason Park Subdivision. Any further discussion? Bentley: Can we have those prepared for our next meeting on January 5cn~ Corrie: Okay. Rountree: Mr. Mayor question, those Findings should reflect the recommendation of the Council? Should they not? Gigray: Yes, they will. (Inaudible) Gigray: When you make your motion that will tell me how to draft them. (Inaudible) Bentley: I'll withdraw my motion. Rountree: Help me Glenn. Corrie: If it sounds like we're confused up here, we are. We're trying some new procedures out according to some laws that's been changed and we're kind of about another four or five council meetings, we'll have it done pretty good here. Mr. Bentley, did you withdraw your motion? Bentley: Yes, I did. Bird: Mr. Mayor before we go into this, that last motion regarding the preliminary plat, that motion did Glenn reflect upon staff conditions, didn't it? Meridian City Council Meeting December 15, 1998 Page 12 Bentley: Yes. Bird: Okay. I just wanted to make -okay now you can go. Bentley: Mr. Mayor I would move that we approve the variance for Oliason Subdivision and instruct the city attorney to prepare findings reflecting the approval. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the variance for Oliason Park Subdivision and direct the city attorney to draw up the Findings of Fact and Conclusions of Law to be presented on the January 5~h meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. 7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 -WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: Corrie: At this time I will open the public hearing and invite the representative from the school district to come forward. AMBER VAN OCKER, LATHAM KHRON ARCHITECTS, OFFICE ADDRESS 1735 FEDERAL WAY, BOISE Van Ocker: Mr. Mayor, Council members, thank you for the opportunity tonight to speak to you on this application. Jim Carberry from the Meridian School District is also with me this evening to answer any questions that may arise. We have reviewed the recommendations from the staff and from the Planning and Zoning Commission and are in agreement with those items. As you know we are requesting annexation of 12.2 acres from Ada County to Meridian City with the zoning designation of R-4 to develop a new Meridian Elementary School. We are currently in the process of discussions with ITD and neighboring property owners for access on to this site. We have agreements in place currently with the developer of the Packard Subdivision for our sewer and water connections and I'll make it brief. Basically that's all we really have to discuss and we'll be open for any questions at this time that the Council may have. Corrie: Questions from Council. Rountree: Do you have a site layout? Van Ocker: Yes, we do if you would like to see it. • MERIDIAN CITY COUNCIL MEETING: DECEMBER 15 1998 ITEM NUMBER: 5 _ APPLICANT: TONY HICKEY REQUEST ANNEXATION 8 ZONING OF 284 ACRES FOR PROPOSED OLIASON PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: WATER DEPARTMENT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES FROM 11/10/98 SEE ATTACHED P & Z PACKETS Fpm P~-Z v~v ~ ~L~ L I rC ,,,~ yi L~~~ ,~ ~`~~N{~~~a ii4 ~"~~N`+ OTHER: All AAaterials presented at public meetings shall become property of the City of llAeridian. Meridian Planning 8 Zoning Commission November 10, 1998 Page 14 MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM 4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 E. PINE: MacCoy: Staff. Borup: This is just findings. MacCoy: That's right. After I said that I thought that. Commission what's your desire on this? You've all read the material. De Weerd: Mr. Chairman I would like to move the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Borup: Second. MacCoy: Okay I am going to have a roll call on this I think. ROLL CALL: Borup, aye. Smith, aye. De Weerd, aye. Nelson, aye. MOTION CARRIED: All ayes. De Weerd: Mr. Chairman the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as set forth with these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact-and Conclusions of Law and any other conditions required by the Meridian City Council. Smith: Second. MacCoy: All right. All in favor? MOTION CARRIED: All ayes. ITEM NO. 5: REQUEST FOR PRELIMINARY PLAT°. PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 E. PINE: • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: NOVEMBER 10, 1998 APPLICANT: TONY HICKEY AGENDA ITEM NUMBER: 4 REQUEST: ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS SEE ATTACHED MINUTES FROM 10/13/98 CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: FINDINGS TO BE SUBMITTED..... J-~ f~ ~J~ ~~ ~~~~~ kL ~~~ r ~~ G ~' BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ._ ~Y~ \.J MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 41 ITEM N0.11: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 PINE (TABLED TILL AFTER ITEM NO. 12): MacCoy: Staff do you have any comments on this one? I think looking at the time, they are looking at the bookwork here. Lets take a break at this moment and we will come back with staff, with their open comments before we have an open public hearing for the public. (BREAK) MacCoy: We reconvene now and so we can get on the way and get home tonight. I've canvassed the commissioners. They've all agreed to stay till we get this thing finished tonight so we won't have another meeting for it, so we are going to move it out. The staff is going to be stuck with this. Smith: Just as a matter of record, t agreed to stay till midnight, whether we were done or not. MacCoy: Well lets move it then. Staff you are one, item 11. Stiles: Mr. Chairman, commissioners, the next project-do you have to open the public hearing before I start staff report? MacCoy: No, you don't have to yet. I'm asking for your comments from the staff right now. Stiles: Would you like me to cover the next two items or only-I guess it's kind of combined. MacCoy: Alright, (Inaudible) so you can go ahead and talk about the whole subject right now. De Weerd: Mr. Chairman, in order to include it in our findings, does it not need to be during a public hearing? MacCoy: Well, it's we as commissioners can ask the questions of the staff, I'm told by our attorney that he wanted to do it this way. He said starting right now he would then-this is what I've gone through, then I would turn around to the public. De Weerd: Okay, before the public hearing is open. MacCoy: Yes, this is for your information, the public listens to this, so it's not behind closed doors. Okay, staff? MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 42 Stiles: Mr. Chairman, commissioners, this project is a request for annexation and zoning to R-8 for 11 single family dwellings. The applicant has submitted a request for variance due to the reduction of the minimum frontage. However, all lots would meet the minimum square footage requirement for the R-8 zone. I haven't had a chance to review their response I guess the applicant may review that if they have any problems with our comments. This area is currently shown on the Meridian Comprehensive Plan as existing urban. (Inaudible) Most of the development in the area is constructed to an R-8 or an R-4 standard for the most part to the east is still unincorporated Ada County that had some farm uses. To the south is a 10-20 acre parcel that has not been developed. The proposal is to extend Idaho Street, the applicant would be responsible for constructing half of the roadway to and thru their property. They are also proposing an access off of Pine Street that apparently they haven't met with Ada County Highway District and they have I guess verbally at least approved that location for a shared access for the Pine Street frontages. We have asked that the landscape setback be extended through the property on Pine Avenue, if this is an entrance corridor to the City of Meridian. We have asked for a minimum 20 foot setback to protect the residents and to provide for a more aesthetically pleasing corridor. Without going through item by item, I don't have any specific comments unless you have some questions. MacCoy: Alright, we will come back to that. Bruce do you have anything? Freckleton: Mr. Chairman, members of the commission, the proposal before you-they propose a private sanitary sewer main that would come in off of Idaho. The residents would take service from that private main. It's indicated on the plan in an easement which is proper. The only other real big issue that I wanted to just touch on was the-in my comments I had made reference in site specific item #14 about the ground level, ground water report. At the time I had made these comments, I made a couple of calls to Clinefelder to try and get some additional information and had not made contact with them. After doing these comments I did talk with the consultant and I am comfortable now with their report that they have submitted. The written response from JJ Howard Engineers indicates that we do concur and I just wanted to reiterate that. That's about all I can touch on. MacCoy: Okay, thank you. We will open the public hearing now, is the applicant here to come forward? JULIE PARKER-JJ HOWARD ENGINEERING. WAS SWORN IN BY ATTORNEY. Parker: We've come in basically from 28 lot townhouse submittal to adding an additional 10 lots with an existing home on three acres. We are just asking for a standard subdivision application, annexation and rezone. Nothing out of the ordinary. These lots are a little bit deeper than usual, they run even with the 20 MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 43 foot setback about 143 feet deep, so there is plenty of backyard and area for the homes and we have worked with ACRD in giving up more right-of-way in order to develop half street section plus an additional 12 foot of pavement, plus an additional area off the pavement to the south so that half street section can be drained onto gravel. We realize that we have to come in from the east with our sanitary sewer main onto that existing 18" main and Mr. Hickey has-is working with the five individuals, he is in negotiation with the fifth to get an easement across his property. The other four property owners are in agreement to provide a sanitary sewer easement. We will be providing pressurized irrigation to each lot. We would prefer to do it to NMID standards and have them own and operate the system. MacCoy: Anything else? Parker: That's it. MacCoy: Commissioners, do you have any questions of her? Borup: Have you had a chance to review staff comments? Ma'am? Parker: Yes, and I did respond to Bruce Freckleton's comments in writing. Borup: All fourteen? Parker: Yes. We have no problems with any of them. Borup: Alright thank you. Did you see-were you planning on a new fire hydrant also? Did you notice that in the fire department's comments? Parker: We do show a hydrant on Idaho Street next to the streetlight between lots 8 and 9. Borup: I have no other questions. MacCoy: Okay, Commissioner De Weerd. De Weerd: I have no questions at this time. MacCoy: Commissioner Smith? Smith: Yes, can you address this letter written August 13th, 1998 on this Sevante Realty? Parker: I would have to see it first. Smith: You haven't seen it? MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 44 Parker: No. Smith: It's been... Parker: Was that addressing a townhouse project? Smith: No, it was addressing this project. Ten lots single family subdivision. There is eleven lots shown. Parker: There is an existing home on lot 1. Smith: There is a line in here that says the homes for several blocks west appear to be placed on 50 foot or narrower lots. I guess I have a problem with using the word of appear. That indicates to me that nobody has actually gone out and measured or looked on a plat to see what those are. So this statement appear to be 50 foot could be .true and it could be not true. You don't need to answer anything to that. I don't agree with the fact that this-statement in this letter that this property couldn't be developed. If this variance to 58 foot street frontage is not allowed. You loose three lots, but that's all I had right now. MacCoy: Mr. Nelson? Nelson: I have no comment. MacCoy: Since they haven't any comments, you can sit down. This is an open public hearing, is there anybody else who would like to make a comment, pro or con? JODY DAHMER, 513 E. PINE, MERIDIAN, ID. WAS SWORN IN BY ATTORNEY. Dahmer: I'm back again, I just don't understand and I know I probably won't be able to stop progress all my life. I don't understand why we have to have so many on such a little lot. When we were here before, I explained our homes on that street are old. We all have pretty big lots, I don't because mine was subdivided before I ever bought it. Our traffic on Pine Street is absolutely ridiculous just in this last year, it's crazy. I have two little grand kids now that have moved into the area. They want to walk to see grandma, our streets are crazy. This is going to make us, what, 22 more cars within three doors of me. It just, I don't know why we have to have so many on such a little lot. MacCoy: I remember when you came up last time. Well, I thought you did a fine job last time and I think that is the reason you are here again because as long as the land is vacant, people come along by it and want to put something on it and I think that is what you do, you come up here as a homeowner in the MERIDIAN PLAN AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 45 neighborhood and come up and express your views and that's how we have our basis for our decisions. Dahmer: And I love where I live, you know. Like I said before, we have a little bit of country and yet we are close to the city, but subdivisions across Pine and back over, (mean-and I know it's progress. Why can't we have four nice homes on that land with a nice piece of property so that, you know, I mean, I'm not objecting to developing the property, I just don't know why we have to cram so many in. We have a lot of country, we have a lot of space in Meridian, why do you have to center on my street. You know? That's all. Nelson: Ma'am, were you aware that there were only four new houses proposed on Pine Street, four lots. Dahmer: No, you mean in this. Borup: In this current proposal. Dahmer: I thought there were ten. Borup: The others are on Idaho Street. Dahmer: Won't it come through? Borup: No, there is no access between the two. Dahmer: There would only be four that would be on access to Pine? Borup: Yes. Dahmer: Well, we didn't know that, so that answers our question. Borup: Then you made a comment on lot size, do you know what the lot sizes are along there? Dahmer: No, I don't... Borup: You said yours was smaller but I don't know what that means. Dahmer: Well, all of the lots where I live are very long. I asked my neighbor, she couldn't remember how long hers... do you remember? About 90 feet long. Borup: Not sure on the width? Dahmer: No, I'm not sure. MERIDIAN PLANN~ AND ZONING COMMISSION ML~ING OCTOBER 13, 1998 PAGE 46 Borup: Okay, thank you. MacCoy: Anybody else who wants to come up and make a statement? People are pretty quiet out there. Will the applicant come back forward then? Do you have any pieces you want to add to this, or talk to the commissioners about at this point? Alright, she is shaking her head no, for the record. Commissioners do you have any comments for the staff? And vice versa. Borup: At this point we are talking about annexation and zoning, is that right Mr. Chairman? MacCoy: That's right. Borup: I have no other questions. MacCoy: Mr. Nelson, start at this end. Nelson: I have no questions. MacCoy: Okay, Mr. Smith? Okay, Commissioner De Weerd. De Weerd: I have none. Borup: None. MacCoy: Thank you twice Mr. Borup. Okay staff do you have anything you want to add to what has been said so far? Okay the answer from the staff is no for the record. Commissioners., what is your desire here? Borup: Close the public hearing. (Inaudible) Rossman: Mr. Chairman, it would probably would be appropriate to close the public hearing before discussion phase. MacCoy: It will be done. Since there are no other questions and answers from the public here, I'm going to close the public hearing at this moment. The commissioners ought to make a decision as to what the next step is. Borup: Maybe just one response to Commissioner Smith's comment on whether this project (Inaudible) and I think you said whether it would be possible to do. The way I read the letter it said whether it be viable. I would have to agree that the economic viability of it, you are certainly right, do the whole thing on one two lots. MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 47 Smith: I figure you can get eight lots on here as opposed to 11. I don't know what the numbers crunch out what they got to get out of it, but putting a 65 foot minimum frontage, which is what is required in an R-8 zone, would give them three lots off of Pine and five off of Idaho. Borup: That wouldn't work at 40,000 an acre, I wouldn't think-That was my only comment, Mr. Chairman. Anybody else have any other comments? If not, I would move that I would prepare findings. De Weerd: Would you move to prepare findings to approve or to deny? (Inaudible) Borup: The annexation and zoning, I would move to approve. We still have a preliminary plat. Maybe are we being a little premature here? We still have preliminary plat to discuss. Also, I believe a conditional use on the-or a variance. Rossman: No conditional use. Borup: Variance? De Weerd: We don't do variance. Okay then, right. So the plat is the only other item? MacCoy: Item #12, yeah. So what is your desires? Borup: I already made one motion. MacCoy: I didn't hear a second. De Weerd: Perhaps it would be better to talk about the preliminary plat to address, seems like there is some concerns that we talk about the plat first and then revisit this. Borup: So then lets move on to Item #12. Rossman: Table Item #11 and go on to #12. Borup: I move that we table Item #11 and proceed with Item #12. Smith: Second. MacCoy: Okay, we have a second on that. De Weerd: We need to vote. MERIDIAN PLANI~G AND ZONING COMMISSION 11~TING OCTOBER 13, 1998 PAGE 48 MacCoy: You want to vote? De Weerd: Yeah, I do. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM #12: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 E. PINE: MacCoy: It's a public hearing for the same product and the staff has already given their statements for the two, #11 and #12. So I open the door to the public and the applicant, is there anything you want to say for Item #12? Maybe you ought to come forward and say what you just said. Your comments for Item #12 remain the same. Parker: My comments remain the same for Item #12. Nelson: I have a question for you while you are here. If you did take for instance on the Idaho Street side, you have six lots at 55.58 feet. If you were to make that five lots, they would be 66.7 feet, I think that is frontage for R-8. But then that's pretty deep 163 feet. It's about almost 11,000 square foot yard. Then would it be safe to say that's-the discussion was the difference between whether it was viable or not to subdivide it in that fashion. . Parker: (Inaudible) create 11,000 square foot lots. Nelson: Well, there was concern about the density, did it really need to be ten more, could we get away with eight more lots? That was a question that was brought up (Inaudible) Parker: I would have to refer to my developer basically. I can't speak for his pocket book. Should I allow him to speak, or do I need to speak for him? Smith: He can speak for himself. TONY HICKEY, 2090 S. COLE ROAD, BOISE, ID. WAS SWORN IN BY THE ATTORNEY. Hickey: I sent a letter to the staff some time ago in response to an effort initially to meet part of the areas zoning and that there are a lot of apartments so on and so forth in that general area. I wanted to build townhouses for empty nesters, roughly 2.2 million dollars which have been a tax base for the City of Meridian and was told that wasn't an appropriate situation there. We went back and re- o MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 53 MOTION CARRIED: All ayes. (TABLED BEFORE ITEM #12)ITEM #11: REQUEST FOR ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUBDIVISION BY TONY HICKEY -EAST OF 603 PINE: MacCoy: I closed the public hearing. Alright commissioners, what is your decision for Item #11? Borup: Just one comment, 2.84 acres divided by 11 lots is almost 2.6 per acre. I don't know if that helps, but that gives us a relationship to what the density is. What I-I may have said that wrong. The 2.84 acres divided by eleven lots is .258 lots per acre. Smith: .258 De Weerd: 2.58. Borup: Okay, the decimal point is in the wrong place. 2.58, maybe it's not in the wrong place, maybe I can't see it. MacCoy: What do you want to do with Item #11? De Weerd: I would move that we ask the city attorney to draw up Findings of Fact and Conclusions of Law to approve the annexation and zoning of 2.84 acres for the proposed Oliason Park Subdivision. Nelson: Second. MacCoy: All in favor? I hear three ayes, but are you going to abstain or are you going to say nay? Smith: Nay. MOTION CARRIED: Three ayes, one nay. MacCoy: It moves on to the attorney for preparing the facts. Item #12 has been tabled to the November 10~', meeting. ITEM NO. 13: REQUEST FOR ANNEXATION AND ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT N0.2 -WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD: MacCoy: Staff do you have any comments before we start this thing? I'm still waiting for staff, found your place yet? MERIDIAN PLANN~ AND ZONING COMMISSION ML~ING OCTOBER 13, 1998 PAGE 54 Stiles: Unfortunately, I didn't have most of my comments, copies in my packet, so bear with me. Bruce and I reviewed this project, the property is located in an area shown as single family residential on the Meridian Comprehensive Plan. The parcel is immediately south of the Carol Subdivision and west of Eagle Road, approximately a half mile north of Fairview. The legal description was accurate. The site that they are proposing, currently has no legal frontage. There is no public road access. They would need to coordinate with Idaho Transportation Department for that access and to provide easements for access and for extension of utilities. It's proposed that they get their sewer and water would be from easements through what is called the Packard Subdivision. It's kitty corner from this site to the south and west of the property. That project is a little behind schedule, hopefully those easement considerations are taking place right now. There is for Packard Subdivision #1 there is a lift station that is being built near the south slough that is designed to serve this piece if the trunk line sewer is not extended prior to the construction of this school. There is a ditch that runs along the south boundary that would need to be tiled. I'm not aware of any ditches that are on the rest of the site. Particular attention would need to be paid to the site plan that they propose to make sure that consideration was given to that adjacent neighborhood, understand the gentleman that sold the property to the school district, John Barnes, lives in that subdivision and I would hope that he would be very cognizant of the need to coordinate any site plan with the needs of that neighborhood. MacCoy: Anything from you Bruce? Freckleton: Mr. Chairman, members of the commission. Maybe just to expand a little bit on the sewer and water serviceability of this site. As Shari stated, sewer service for this site would be coming through Packard Subdivision, provision was made in the early stages of that development and the preliminary plat, there were-a proposed route was established, there was a common lot that was set aside up in this corner for the routing of utilities. Design of the system, routing of the system, the appropriate easements all need to be coordinated. We haven't seen any design layout for the site, so it's kind of hard to know where we are going on that. That was about all. MacCoy: Thank you very much. Alright, to the public hearing now. Now open and is the representative here from the Meridian School District? KENT KROHN, 1735 FEDERAL WAY, BOISE, ID. WAS SWORN IN BY ATTORNEY. Krohn: Mr. Chairman, members of the commission, we appreciate being able to address you this evening. We have reviewed the comments and conditions proposed by staff and are in agreement with those. We are currently working with the property owner to the east and the Idaho Transportation Department for access to Eagle Road. Agreements are in place with the developer of the MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 55 Packard Subdivision on sewer and water access to the site. We have engineering design going on at present to the the major irrigation ditch on the south property. The other things are we have no problem with, be happy to submit any questions that you might have. MacCoy: Commissioners, do you have any questions of the applicant? Borup: I have none. Krohn: Thank you. MacCoy: Just a minute, Commissioner De Weerd, do you have any? De Weerd: Not at this point. MacCoy: Commissioner Smith? Smith: Is this-does the school district typically tie into pressurized irrigation systems? Krohn: It depends, if they are available then they have, yes. Smith: Do you anticipate that it would be on this particular project? Krohn: I don't think we've progressed quite that far yet on the development of the property. If we have a pressurized irrigation system available we would probably want to do that. We would coordinate with the Nampa/Meridian Irrigation District on that. Smith: Okay, thanks. MacCoy: Mr. Nelson? Nelson: I have no questions. MacCoy: Alright, thank you. Is there any one here who would like to comment pro or con? If not, I'm going to close the public hearing on this one. De Weerd: No, wait. Borup: I do have a question for engineer Freckleton. MacCoy: Okay, go ahead. MERIDIAN PLANNN~ AND ZONING COMMISSION ME~'ING OCTOBER 13, 1998 PAGE 56 Borup: Pertaining to-I'd never heard anybody call you that before, I thought I would try it. Sewer service to this site, is there an active sewer service through Packard at this time? Or, well-I'll start with that question. Freckleton: Commissioner Borup, members of the commission, Packard Subdivision has hit some snags. Easement negotiations going on with a property owner to the west of what was in Packard Subdivision #2 for access to the south slough sewer trunk line. Easement negotiations broke down, the developer had to fall back on an earlier plan to install a lift station and pump the sewage back up to what is Chamberlain Estates. They are in the process of building that lift station now. That was a pretty major setback to that project. Gravity sewer lines have been installed in phase one. what you see out there today, the paved street, those lines are all in, however, without the lift station in place, or the route to the trunk line, it's not an approved system today, but as I said earlier, in phase #3 of what is going to be Packard Subdivision, the sewer lines would extend on up to that northeast corner. Borup: Of the school site? Freckleton: That would be gravity flow through Packard down to the south slough. Borup: I guess my question is, if the lift station goes in, that would access the school site presently? Until the gravity flow trunk line is eventually connected? Freckleton: Yes, yes. Borup: Then there would be access through the... Freckleton: Through Packard Subdivision, (Inaudible) Borup: Through the lift station assuming that it's going-and I assume they are working very hard on that, I would think. Freckleton: They are, they are behind the ball big time. Borup: Since they've got houses built. Freckleton: Right on. t'm not sure if the school site was taken into consideration during the design of the station as far as the size of the pumps and that sort of thing. Mr. Krohn could answer, I'm not sure. Borup: I'm assuming that is something they will work out with... Freckleton: It may have to be upsized. MERIDIAN PLANNIrev AND ZONING COMMISSION MELTING OCTOBER 13, 1998 PAGE 57 Borup: The city engineering department and it's not going to effect what we need to do on here. Thank you. MacCoy: Anything else? De Weerd: I had a question for Shari on the site plan it's got landscape detail. Is that sufficient for you and do you have any concerns with the perimeter around the field all being the Pines. There is an awful lot of them. Stiles: Commissioner De Weerd, commissioners, 1 don't have any sort of site plan with this application. They hadn't applied for anything but annexation and zoning. De Weerd: Oh, yeah. Stiles: If they get zoned in the R-4 that is a permitted use in that zone,- however, in talking to their representative, they stated they would have no problem coming not as a conditional use permit or anything like that but to have the site plan reviewed either by Planning and Zoning Commission or the City Council to get your input on those plans. De Weerd: So would that be a condition of zoning and annexation? Stiles: It could be. Smith: ...complaining that there is too many trees. De Weerd: No, not too many trees, but too many of one. Smith: Just wanted to clarify that. De Weerd: I wouldn't do that. MacCoy: I think evergreens are a nice tree myself. Borup: I assume they are looking at the year round. MacCoy: Yeah, I do too. De Weerd: Well, I just say that because when one gets diseased, you do have a problem with them all getting diseased and those do have some disease problems. That's why I ask. MacCoy: It really depends on what kind of Pine too, I've been dealing with the nursery people this past week on a couple of things like that. Okay, are you ready-close the public hearing now. ~'` ~~ ~,1 ~ BEFORE THE MERIDIAN PLANNING AND ZONING NOY 0 9 1998 ~: Ch'"~ ~~~F ~ER,II~I~N IN THE MATTER OF THE APPLICATION ) OF TONY HICKEY, EAST OF 603 PINE, )FINDINGS OF FACT AND FOR ANNEXATION AND ZONING OF 2.84 )CONCLUSIONS OF LAW AND ACRES FOR PROPOSED OLIASON PARK ) RECOMMENDATION TO CITY SUBDIVISION, MERIDIAN, IDAHO ) COUNCIL The above entitled annexation and zoning application having come on for public hearing on October 13, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 13, 1998, before the Planning and Zoning Commission, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) • • 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 Planning and Zoning Commission at the October 13, 1998, 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 §§11-2-416 and 11-2-417 of the Municipal Code of the City of Meridian as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. 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. 4. The property is approximately 2.84 acres in size. The property is generally located at of 603 Pine Avenue, Meridian, Idaho. 5. The Applicant is acting on behalf of an authorization by the record owner of the property namely the Virginia Jennison Family Trust, and has filed a written request for annexation and zoning. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) and the Ordinance establishing the Impact Area Boundary. 7. The property is presently zoned by Ada County as Rural Estate (R-1 ), and contains an existing home on Lot 1. 8. The Applicant requests the property be zoned (R-8), Medium Density Residential District. 9. The Applicant acting on behalf of and as authorized by the Virginia Jennison Family Trust has requested the annexation and zoning, and the application was not initiated at the request of the City of Meridian. 10. The proposed site of the subject property is east of 5~' Street and north of the Union Pacific Railroad. Pine Avenue runs adjacent to the northern border of the property site. 11. The city limits of the City of Meridian are adjacent and abut on the west and north of the subject property. 12. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 13. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 14. 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. 15. The Applicant proposes to develop the subject property in the following manner: Construct an eleven (11) lot residential subdivision with a shared drive-way on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) • Pine Avenue for Lots 2 through 4. The Applicant also proposes to extend Idaho Street. 16. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605M. 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. 16.2 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. 16.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9- 606B. 16.4 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 16.5 Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 16.6 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 16.7 Sanitary Sewer service to this site will be via and extension from the existing trunk main that traverses along Five Mile Creek. 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. Applicant proposes extending a private sewer main into the project in a dedicated easement. The City of Meridian will not own or maintain this line from the manhole in Idaho Street north. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) 16.8 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. 16.9 The temporary turnaround shall be constructed to ACHD design criteria, including, but not limited to HS25 loading requirements for pavement design. Subdivision designer can contact Bruce Freckleton in the Public Works Department for geometric requirements. 16.10 The preliminary plat indicates several open ditches within or adjacent to the subdivision boundary, however no existing ditch easements are shown. Show any existing easements of record. 16.11 Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Block 1. Fees are to be paid prior to signature of City Engineer on the final plat. 16.12 Applicant has to indicate whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private homeowners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O & M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 16.13 Submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 16.14 The Applicant shall provide information sufficient to determine the highest normal ground water elevation (sustained), that could be expected on the project site. 16.15 Roadway and roadway approaches to be approved by the ACRD. 17. It is found that if the developer pays for the requested improvements and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) C~ complies with the conditions set forth in these findings of fact no. 16 and all subparts the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement should be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the following are development considerations which must be taken into account, in order in 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: 18.1 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 18.2 Due to the fact that this subdivision is on a collector street that is expected to carry high volumes, a 20-foot-wide planting strip is required. The planting strip should be extended across Lot 1, Block 1, with a consistent plan, which will be reviewed for approval prior to signature on the final plat. Setbacks for the lots that have not been built on should be determined from the landscape setback line. 18.3 The minimum residential house size is 1301 feet, exclusive of garages, as determined by the Uniform Building Code. Entrance or porch areas, breezeways, or patios may not be included as part of the square footage. Revise covenants to comply with City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) 18.4 Application for variance from the minimum frontage requirement of 65 feet must be approved. 19. It is the policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed; as such the Planning and Zoning Commission recommends that a development agreement be entered into prior to the final plat being approved and prior to issuance of any building permits. 20. The Applicant's requested zoning of the subject real property as Medium Density Residential (R-8) is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 21. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 22. The development of the property as a (R-8) Medium Density Residential District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (R-8) Medium Density Residential District and is in accordance with the adoptive Comprehensive Plan of the City of Meridian. 23. There are no major or scenic features of major importance that affect the consideration of this application. 24. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 24.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) 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. 24.2 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. 24.3 Protect and maintain residential neighborhood property values, improve each neighborhoods physical condition and enhance its quality of life for residents. 24.4 The application is consistent with Meridian's self identity. 24.5 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. 24.6 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. 24.7 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. 24.8 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. 25. The property can be physically serviced with City water and sewer, if FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) • • Applicant extends the lines. 26. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian and State Tax Commission. If the legal description as submitted does not meet such requirements the Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of--way contiguous to the Corporate City Limits of the City of Meridian (Ord. No: 659, 8/2/94), and '/Z of all other adjacent Public Right-of-Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary which is required for the preparation for the annexation ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) CONCLUSIONS OF LAW LJ 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code §67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. 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 §50-222. The Municipal Code of the City of Meridian §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. 4. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 11-2-416(E)(2)(c), City of Meridian Zoning and Development Ordinance.) 6. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 1.6 To encourage cultural educational and recreational facilities FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) 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. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under RESIDENTIAL POLICIES, at page 23 2.1 U Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, duplexes, apartments, condominiums etc). for the purpose of providing the City with a range of affordable housing opportunities. 2.2U Support strategies for the development of neighborhood parks within all residential areas. 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2.4U Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 2.5U Encourage compatible infill development which will improve existing neighborhoods. 3. Under COMMUNITY DESIGN, at Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) SnPr-ial Community Design Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically- pleasing entrances to the City of Meridian. Policies 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. Quali~ of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) ~J • 7. The requested zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at 11-2-408 B. 4. as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 8. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 9. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 10. That Section 11-9-605 I states as follows: Protective covenants may be prepared and recorded as part of subdivision. This is usually done to provide protection to future property owners by establishing higher standards than required under other regulations. The provisions within protective covenants are enforceable through civil action, and local government units shall not be required to enforce these provisions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) • The Council shall review and approve subdivision restrictive covenants. prior to recording. Protective covenants may include such things as: architectural committee, minimum building floor area, mobile home provisions, allowable livestock, location of recreational vehicles, commercial and industrial activity, number of dwelling units, maintenance of open space, private utility lines, allowable signing and amendment provisions. 11. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 12. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; 5. Amore convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 13. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. ~ R~~rt vs The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 14. 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. 15. The development of the property shall be subject to and controlled by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) • Zoning and Subdivision and Development Ordinance of the City of Meridian. 16. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. 17. As a condition of annexation and the zoning of (R-8) Medium Density Residential District, the Applicant should be required to enter into a development agreement as authorized by Sections 11-2-416 L and 11-2-417 D of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that the Applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition of zoning (R-8) Medium Density Residential District, authorized by Sections 11-2-416 L and 11-2- 417 D, Municipal Code of the City of Meridian. 18. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for annexation and zoning as set forth hereinabove with the following conditions: a, Applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) • b. All conditions set forth herein be complied with. c. Applicant enter into a development agreement that provides that in the event the conditions herein are not met by the developer that the property shall be subject to de-annexation, with the City of Meridian which provides the conditions of the development as set forth hereinabove. d. It is provided that all requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated October 8, 1998, be complied with. e. All comments and conditions set forth by the Meridian Police Department, Meridian Fire Department, Meridian Water Department, and the Central District Health Department must be complied with. 19. The above conditions are considered to be reasonable and the Applicant shall meet such requirements as a condition as approval of the application for annexation and zoning. 20. It is hereby recommended by the Meridian Planning and Zoning Commission that should the Applicant meet the afore stated conditions that the requested annexation and zoning as set forth hereinabove be granted by the Meridian City Council to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as set forth within these Findings of Fact and Conclusions of Law as requested by the Applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: ~ DISAPPROVED: ~-'~ 110998-Final ~~, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) • C~ 200 East Carlton St., Suite 100 Meridian, Idaho83642-2631 Phone : (208) 887-2211 Fax (208) 887-1297 emo T« Eric Rossman Frorrr Bruce Frecldeton iCC: Project Files (Oliason Park Subdivision) Datie: 10/07/98 Ree Annexation Legal Description REcErvED OCT - 8 1998 CITY OF MERIDIAN Eric, Attached you will find a Dopy of the legal description that I have reviewed and approved for your t,lse in the preparation of the annexation orclinance for the above mentioned project. Our procedure has been that I will check the legs submitted with annexation requests, prior to their use in ordinance preparation. Let me know if your have any concerns Thanks From the desk oF... Bruce A. Frecldeton Assistant to the City Ergirreer MericGan Public Works Departrrrent 200 E. Canton St., Suite 100 Meridian, Idaho83642-2~0 (208) 887-2211 Fax (208) 887-1297 • Page 1 .. PROPERTY DESCRIPTION FOR OLIASON PARK SUBDIVISIONANNEXATION A parcel of land being the west 333.50 feet of Lot 1, Onwiler Subdivision, lying in the NW'/4 SE'/4 of Section 7, T.3N., R.IE., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the '/< corner common to Sections 7 and 8, T.3N., R.IE., B.M., Ada County, Idaho; thence, 5.89°00'00"W. 2647.59 feet along the north line of said SE '/< to an iron pin marking the Center '/4 corner of said Section 7 and the Northwest corner of Lot 1, Onwiler Subdivision, records of the Ada County Recorder, Boise, Idaho, said point being the REAL POINT OFBEGINNING; Thence along the north line of said Lot 1, N.89°00'00"E. 333.50 feet; Thence, 5.00°00'26"E. 398.46 feet to the south line of said Lot 1; Thence, N.90°00'00"W. 333.50 feet to the Southwest corner of said Lot l; Thence, N.00°00'00"E. 392.64 feet to the REAL POINT OF BEGINNING, said parcel containing 3.03 acres. ~.`'S\o~~`~64 S t f'~F ~o~a o~ ~ ~6 ~ ~ ` 2471 ~~ (% ~ FpF ~~ P FS J. H O~ ~~~~ KkV~.~.J !4-QPro~TG,~ ~~d`~n I~~bl~c ~s C:\word\documents\legals\oliason. doc MERIDIAN PLANNING AND ZONING MEETING: October 13 1998 APPLICANT: TONY HICKEY ITEM NUMBER: 11 REQUEST: ANNEXATION AND ZONING OF 2.84 ACRES FOR PROPOSED OLIASON PARK SUB AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE COMMENTS j I NAMPA MERIDIAN IRRIGATION: ~ ~ I lr i SETTLERS IRRIGATION: 4 IDAHO POWER: ~ ~ ` US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ti ~ ~ ~~~ ~'l~, 1 l~ . 3 C ~, • HUB OF TREASURE VALLEY • Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Memberx CITY OF MERI_ DIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 c2o8> ss~-2z i I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 R~G'E+ li [NG AND ZONING KEITH BIRD j~PARTMENT SEP p ~ ~ggg (208) 884-5533 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION & ZONING FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATI N PARTMENT ADA COUNTY (ANN I YOUR CONCISE REMARKS: /~ ` HUB OF TREASURE VALLEY • Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO ~ BUILDING DEPARTMENT (2os) s87 2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-~¢8~l~CEi T'~TL~~LANNING AND ZONING ~ " ' I { . .~ ~ DEPARTMENT KEITH BIRD j . d (208) 884-5533 SEP 0 ~r 1998 CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6. 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13. 1998 REQUEST: ANNEXATION & ZONING FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) ~'J YOUR CONCISE REMARKS: ~ ' ~~ r -2 ~ ~ r~ b l ~.~ Ly ~ br/` HUB OF TREASURE VALLEY Mayor ROBERT D. CORR~ A Good Place to Live Council Mem rc CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENT[-EY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208> 884-x264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6. 1998 TRANSMITTAL DATE: August 28, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION & ZONING FOR OLIASON PARK SUBDIVISION BY: J.J. HOWARD ENGINEERS LOCATION OF PROPERTY OR PROJECT: East of 603 E. Pine TAMMY DE WEERD P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P/Z KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORN EY 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 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE R D S E P - 4 1998 CITY OF MERIDIAN • ** TX STATUS REPORT ** AS OF OCT 08 '98 14 28 PAGE.01~ PUBLIC WORKS _ , DATE TIME TOiFROM MODE MINiSEC PGS CMDtt STATUS 17 10108 14 26 2083440574 G3--S 02'41" 004 039 OK CITY OF MERIDIAN PUBLIC WORK8 DEPARTMENT LETTER OF TRANSNIITTAL October 8, 1998 To: Julie Parker Via Fax # 344-1293 J.J. Howard Engineers/Surveyors 1675-A Hill Road Boise, Ydaho 83702 From: Bruce Freckleton Subject: Oliason Park Subdivision Staff Comments F.nclnsed are the fnllnwinn• COPIES DATE DESCRII'TION 1 Each 10/08/98 Staff Comments These aze transmitted: ^ For your ^ For action ^ For review ®For your use ^ As requested information specified below and comment Remarks; Attached you will fiund our staffcomments for the above mentioned project. Please note General Comment no. 7 regarding written response. Copy to: File Signed: 200 E. Carlton Street, Suite 100 Meridian, Idaho 83642.2600 (208) 887-2211Fax (208) 887-1297 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: A Good Place to Live CITE OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 October 8, 1998 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City E inee Shari Stiles, P&Z Administrator Re: OLIASON PARK SUBDIVISION by Tony Hickey Request for Annexation & Zoning to R-8 for 11 Single Family Dwellings Request for Variance on Lot Frontage from Required 65 foot Min. to 58 feet Request for Preliminary Plat Approval We have reviewed this submittal and offer the following comments, as conditions, of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's 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. Oliason ParkPP.doc Ma or, Council and P&Z y October 8, 1998 Page 2 7. Respond in writing, to the each of the comments contained in this memorandum by 5:00 P.M. of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerks Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. The legal description submitted with the application for annexation appears to meet the requirements of the City of Meridian, and State Tax Commission. 2. Sanitary Sewer service. to this site will be via and extension from the existing trunk main that traverses along Five Mile Creek. 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. Applicant proposes extending a private sewer main into the project in a dedicated easement. The City of Meridian will not own or maintain this line from the manhole in Idaho Street north. 3. 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. 4. The temporary turnaround shall be constructed to ACHD design criteria, including, but not limited to HS251oading requirements for pavement design. Subdivision designer can contact Bruce Freckleton in the Public Works Department for geometric requirements. 5. The preliminary plat indicates several open ditches within or adjacent to the subdivision boundary, however no existing ditch easements are shown. Please show any existing easements of record. 6. Developer shall be responsible for payment of assessments, and the actual physical connection to the municipal sewer and water system, of the existing home located on Lot 1, Block 1. Fees are to be paid prior to signature of City Engineer on the final plat. 7. 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street fights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private homeowners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the Oliavon ParkPP.doc Mayor, Council and P&Z ~ • October 8, 1998 Page 3 Pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 9. Please indicate the existing land use and zoning of all adjacent properties. 10. Please submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 11. Due to the fact that this subdivision is on a collector street that is expected to carry high volumes, a 20-foot-wide planting strip is required. The planting strip should be extended across Lot 1, Block 1, with a consistent plan, which will be reviewed for approval prior to signature on the fmal plat. Setbacks for the lots that have not been built on should be determined from the landscape setback line. 12. Add a note that the minimum residential house size is 1,301 feet, exclusive of garages, as determined by the Uniform Building Code. Entrance or porch areas, breezeways, or patios may not be included as part of the square footage. Revise covenants to comply with City Ordinance. 13. Applicant has submitted an application for variance from the minimum frontage requirement of 65 feet. Due to the depth of the lots, this should not be a problem, and minimum lot size of 6,500 is being met. 14. The applicant has submitted a "Water Level Investigation" report dated August 19, 1998 by Kleinfelder, Inc. to try and establish the ground water elevation on the project site. Four test hole trenches were dug utilizing a rubber tine backhoe. Water levels were recorded on that day for each of the four trenches. The trenches were then backfilled with the native materials. Although this is good information to have, we want to determine the highest normal ground water elevation (sustained), that could be expected on the project site. We have placed calls to Kleinfelder to discuss the report, however we have been unable to reach the two individuals that penned the report. Oliason ParkPP.doc ~ -r ~,: 1 i .^~' c~ z J N Z O U D O 2 T ~_ N v .... s ^ ^ O a Q ui m Q 5 N O J J T u~ ti cfl r October 9,1998 Meridian P & Z Crnnmission City Hall Meridian, Idaho 83642 >RlF'a(~'Fi~1~~ Q~T 1 3 1~Q~ RF.: OLIA,SON PART.C SUBDIVT,S><ON t~RlDIAN CITY El'1G~ER Dear P & Z Commission, This letter is in response to the letter we received from Bruce Freckleton on October 8, 1998. Responses to General Comments: 1. Any existing irrigation/drainage ditches crossing the property will be tiled per City Ordinance ),1-9-605.1v1. Plans will be submitted to the appropriate agencies for approval. 2. Any existing wells and/or septic systems will be removed from their domestic service. 3. Five-foot sidewalks will be constructed. 4. See attached letter from John Priester. Formal application for street names has been submitted. 5. We will coordinate hydrant placement with the PW Department. 6. FEMA maps have been obtained from the Department of Water Resources and base flood elevations have been determined for this area A note will be placed on the final plat. Responses to Specific Comments. 1. Great! 2. Engineer will work with Public Wotks Department to coordinate design. 3. Engineer will work with Public Works Department to coordinate design. 4. Engineer will work with Public Works Department to coordinate design. 5. There are no existing easements of record. 6. Developer will pay assessment fees and the existing home, if not already on sanitary sewer and water, will be connected to City services. 7. Streetlights will be installed at developer's expense. 8. The applicant will construct the pressurized irrigation system to NM1D Standards and will turn the approved system over to NM1D for maintenance and ownership. 9. Noted on preliminary plat. 10. See revised preliminary plat. 11. Developer will submit a plan for the planting strip to Public Works for those lots fronting Pine Avenue, and setbacks for Lots 2-5 will be determined from the landscape setback line. C ~\word\documents\legals\oli ason. doc OCT 13 '98 11 32 2083440574 PAGE. 02 • W 12. Note added to preliminary plat. Developer will amend his covenants to W reflect minimum of 1301 square feet for home, exclusive of any porch areas, breezeways, or patios. Z 13. Comment noted. 14. Since the time these corncnents were drafted, Public works has had a ~~ N chance to visit with Kleinfelder's staff and Public Works is comfortable r with the findings. W c Sincerely, N .... Z ~ Julie A. Parker c ~~ '`~ ~~/ ... N O Q O N m w O J ^ J ^ ~ .-- C : \word\documents\l egal s\oliason, doc OCT 13 '98 11 42 2083440574 PAGE.01 .,. ~ ~,., ~f ADA COUNTY ~ DEVELOPMENT SERVICES 650 Maln, Bolse, Idaho 83702 BUILDING DNISION -Phone: (208) 364.2277 PUWNING & ZONING -Phone (208) 364-2277 February 6, 1998 Julie Parker J. J. Howard Consulting Engineer 1675 Hill Road, Suite A Boise, Idaho 83702 RE: Subdivision Name Reservation - OLIASON PARK SUBDIVISION Dear Julie: At your request I will reserve the name "OLIASON PARK SUBDIVISION" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JP~p OCT 13 '98 11.32 2083440574 PAGE.03 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) RECOMMENDATION OF TONY HICKEY, EAST OF 603 PINE, ) TO CITY COUNCIL FOR ANNEXATION AND ZONING OF 2.84 ) ACRES FOR PROPOSED OLIASON PARK ) SUBDIVISION, MERIDIAN, IDAHO ) INTRODUCTION 1. The property is approximately 2.84 acres in size. The property is generally located at of 603 Pine Avenue, Meridian, Idaho. 2. The Applicant is acting on behalf of an authorization by the record owner of the property namely the Virginia Jennison Family Trust, and has filed a written request for annexation and zoning. 3. The property is presently zoned by Ada County as Rural Estate (R-1 ), and contains an existing home on Lot 1. 4. The Applicant requests the property be zoned (R-8), Medium Density Residential District. 5. The proposed site of the subject property is east of 5`h Street and north of the Union Pacific Railroad. Pine Avenue runs adjacent to the northern border of the property site. g. The city limits of the City of Meridian are adjacent and abut on the west and north of the subject property. RECOMMENDATON TO CITY COUNCIL - Page 1 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. g. 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. g. The Applicant proposes to develop the subject property in the following manner: Construct an eleven (11) lot residential subdivision with a shared drive-way on Pine Avenue for Lots 2 through 4. The Applicant also proposes to extend Idaho Street. 10. The Applicant's requested zoning of the subject real property as Medium Density Residential (R-8) is consistent with the Meridian Comprehensive Plan Generalized Land Use. Map which designates the subject property as Existing Urban. 11. There are no major or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: RECOMMENDATON TO CITY COUNCIL - Page 2 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) • 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605M. 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. 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. 1.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-6066. 1.4 Submit left{he subdhvis on and streettnames. Make any corrections approving necessary to conform. 1.5 Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 1.6 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 1.7 Sanitary Sewer service to this site will be via and extension from the existing trunk main that traverses along Five Mile Creek. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designerto 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. Applicant proposes extending a private sewer main into the project in a dedicated easement. The City of Meridian will not own or maintain this line from the manhole in Idaho Street north. 1.8 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. RECOMMENDATON TO CITY COUNCIL - Page ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) 1.9 The temporary turnaround shall be constructed to ACHD design criteria, including, but not limited to HS25 loading requirements for pavement design. Subdivision designer can contact Bruce Freckleton in the Public Works Department for geometric requirements. 1.10 The preliminary plbounda to however no existing dit hteasements are to the subdivision ry, shown. Show any existing easements of record. 1.11 Developer shall be responsible for payment of assessments, and the actual physical connec{ ~ ontLotr 1uBlopkl1 eFees are to be pa'd prior the existing home loca to signature of City Engineer on the final plat. 1.12 Applicant has to indicate whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private homeowners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O & M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of ' water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 1.13 Submit a master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 1.14 The Applicant shall provide information sufficient to determine the highest normal ground water elevation (sustained), that could be expected on the project site. 1.15 Roadway and roadway approaches to be approved by the ACHD. 1.16 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. RECOMMENDATON TO CITY COUNCIL - Page 4 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES) ~ ~ 1.17 Due to the fact that this subd es'a 20 foot wideeplanting strip sis expected to carry high volum , required. The planting strip should be extended across r ° al Bo~ t 1, with a consistent plalat Setbacks for the ots that have notbeen signature on the final p built on should be determined from the landscape setback line. 1.18 The minimum residential houseUnifo m1BO Id ngtCode sEntrance or garages, as determined by the porch areas, breezeways, or patio ants to comply with City part of the square footage. Revise coven Ordinance. 1.19 Application for variance from the minimum frontage requirement of 65 feet must be approved. Adopt the Central District Health Department's Recommendations as follows: licant obtain written approval from the appropriate entities, 1.20 The App for the central sewage and central water plans. 1.21 Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. The Planning and Zoning Commission further advises: 1.22 1.23 Applicant prepare the legal description for the annexation included in the application with legal des theloroaosed siteit an annexation permit or legal description for p p Applicant should enter into a devele nmaret otrmert by theadeveloper that m the event the conditions her that the property shall be subject to dre- of the development City of Meridian which provides the conditio RECOMMENDATON TO CITY COUNCIL - Page 5 ANNEXATION AND ZONING - TONY HICKEY - OLIASON PARK SUBDIVISION (2.84 ACRES)