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02-944 RZ Waltman Court Sub. 01-005 (102050337)ADA RECORDER J. DAVID NAVARRO BO~S~, iDAHO 2 OZ HY - I AH 8:31 0205033 CITY OF MERIDIAN ORDINANCE NO. oa-944 AN ORDINANCE FINDING THAT .JOHN AND SANDRA GOADE, THE OWNER OF CERTAIN RI~,AL PROPERTY KNOWN AS WALTMAN COURT SUBDIVISION HAS MADE A WRITYEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM L-O (LIMITED OFFICE DISTRICT) ZONING DISTRICT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE ' xx-7-2 K, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: The owner of the following described property has made a written request for a re-zone of the zoning classification for the subject Real Property herein described from L-O (Limited Office) District to C-G (General Retail and Service Commercial) District as defined under Meridian City Code ' 11-7-2 K; and JOHN GOADE RE-ZONE ORDINANCE The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and / (C-G) RZ-oI-O05 -1 Se The real property which is the subject of this ordinance is legally described as follows: A parcel of land being a portion of the NE 1/4 of Section 13, T..3N., R. 1W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the East % corner of Section 13, T.3N., R. 1W., B.M., Ada County, Idaho; thence N. 89052'22" W. 1321.24 feet along the Latitudinal Center Line of said Section 13 to an iron pin marking the CE 1/16 corner of said Section 13; thence, N. oo°13'15" E., 25.00 feet along the East 1/16 Line of said Section 13 to the POINT OF BEGINNING; Thence, N. 89052'22" W. 117.19 feet to the northerly bank of the Ten Mile Drain; Thence along said bank the following courses and distances: N. 30008'45" W. 336.83 feet; Thence N. 62002'20" W. 741.7o feet to the south line of Franklin Square Subdivision, records of the Ada County Recorder, Boise, Idaho; Thence leaving said centefline, S. 89054'50" E. 282.00 feet to the Southeast corner of Lot 18, Block 3, said Franklin Square Subdivision; Thence, N. 00008'42" E. lO7.47 feet to the Southwest corner of Troutner Business Park, records of Ada County Recorder, Boise, Idaho; Thence along the south line of said subdivision the following courses and distances: S. 85°41'16" E. 147.43 feet; Thence, N. 79°54'52' E. 523.46 feet to the Southeast corner of said subdivision and said East 1/16 Line of Section 13; Thence, S. oo°13'15" W. 826.93 feet to the point of beginning, said parcel containing 8.29 acres. 4. The following conditions shall be required as follows to-wit: Sanitary sewer service to this site is proposed via extensions from an existing main in Troutner Business Park, and from the Ten Mile Trunk line. 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 centefline. Water service to this site shall be via extensions from an existing main in Troutner Business Park. Applicant shall 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. A condition of the development agreement is that the applicant shall extend a water supply system to the proposed site. 3. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the JOHN GOADE / (C-G) RZ-ol-oo5 RE-ZONE ORDINANCE - 2 system is being proposed as a private system, plans and specifications for the irrigation system 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 shall 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. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Ten Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. A condition of the development agreement is that the right-of-way for Ten Mile Drain shall be addressed before the land is developed. To date, this has not been done with any specificity. The easement for the pedestrian pathway shall be shown on the plat. Additionally, no easement for Ten Mile Creek is shown on the plan. The plan shall be revised to show the easement/right-of-way for the Ten Mile Drain and the pathway area as agreed to with the Meridian parks Director. The right-of-way of Ten Mile Creek shall be contained within a separate common lot, with a pedestrian easement recorded for access. A pedestrian walkway shall be installed as part of this development. Coordinate pathway and fencing details with the Parks Director. Detailed landscape plans for this common lot shall be submitted for review and approval with submittal of the Final Plat application. A letter of credit or cash surety shall be required for the improvements prior to City signature on the Final Plat. Any entry signage for the subdivision shall be placed outside of a 4o= X 4o= clear sight triangle, measured from the intersection of Corporate Drive and S.W. Fifth Place. As part of the conditional use permits for the individual lots, include details of all proposed signage. Show any proposed entry signage location on the required landscape plan to be submitted with the final plat application. JOHN GOADE RE-ZONE ORDINANCE As a condition of annexation and the associated development agreement, all uses are required to be developed under the conditional use permit process. Apparently, Ada County Highway District constructed drainage ponds in the area of Lot 1, Block 2, without a conditional use permit. The design of these ponds is of concern, particularly when the area shall be highly visible when Corporate Drive is extended and aesthetics need to be reviewed. Due to the fact that this northwest portion of the property is already / (C-G) RZ-ol-oo5 -3 developed (which was the primary concern of staff during the original annexation process), removal of the requirement for a separate conditional use permit process for each individual lot shall be allowed and request that the development agreement be amended accordingly if the City Council concurs. 7. Add or modify the following notes: 15. All lots within this subdivision are subject to the terms of a development agreement recorded as Instrument No. 99039306, records of Ada County, Idaho, and any amendments thereto. ¸8. Due to the fact that Corporate Drive shall experience significant traffic once transitional properties are developed and access is available to the Landing Subdivision, direct access to Corporate Drive shall be prohibited for all lots within Block 3. e Show dedication of required right-of-way on Waltman Lane on the plat. 10. Provide a temporary turnaround at the west end of Corporate Drive and provide evidence of deposit of funds to Ada County Highway District for future bridge construction. Corporate Drive is intended to be connected to Greenhead in the Landing Subdivision in the future. 11. Ten copies of a conceptual landscape plan and ten copies of a revised plat showing all easements and pathway location shall be submitted to the City Clerk at least one week prior to the hearing with City Council. Also submit one 8 1/2 x 11 reduction of each plan. 12. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 14. Provide five-foot-wide sidewalEs in accordance with City Ordinance 12-$-2.K. ¸15. ;All construction shall conform to the requirements of the Americans with Disabilities Act. 16. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be filed per City Ordinance, except as provided for under site specific requirements. The ditches to be JOHN GOADE / (C-G) RZ-ol-oo5 RE-ZONE ORDINANCE - 4 piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 17. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 18. Two-hundred-fifty watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 19. Indicate on the final plat map any FEiVIA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 20. Applicant shall be required to file a Land Use Change/Site Development application. SECTION That the above-described Property be, and the same is hereby re- zoned and designed (C-G) General Retail and Service Commercial District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. JOHN GOADE / (C-G) RZ-ol-oo5 RE-ZONE ORDINANCE -5 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /~r~/~ day of //~~~ ,2ooa. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this //~/~-~ day of //~~ ~ ,2ooa. First Reading: ~Y --/~' --/,/~ ~N?.~ ~ .~_~y? Adopted after first reading by susp~.~e~,l~l~'i~.~"allowed pursuant to coae o-9o m: Second Reading: Third Reading: STATE OF IDAHO, ) : SS. County of Ada. ) On this t q ~ day of ~ ~ ,2002, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. I\ ~-ZONE O~IN~CE NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: -6 zmzm I Z <C tu S W §TH AVE i qlt AA AVM Ol~lJ.~O S I I ,£6'9Eg /V~,G 1.,£ I. oOOS ,,Z o~ II