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Resolution Business Park RZ 00-004 ~.,l(i~ RECORDED-REQUEST OF ADA COUNTY RECORDER /1..-~., .4~/' (/ J. OAVID NAVARRO ZOSOJL20 PH 1~33 ~ 100056508 PARTIES: 1. 2. City of Meridian G. L. VOIGT DEVELOPMENT, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this /~ day of ~ ,2000, by and between CITY OF MERIDIAN, a municipal corpoVration of the State of Idaho, hereafter called "CITY", and G. L. VOIGT DEVELOPMENT, hereinafter called "OWNER/DEVELOPER", whose address is 1908 Jennie Lee Drive, Idaho Falls, Idaho 83404. 1. RECITALS: 1.1 WHEREAS; "Owner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 iA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "C~" has ~xerdsed its statutory authority by the enactment of Ordinance 11-15-12 and 1 I-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 'WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Limited Office District (L-O), (Meridian City Code §§ 11- 7-2 G); and DEVELOPMENT AGREEMENT (RZ-00-003) - 1 1.5 WHEREAS, "Owner/Developer" made representations at the public heatings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested re-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 ~9 day of ~ , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on re-zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and aclmowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for re-zoning designation DEVELOPMENT AGREEMENT (RZ-00-003) - 2 from govermnent subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-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 Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to G. L. VOIGT DEVELOPMENT, whose address is 1908 Jennie Lee Drive, Idaho Falls, Idaho 83404, the party developing and owning said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (RZ-00-003) - 3 USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 G which are herein specified as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any Mnd or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer systmn of the City is a requirement in this District. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development ora planned commercial development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer'7"Owner" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, DEVELOPMENT AGREEMENT (RZ-00-003) - 4 provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"/"Owner" shall 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 and rezoning, with the City of Meridian which provides for the following conditions of development to-wit: 6.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be 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. No variances have been requested for tiling of any ditches crossing this project. 6.2 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. 6.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 6.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. DEVELOPMENT AGREEMENT (RZ-00-003) - 5 6.5 6.6 6.7 6.8 6.9 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. AIl site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance. Ail construction shall conform to the requirements of the Americans with Disabilities Act. 6.10 Applicant shall provide an internal vehicular access connection through the apartment complex to Locust Grove Road. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION DEVELOPMENT AGREEMENT (RZ-00-003) - 6 "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer'7'Owner' and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer'7"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approvall 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. 10. DEFAULT: 10.1 10.2 In the event "Developer"/"Owner", "Developer"s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "Developer'7"Owner" 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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the DEVELOPMENT AGREEMENT (RZ-00-003) - 7 Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer'7"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning 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 rezoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in tide 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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer'/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeldng 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 conunence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer'7"Owner" 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 DEVELOPMENT AGREEMENT (RZ-00-003) - 8 of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer'7'Owner'' have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to reversal of the zoning 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. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3i days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 G. L. Voigt Development 1908 Jennie Lee Drive Idaho Fails, Idaho 83404 with copy to: DEVELOPMENT AGREEMENT (RZ-00-003) - 9 City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 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. 18. 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. 19. 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 heretmder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person 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 successo~c owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT (ILZ-00-003) - 10 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/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 "Owner/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". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public heating(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be ~ffective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (RZ-00-003) - 11 AcICNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. G. L. VOIGT DEVELOPMENT Attest: Patricia A. Davis, Secretary BY RESOLUTION NO. CITY OF MERIDIAN Attest3fl City Clerk (/ BY RESOLUTION NO. ,Corrie 4' DEVELOPMENT AGREEMENT (RZ-00-003) - 12 STATE OF IDAHO ) :SS COUNTY OF ADA ) On this ~ d~ay of GX.~4,-- , in the year 2000, before me, j.~rkaa ~,~z, L~_~5~ a Not~ Public, personally appeared Ga~ L. Voi~ and Patricia A. Da~s, ~o~ or identified to me to be the President and Secretaw of G. L. Voi~ Development, who exemted the instrument on behalf of s~d G. L. Voi~ Development and a~owledged to me ha~ng executed the s~e. ..e' (SEAL) Commission expires: q ( ~-~,/O c~ STATE OF IDAHO ) :SS County of Ada dayo , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, 1mow 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 admowledged to me that such City executed the same. Notary Pul~ f r Iprprprprprprprprp~o~ Commission expires: DEVELOPMENT AGREEMENT O:~Z-O0-O03) - 13 EXHIBIT A Legal Description Of Property A parcel of land ind6ding a portion of Overland Road right-of-way lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 corner of Section 20, T. 3N., R. 1E., B.M., the REAL POINT OF BEGINNING of this description; Thence S 00°24'16'' W 849.15 feet along the east line of the NWl/4 to a point; Thence iN 89°52'19'' W 1,821.54 feet parallel with the north line of the NW 1/4 to a point on the centerline of the Hunter Lateral; Thence N 05°29'17" W 20.43 feet along said centerline to a point; Thence N 16014'08'' W 216.98 feet along said centerline to a point; Thence N 18027'39'' W 470.81 feet along said centedine to a point; Thence N 07006'04'' W 175.77 feet along said centerline to a point on the centerline of Overland Road, which is also the north line of said NW 1/4; Thence S 89°52'19'' E 2,060.97 feet along said north line to the REAL POINT OF BEGINNING of this description; Said parCel of land contains 38.018 acres more or less. DEVELOPMENT AGREEMENT (RZ-00-003) - 14 ~ EXHIBIT B Findings of Fact and Cohclusions of Law/Conditions of Approval Z:\WorkX~VPvlVleridian 15360IVlW. esolution Business Park AZ RZ CUP pp~DevelopAgrforRZ DEVELOPMENT AGREEMENT (RZ-0i-003) - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 06-09-00 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 37.64 ACRES FOR PROPOSED RESOLUTION BUSINESS PARK LOCATED AT THE SOUTHEAST CORNER OF OVERLAND ROAD AND S. LOCUST GROVE ROAD, MERIDIAN, IDAHO G.L. VOIGT DEVELOPMENT, Applicant. Case No: RZ-00-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 37.64 acres having come on for public hearing on June 6, 2000, at the hour of 7:30 o'clock p.m., and Council having received the report of Shaft Stiles, Planning and Zoning Administrator, and appearing and testifying on behalf of the Applicant was Becky Bowcutt of Briggs Engineering, Inc., and those appearing w~th comments or concerns were: Marion Burtell, Ted Sutherland, Bruce Waite, Dave Sheppard, John Shipley, Lacey White, Norma Gale, and Mickelle Barton, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-003) - 1 following Findings of Fact and Conclusions of La,v, Decision and Order: FINDINGS OF FACT 1. The notice of pub!lc hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for June 6, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') 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 June 6, 2000, 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 67-651 l, and Meridian City Code §§ 11:15-5 and 11-16-1. 3. The City Council takes judiciai notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title I2, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.vOIGT DEVELOPMENT/(RZ-00-003) - 2 and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 -- January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 37.64 acres in size. The property is generally located at the southeast corner of Overland Road and S. Locust Grove Road, in Meridian, and is described as follows: A parcel of land including a portion of Overland Road right-of-way lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the North I/4 comer of Section 20, T., 3N., R. 1E., B.M., the REAL POINT OF BEGINNING of this description; Thence S 00°24'16" W 849.15 feet along the east line of the NW 1/4 to a point; Thence N 89°52'19'' W 1,821.54 feet parallel with the north line of the NW i/4 to a point on the centefline of the Hunter Lateral; Thence N 05°29'17" W 20.43 feet along said centefline to a point; Thence N 16°14'08" W 216.98 feet along said centerline to a point; Thence N 18°27'39" W 470.81 feet along said centerline to a point; Thence N 07°06'04" W 175.77 feet along said centerline to a point on the centerline of Overland Road, which is also the north line of said NW 1/4; Thence S 89°52'19'' E 2,060.97 feet along said north line to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 38.018 acres more or less. 5. The owner of record of the subject property is G.L. Voigt, of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-,i TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-003) - 3 Idaho Falls, Idaho. 6. 7. 8. 9. The Applicant is owner of record. The property is presently zoned as R-4, and is agricultural land. The Applicant requests the property be rezoned to Limited (L-O). The proposed site is surrounded by an RV Park (C-G) to the north, an LDS church and a subdivision (R-1 and R-4) to the south, a residential subdivision (R-4) and (R-T) to the west and vacant land (R-T) to the east. 10. The subject property is within city limits of the City of Meridian. 11. 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. 12. The Applicant proposes to develop the subject property in the following manner: planned commercial development. 13. The Applicant's requested rezoning of the subject real property as L-O is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Unit Development. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The subject application for rezone and the proposed development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 4 relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: The goals and policies listed below most directly apply to the proposed project: Goals Section Goal 3: To encourage the ldnd 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. Goal 4: To provide housing opportunities for all economic groups within the community; Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site desigm. Economic Development Chapter The City of Meridian shall make every effort to create a positive atmosphere that encourages.., commercial enterprises to locate in Meridian. 1.3 . The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural . environment and respect the unique needs and features of each area. Land Use Chapter 1.4U - Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and louver-density development in outlying areas. 1.8U - Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.6zt ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 5 2.1U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.2U - Support strategies for the development of neighborhood parlcs 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. 4.8U - Encourage commercial uses, offices, and medical-care uses to located in the Old Tovm district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 6.8U - New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. Transportation Chapter 1.4U - Monitor and coordinate the compatibility of the land use and transportation system. 1.2 0U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Open Spaces, Parks and Recreation 2.5U - New subdivision development.., will be considered as opportunities to... encourage the development of recreational open spaces and parks as part of new planned developments. Housing Chapter 1.1 - The City of Meridian intends to provide for a wide diversity of housing types... in a variety of locations suitable for residential development. 1.4 - The deve. lopment of housing for all income groups close to employment and shopping centers should be encouraged. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-00-O03) - 6 i .6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and paris facilities, and near major access thoroughfares. Community Design Chapter 5.2 - Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U - Establish land-use designations that reflect the character of existing neighborhoods. 6.11U - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. 16. In review of the application for rezone it is provided at Meridian City Code § 11-15-1 lfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 16.1 16.2 16.3 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; The area included in the zoning amendment is not intended to be rezoned in the future; The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT / (RZ-O0-003) - 7 16.4 The proposed use will not be hazardous or disturbing to e.,cisting or future neighboring uses, subject to the conditions of the conditional use process; 16.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, ~vater, server or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 16.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 16.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 16.8 The area will have vehicular approaches to the property ~vhich shall be so designed as not to create an interference with traffic on surrounding public streets; 16.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 16.10 The proposed zoning will be in the best interest of the City of Meridian. 16.2 Staff conditions provide as follows: 16.2.1Any existing irrigation/drainage ditche~ crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be 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. No variances have been requested for tiling of any ditches crossing this project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-O03) - 8 16.2.2Any existing domestic wells and/or septic systems within this proiect shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 16.2.3 Off-street parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 16.2.4Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.2.5A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 16.2.6Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section. 16.2.7All signage shall be in accordance with the standards set forth in the City of Meridian Zordng and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 16.2.8 Provide five-foot-wide sidewalks in accordance with City Ordinance. 16.2.9All construction shall conform to the requirements of the Americans with Disabilities Act. 16.2.10 A Development Agreement shall be required. 16.2.11 Applicant shall provide an internal vehicular access connection through the apartment complex to Locust Grove Road. 17. The legal description of the property that is the subject of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 9 application for re-zone is as follows: A parcel of land including a portion of Overland Road right-of-way lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 comer of Section 20, T., 3N., R. 1E., B.M., the REAL POINT OF BEGINNING of this description; Thence S 00°24'16" W 849.15 feet along the east line of the NW 1/4 to a point; Thence N 89°52'19" W 1,821.54 feet parallel with the north line of the NW 1/4 to a point on the centerline of the Hunter Lateral; Thence N 05°29'17'. W 20.43 feet along said centefline to a point; Thence N 16°14'08" W 216.98 feet along said centerline to a point; Thence N 1'8°27'39" W 470.81 feet along said centerline to a point; Thence N 07°06'04" W 175.77 feet along said centerline to a point on the centerline of Overland Road, which is also the north line of said NW 1/4; Thence S 89°52'19'' E 2,060.97 feet along said north line to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 38.018 acres more or less. CONCLUSIONS OF LAW 1. : The Council may take judicial notice of government ordinances, and policies, and of actual conditions ex/sting within the City and State. 2. The City of Meridian has exercised its authority and responsibility as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 10 provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Tide 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: The goals and policies listed below most directly apply to the proposed project: Goals Section Goal 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. Goal 4: Toprovide housing opportunities for all economic groups within the community~ Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Economic Development Chapter 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages.., commercial enterprises to locate in Meridian. !.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area.. Land Use Chapter 1.4U - Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and lower-density development in outlying areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VO1GT DEVELOPMENT / (RZ-00-003) - 11 1.8U - Promote the development of high-quality and environmentally compatible residential greas that contain the necessary, parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.2U - Support strategies for the development of neighborhood parks ~vithin all residential areas. 2.3U - Protect and maintain residential neighborhood property values, improve each neighborhood'$ physical condition and enhance its quality of life for residents. 4.8U - Encourage commercial uses, offices, and medical-care uses to located in the Old To~vn district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 6.8U - New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. Transportation Chapter 1.4U - Monitor and coordinate the compatibility of the land use and transportation system. 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Open Spaces, Parks and Recreation 2.5U - New: subdivision development.., will be considered as opportunities to... encourage the development of recreational open spaces and parks as part of new planned deyelopments. Housing Chapter 1.1 - The City of Meridian intends to provide for a wide diversity of housing types... in a variety of locations suitable for residential development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 12 i .4 - The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Communi .ty Design Chapter 5.2 - Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U - Establish land-use designations that reflect the character of existing neighborhoods. 6.11U - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. 4. The requested zoning of Limited Office District, (L-O) is defined in the Zoning Ord!nance at 11-7-2 G as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kdnd or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 5. Idaho Code § 67-6511 provides and requires that the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-003) - 13 shall establish by ordinance one or more zones or zoning districts in accordance ~vith the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration 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 City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 6. Idaho Code § 67-651 lA provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 7. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 8. § 11-6-1 ZONING DISTRICT MAP provides in part as follo~vs: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 14 8.1 8.2 8.3 8.4 Where district boundaries are indicated as approx2mately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; Where district boundaries are so indicated that they are approximately parallel to the centeflines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracLs of said railroad line. 9. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 9.1 The new zoning will be harmonious with and in accordance ~v/th the Comprehensive Plan. 9.2 The area is not intended to be rezoned in the future. 9.3 9.4 The area is intended to be developed in the fashion that is allowed under the new zoning. There has been no change in the area or adjacent areas which ~vould dictate the area should be rezoned. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 15 9.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 9.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 9.7 The area will be serced adequately by essential public fadlities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 9.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 9.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 9.10 9.11 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 9. I2 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND .DECISION AND ORDER OF APPROVAL OF REZONING OF 37.6z1 ACRES FROM R-zt TO L-O BY: G.LVOIGT DEVELOPMENT / (RZ-O0-003) - 16 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 37.64 acres for construction and development of a planned commercial development is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be 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 Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems ~vithin 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. · 2.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-O03) - 17 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section. 2.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 2.8 Provide five-foot-wide sidewalks in accordance with City Ordinance. 2.9 Ail construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 A Development Agreement shall be required. 2.11 Applicant shall provide an internal vehicular access connection through the apartment complex to Locust Grove Road. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (L-O) Limited Office District (Meridian City Code § 11-7-2 G) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 18 Meridian City Code § 11-21-i in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a finai action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning 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. 2000. By action of the City Council at its regular meeting held on ~7~t/~.___,~/'Z' ROLL CALL COLrNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCIL PERSON TAMMY deWEERD COUNCIL PERSON CHERIE McCANDLESS VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 19 VOTED MOTION: APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Dated: Department and the City Attorney. City Clerk msg/Z:\WorI6dVlkMeridian 15360IVEResolution Business Park .~Z RZ CUP PP~FfsClsOrderREZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 37.64 ACRES FROM R-4 TO L-O BY: G.L.VOIGT DEVELOPMENT/(RZ-00-O03) - 20 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: To: From: Re: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-~99 · Fax 288-2501 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 ciI ° ice IVED JUL ] 2 2000 July 13, 2000 CITY OF MERIDIAN Mayor & City Council CITY CLERK OFFICE Bruce Freckleton, Assistant to City Engine~ Shari Stiles, P&Z Administrator ~'~ Request for Fh~al Plat for WOODHAVEN SUBDIVISION - 29 Single-family Lots on 8.25 Acres by D.W. Inc. PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 · Fax 888-6854 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 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. 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. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. o Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Subrait "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conforn~ 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. If possible, respond in writing to the each of the conmaents contained in this memorandum, prior to the scheduled July 18, 2000 hearing by the Meridian City Council. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. FP-00-012 Woodhaven. FP.doc Mayor & City Council July 13, 2000 Page 2 SITE SPECIFIC COMMENTS Sanitary sewer and water service to this site will be via extensions of the existing mains installed in adjacent developments. Applicant will be responsible to construct lateral sewer and water mains to and through this proposed development. Installation of a sewer and water lines in S. Eagle Road will be required so as to provide service to adjacent property through this development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. A perimeter fencing plan and detailed landscape plan for S. Eagle Road was submitted for review and approval by staffwith the final plat application. The exact location of all fencing is not clear on the plans. No fencing will be permitted within the 30-foot-wide landscape buffer along Eagle Road. A letter of credit or cash surety in the mount of 110% will be required for all fencing, landscaping, pressurized inigation, sanitary sewer, water, etC., prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. The pressurized irrigation system is proposed to be an extension of the existing Nampa & Meridian Irrigation District system serving Thousand Springs Village Subdivision. The areas set aside as easements for storm drainage on Lots 13, 14, 23-25, Block 2, shall be contained within common areas per the agreement between the City of Meridian and the Ada County Highway District. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a miniranm of three feet above the highest established normal groundwater elevatior~ Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. Please deliver a copy of the second page of the plat for review and approval the Public Works Department. 8. Please label the area south of the subdivision boundary as "UNPLATTED"