1986 10-207
A G E N D A
ITEM:
MERIDIAN CITY COUNCIL
OCTOBER 20,1986
•
MINUTES OF PREVIOUS MEETING HELD OCTOBER 6, 1986: (APPROVED)
1. DR. LEE STOKES,
PRESENT AWARD:
2. ORDINANCE #469:
3. ORDINANCE #470:
4. EAGLE ROAD MALL
5. DEPARTMENT REPO:
DIVISION OF ENVIRONMENT ADMINISTRATOR:
VACATION OF LOT #1 TIMOTHY SUBDIVISION: (APPROVED)
AMENDMENTS TO ZONING & DEVELOPMENT ORDINANCE:
(APPROVED)
SITE .AGREEMENT: (TABLED UNTIL NOV. 17, 1986)
l2TS
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MERIDIAN CITY COUNCIL OCTOBER 20, 1986
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30 p.m.:
Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler:
Others Present: Roy Porter, Dave Allen, Earl Ward, Kenny Bowers, Gary
Smith, Dr. Lee Stokes, Bob Braun, Wayne Crookston, Miriam Barr, Bob
Wherry, Steve Wherry, Ronda Lowe:
The Motion was made by Myers and seconded by Tolsma to approve the
minutes~of the previous meeting held October 6, 1986 as written:
Item #1: Dr. Lee Stokes, Division of Environment Administrator:
Dr. Stokes was present to give an award to the Wastewater Treatment
Plant for their excellence in the operation of the Sewage Treatment
Facility. Dr. Stokes addressed the Mayor and Council and congratulated
the City of Meridian and the Wastewater Treatment Plant Employees
for their great work and attitudes in the operation of the plant.
You will also be receiving the Northwest EPA Award. Dr. Stokes
presented the award to Mr. Earl Ward the Wastewater Superintendent.
Mr. Ward and the Employees of the Wastewater Department were applauded
by the Mayor & Council and the audience for their efforts.
Councilman Myers read a letter from Michael Quigley, Director of the
Office of Municipal Pollution Control that included a Certificate
recognizing the selection of Meridian as a National Finalist for the
EPA'S 1986 Award for Outstanding Operations and Maintenance. Even
though Meridian was not selected for the award, Mr. Quigley recognized
Meridian for their committments for effective wastewater treatment
operations, maintenance and compliance. (Letter on file with these
Minutes).
Item #2: Ordinance #469: Vacation of Lot#1, Timothy Subdivision:
M~.ypr Kingsford, An Ordinance vacating a portion of .Timothy .Subdivision
of record in Ada County, Idaho, specifically Lot 1 of said Timothy
Subdivision, according to the official plat thereof, in Book 31
of Plats at page 1923, amended by affidavit recorded January 28,1977,
as Instrument Number 7704108, records of ,Ada County, Idaho, is there
anyone present who wishes Ordinance #469 read in its entirety? There
was no response.
The Motion was made by Myers and seconded by Giesler that the rules
and provisions of 50-902 and all rules and provisions requiring that
Ordinances be read on three different days be dispensed with and that
Ordinance Number 469 as read be passed and approved:
Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea:
MERIDIAN CITY COUNCIL. •
OCTOBER 20, 1986
PAGE # 2
Item #3:Ordinance #470: Amendments to Zoning & Development Ordinance:
Mayor Kingsford, an Ordinance amending the Zoning & Development Ordin-
ance of the City of Meridian by amending Section 11-2-408 B-4 to
delete the requirement that the R-40 Residential District can only be
located in Ol¢~~Town; by amending Section 11-2-409-A, residential
zoning schedule of use controls, to allow lower density residential
uses in districts zoned for higher density; by amending Section 11-2-
410-A, zoning schedule of bulk and coverage controls to delete from
the R-4, R-8 and R-15 residential maximum lot coverage requirement
that portion of the lot covered by a garage or carport; by amending
Section 11-9-605-B-3-a, so that Meridian's highway and street width
designations conform to those of the Ada County Highway Districts;
and providing an effective date, is there anyone present who wishes
Ordinance #470 read in its entirety? There was no response.
The Motion was made by Myers and seconded by Tolsma that the rules
and provisions of 50-902 and all rules and provisions requiring that
Ordinances be read on three different days be dispensed with and that
Ordinance Number 470 as read be passed and approved:
Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea:
Item #4: Eagle Road Mall Site Agreement:
Mayor Kingsford, the Council Members have been given a copy of the
agreement that Pacific Coast Development submitted to the City Attorney
for review. I do not know whether you have had time to review this
but you will note the changes that have been made from the or+~'inal
agreement. It would be my recommendation that the Committee who
negotiated the orginal agreement be reactivated to look these changes
over and see if there is reason to change these from the or~.a~:~is~$1
agreement. There was discussion on this agreement. Additional costs
were discussed to change the agreement. It was the consensus of the
Council that the Committee be reactivated and they study over the
proposed agreement and meet with the parties. involved to see if an
agreement can be reached.
The Motion was made by Myers and seconded by Giesler to table the
Eagle Road Mall Site Agreement until the November 17, 1986 meeting.
Motion Carried: All Yea:
Department Reports:
Mayor Kingsford thanked Mr. Ward for his accomplishments at the
Wastewater Treatment Plant. Councilman Myers & Councilman Brewer
also concurred.
Mayor Kingsford, I have visited with Councilman Brewer and-the
City Engineer, Mr. Smith and they have agreed to serve as the
City of .Meridian's representatives on the APA Board, I need. to
have the Council's approval on this matter.
. MERIDIAN CITY COUNCIL. •
OCTOBER 20, x,986
PAGE # 3
The Motion was made by Myers and seconded by Tolsma to approve
the appointment of Mr. Brewer and Mr. Smith to the APA Board.
Motion Carried: All Yea:
Mayor Kingsford announced that the Chamber of Commerce elections
would be next Tuesday.
Being no further business to come before the Council the Motion was
made by Myers and seconded by Tolsma to adjourn at 7:50 p.m.:
Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
r
GRANT KINGSF , YOR
ATTEST:
W ~-[~v' ~---_
Ni Hann, ity Clerk
^,.:/Mayor Council
P & Z Commission
Att ., Eng., Ward,
St art, Fire, Police
Kiebert, Hallett
Valley News, Statesman
ACRD, CDH, NIMD, ACC
ACZ
File (2)
Mail (2)
Ja~~o srq~s ~ •
~'' 'Z UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
~ Q WASHINGTON. D.C. 20460
Z~~~pgC PRO~'~02
OFFICE OF
YVATER
Honorable Grant Kingsford
Mayor, City of Meridian
City Hall
728 Meridian Road
Meridian, Idaho 83642
Dear Mayor Kingsford:
The enclosed certificate recognizes your selection as a National
Finalist for the Environmental Protection Agency's 1986 Award for Outstand-
ing Operations and Maintenance. Although you were not selected for this
year's national award, recognition by your State and our Regional Office,
attest to your commitment to exceptionally effective wastewater treatment
facility operations, maintenance and compliance.
Competition for the National Awards was intense; over 50 facilities
were nominated for the six awards. Our national selection panel noted that
all of the finalist were outstanding. It is very gratifying to see what
highly motivated city officials and treatment plant personnel can achieve
to improve and maintain water quality.
Sincerely,
c
Michael J,liQuigley ~ // ~
Director ~~ ~/
Office of Municipal Pollution Control
Enclosure
. -' . Paa~c Coast Develop~r~ent
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and
entered into this 25th day of August, 1986, by and between
CLAREMONT~DEVELOPMENT COMPANY and PACIFIC COAST DEVELOPMENT
COMPANY, (jointly referred to herein as "Developers") and the CITY
OF MERIDIAN, Ada County, Idaho (referred to herein as "City"). .,
W I T N E S SET H:
A. The~City recognizes and acknowledges that the Developers
are attempting to develop a regional shopping mall and related
improvements at the intersection of Franklin Road and Eagle Road
in Ada County, Idaho.
B. The Developers recognize and acknowledge that as a result
of such regional shopping ma]1 and the associated spin-off
developments the City will incur increased costs to provide public
services to the project area, including fir and police
protection, and may incur additional costs of city administration.
C. The Developers recognize, acknowledge and agree that sewer
and water services are provided by the City as a proprietary
function and such services have charges and fees that make those
services self-funding. Developers agree that the fees for such
services are reasonable as set forth in the City ordinances and
schedules and agree to pay the same as required by such ordinances
and schedu~es in effect when such fees are actually paid by
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629 Camino de loa Mares Suite 205 • San Clemente. CA 92672 • (714)661.7604 • (l14) 661.7400
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Developers.', ~ ~ -
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D. The Developers recognize, acknowledge and agree'tha~-
certain existing laws of the State of Idaho prevent the City f rom
receiving certain tax benefits that could otherwf;se be derived
without such laws ar~d that the new zevenues to be received by the
City as a result of a regional shopping mall are notl substantial'.
Therrforr, tt~~: incomN t.o be derived by the City from the proposed
project will fall short of funding the estimatled costs and
expenses of providing the required increased public services.
E. The Developers and the City recognize, acknowledge and
agree that it is beneficial to the proposed project that city
services be maintained at reasonable and adequate levels, both for
the proposed project and the rert:ainder of the City, and that the
proposed mal] will benefit from such public services.
F. The~Developers recognize, acknowledge and agree that
without ad itional aid from non-tax sources the City could not
provide, no~ fund, the public services necessary for a regional
shopping mail l; that without additional funds from non-tax sources
i't would be financially difficult for the City to provide the
public services required by the proposed project.
G. The Developers and the City recognize, acknowledge and
agree that not all of the estimated costs and expens I referred to
above will accrue to the City as a result of Developer's proposed
project and that some of those costs and expenses will be the
result of spin-off development performed by others.
H. The Developers, therefore, agree to pay to the City their
fair share of the costs and expenses of funding and providing the
necessary public services to the regional shopping center in the
amounts stated below and agree to pay the same as their free and
voluntary a~t, when and as due:
1. FCDUR HUNDRED FIFTY THOUSAND and NO/100 DOLLARS
( 450,000.00) at the time the City Council passes a
r solution for conditional annexation and zoning of
t e propert tained in the .
application, d the issuance of building permits; -~~•s ~s
~E~ 2. THREE HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED ~~~~`{ ~~,
~h,ah'1 G ar,d NO/100 DOLLARS (5337, 500.00) , under the
following payment schedule:
5 27,500.00 on July 1, 1987 ~~ ~y
• S 55.000.00 on January 1, 1988 ~~ dr7
$ 55,000.00 on January 1, 1989 h/~' g'8 !
,000.00 on January 1, 1990 wrti ~~f
for a total of 5337,500.00. Any of the f regoing
sums (including the 5450,000.00 descr~ bed in
paragraph 1 next above and any portio of the
5337,500.00 described in this paragraph 2) not paid
when due shall bear interest at the rate of~12$ per
annum from the date so due to the date of~ actual
payment. PROVIDED, HOWEVER, that in the event
Developers apply for a certificate of occupancy
prior to January 1, 1990, any portion of the
S337,500.00 which remains unpaid at the time such
certificate is issued, together with any accrued
interest, shall be paid by the Developers prior to
the issuance of such certificate, and the City
shall have no obligation to issue such certificate
prior to the payment in full of all principal and
accrued interest.
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3. Additionally, Developers agree, as their free and
voluntary act, to deed to the city legal~Citle;
free and clear from all encumbrances and liens of
any nature whatsoever, one-half (1/2) acre of land
to be used for, or used to fund, necessary
additional fire protection services. There •shall be
no charge to the City or payment by the City for
said land, said ]and shall be deeded to the City at_
t1~e time the first building permit is granted, and
s~id one-half (1/2) acre shall be taken from ]and
coQntained in, or immediately adjacent to the land
cbntained in, the application and shall have
convenient access to either Eagle Road or Franklin
Road. It. is understood that such one-half (1/2)
acre may be "converted" by the City~for an
' alternaive fire station location or convferted to
cash for purposes of upgrading existing fire
protection facilities. Developers shall 'have the
right to repurchase such one-half (1/2) acre if the
City ever elects not to construct its fire station
thereon. The purchase price shall be SEVENTEEN
THOUSAND DOLLARS (517,000.00) plus two percent (2$)
pei- annum calculated from the date of issuance of
the f ii st building permit to the date of ('i)
payment or (ii) to the date which is forty-eight
' (46) months following such date of issuance,
whichever first occurs. Such repurchase right shall
be contained as a deed restriction in the recorded
deed used to convey title to such one-half (1/2)
acre to the City.
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It is understood that the foregoing payments and the
conveyance of the property described above are not in lieu of any
fees required by the ordinances, resolutions or policies of the
City but ate in addition thereto. In the event a building permit
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is issued at a time when all oz a portion of the above described
THREE HUN QRED THIRTY-THREE THOUSAND FIVE HUNDRED and NO/100
DOLLARS (S3~7,500.00), or any accrued interest thereon, has not
been paid, then it is understood that the City s~all have no
.,.~..
obligation ~o issue a certificate of occupancy until all such sums
have been paid in full.
I. When Developers apply for the first building permit of
whatsoeverlnature associated with the planned regional shopping
mall, Developers shall pay a permit fee which, under the then
prevailing schedules, would be paid for the construction of
buildings containing ,500,000 square feet. Such sum shall
$SO~ oo~
be credited to Developers , and the fees for all permits
requested by Developers or its contractors shall be deducted from
such credit 'until used in full. Thereafter, Developers shall pay
for any additional pezmits as such are issued. It is agreed that
such i
sum may or may
not be
the total
ultimate
amount paid by
Developers in building permit or other related fees. Any
diffrrencr between the actual sum due the City and the amount of
•.such czedit shall be settled between the parties at the time of
issuance of a certificate of occupancy for the first phase. Any
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interest earned by the City on the building fee credit advanced by
Developers pursuant to this paragraph shall be retained by the
City. Any subsequent additions to the project over 1,500,000
square fee, shall require the payment of all building permit fees
in accordan a with the City's then prevailing fee schedule. In no
event shall the aggregate building permit fees paid~by Developers
be less than the fees which would have been charged for a regional
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mall containing 750,000 gross square feet of buildings.
J. The°;Developers and City further recognize, acknowledge and
agree that~the development of the regional shopping center_is_
highly prob~{ble, but is not a certainty; that Developers agree to
perform the above acts and make the above payments upon the
assurance from the City that all funds paid by Developers prior to
the grant of the first building permit will be held in an
independent escrow, and said funds shall not be released from such
escrow or trust account or otherwise used for any purpose until
the Developers have applied for, and the City has issued, the
first building permit. In the event Developers do nlot apply for
such building permit, all said funds previously paid and he]d in
such escrow 'or trust account shall be returned to Developers, save
and except TWENTY-FIVE THOUSAND and No/100 DOLLARS ($25,000.00),
which the ~Cit.y shall retain for administering Developers'
~epplicationls) and funds, and Developers shall have no further
obligation hereunder except for any de-annexation responsibilities
and the re ease of liability provisions set forth below. In the
event the wilding permit is applied for, all of said f unds,
principal and interest, shall be the funds of the City and may be
used to defray the expenses of providing public services to the
City in general, and~in large part, to the regional shopping
center. Therefore, in the event such building permit is granted,
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the f unds previously and thereafter paid by Developers.'shall be
retained by the City and the City shall have no :obligation,
legally or equitably, to refund any of said funds f~r any reason
to the Developers, i.e., if the building permit is applied fbr'anT
issued but for some reason the regional shopping center fs not
constructed, City shall have no obligation to refund~or repay any
of said funds to Developers or any other entity or person...Al-1
funds and monies and land paid or given to the City by Developers
after the grant of the first building permit shall, likewise, be
the funds of the City k~ithout restriction. Notwitstanding anything
to the contrary contained herein, in the event the first building
permit is issued, the funds described herein paid by Developer tc,
City and, then, the project is not constructed solely because of
the arbitrary refusal of the City to issue some other necessary
approval o~ consent, then in that event, the City shall refund to
-Developer all such funds less the TWENTY FIVE THOUSAND DOLLARS
($25,000.00) described above (for City administration expenses)..
R. .The Developers agree that they shall have eighteen (16)
month from the date of this c ntract~and zoning, if such occurs,
to apply for a building permit. That upon application and issuance
of the building permit, the annexation and zoning,~if previously
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conditionally approved, shall cease to be conditiorieds and
Developers specifically agree that if they fail to apply for, and
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pay for, the building permit, City shall have~no further
obligation or duty to process Developers' application or request _
for permits and this Agreement shall constitute Develolset'~s'~
-_request to withdraw all of their applications; the City shall,
however, be bound to repay the funds as provided above. If. the
Developers do apply for and pay for the building permit the
further provisions contained herein shall apply.
L. The ~Uevelopers recognize, acknowledge and agree that the
Comprehensive Plan Amendment and the annexation and zoning
processes must be followed, including appropriate due; process and
hearing requirements, and that City cannot assure De~-elopers that
their application for Comprehensive Plan Amendment, annexation and
zoning will be approved as Developers have requestedi Developers
.further recognize, acknowledge and agree that by agreeing to do
the above acts and paying the above payments they have in•no way
bound the City to act in any particu]az fashion or to pass any
particular ordinances or~resolutions, and the City is free to
process the Developers Comprehensive Plan Amendment, annexation
and zoning applications under the City Ordinances without the City
agreeing, in any fashion to take any particular action on said
applications, either favorable or unfavorable, to the Developers,
it being understood that the City can, in no way, pre-judge or
pre-determine the decision on said applications; it is understood
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that the Cilty wi]1 process said applications and in .as timely a _
fashion as p~ossib]e. ." _`
- M. Although City agrees to process all applications in a
timely fashion, the City shall have no obligation tb continue to
process any 'application or permit if Developers have not met their
obligations hereunder; that by Developers' failure to pay any
amount requllred hereunder such failure shall act a~ Developers
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consent and request to terminate the processing or issuance of any
permit or application.
N. Developers recognize, acknowledge and agree, as above
stated, tha their development of a regional shopping center fs
highly prohjable but not a certainty, and along those lines agree
and consent that such annexation and zoning shall be approved
conditionally, if approved, and that the conditions shall be the
•applicatio~ and issuance of the building permit.; that when the
building petmit is applied for (and paid for) the annexation and
zoning, su~table for a regional shopping center, shall be final
and unrestricted; PROVIDED, HOWEVER, in the event the building
permit is applied for (and paid for) and Developers have not
constructed a regional shopping center (defined to mean a retail
project comtaining a minimum of 750,000 square feet of building
floor area within four (4) years of issuance of the building
permit, this Agreement shall constitute and shall be Developers
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consent and request for de-annexation, rezoning .and a change in
the Compreheinsive Plan to reflect a return of the property to its
prior condi~YOn, as then appropriate, it being understood that theme
TWENTY-FIV THOUSAND and NO/100 DOLLARS ($25,000.00) retained by
the City of the amounts paid by Developers under this Agreement
she 11 be u ed to help defray the costs of de-annexation and other
i
processes ahd Developers shall have no obligation to pay any other
of the cost associated therewith.
O. Developers hereby release the City from any and all
liability to Developers arising either under this Agreement or as
a result o~ approval or denial of Developers' applications
requestingl,a Comprehensive Plan Amendment, annexatipn or zoning,
or any other liability whatsoever, SAVE AND EXCEPT, the City's
•obligatiom to refund monies previously paid hereunder and as
requested ~iereunder, except the TWENTY FIVE THOUSAND DOLLARS
(525.000.00) to be used for city administration expenses. In
addition, Djevelopers shall indemnify, defend and hold the City
harmless flrom any claims or actions which may be brought by any
party owning land included within Developers' annexation
application or thEir successors-in-interest but riot to any other
third parties not signatory to•this Agreement or to such
annexationjapplication.
P. Thl~~~s Agreement is not intended to limit, and,does not 60
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limit, the obligations of Developers in complying with all
ordinances ~pf the City of Meridian or in their application for _
Comprehensive Plan Amendment, annexation and zoning with regard_to
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sanitary se er, sewage treatment facilities, site drainage and
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water supply) and fire protection.
Q. By~their sigrsatures hereto the signatories ofYeach
respective Developer and the Mayor of the City, each personally
warrants that this Agreement has been duly authorized by
appropriate 'resolution and that each such signatory is authorized
to sign this Agreement on behelf of the entity so represented by
such signatory. .
R. If any party hereto defaults in any manner or fails to
f u l f i l l a nay and a 7 1 provisions of this Agreement; and if the
.non-defaulting party places this Agreement with anyattorney to
exercise any of the rights of the non-defaulting party upon such
default or f'~ailure, or if suit be instituted or defended by the
non defaulting party by reason of, under or pertaining to such
default or failure, then the non-defaulting party shall be
entitled to.recover reasonable attozney's fees, costs and expenses
~',
from the defaulting party.
S. Thi~ Agreement shall not be transferrable or assignable in
any fashion~~whatsoever by any of the parties hereto. To the extent
an assignment or transfer of the Developers interest herein does
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occur by law or is otherwise permitted by the City, this Agreement
steal] be biding upon any successor to Developers. •.
/~ T. IT ~S hereby agreed that the TWENTY-FIFE THOUSAND DOLLARS.'
_($25,000. 0) to cover the City of Meridian's cost for
administering Developers' application(s) and funds hasYbeen
'received by~ the City of Meridian. No further monies shall be
released frdm escrow until permits are applied for and approved by
the City oflMeridian~ The project shall proceed forward as long as
it is an economically viable project with permits being requested
and issued c~n that basis.
CLAREMONT DEVELOPMENT COMPANY,
a Washington corporation
i
By i
Its
PACIFIC COAST DEVELOPMENT
• a Californi orpo tion
~, B
Y
Its
i'
CITY OF MERIDIAN, Ada County,
Idaho, a municipal corporation
'~'
!~. ~i ~sr~~~s ~I
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AMBROSE, FITZGERALD fJ~ CROOKSTON
ATTORNEYS AND COUNSELORS
1530 WEST STATE-P. O. BOX 427
MERIDIAN, IDAHO 83642
URANT L. AMBROSE (1915-1966)
JOHN O. FITZOEAALD, P. A.
THIS FIRM INCLUDES
WAYNE U. CROOKSTON, JA.. P.A. PAOPF9SIttNAL CORPORATIONS
October 14, 1986
MEMO R
A N D U M
To:
Mayor, rant P. Kingsford'
City Cl rk, Jack Niemann `~
Council~an Geisler
Council an Myers
Council an Tolsma
Council~an Brewer
TELEPHONE 6N6.4461
AREA CCIflE 208
From: Wayne'~G. Crookston, Jr.
REe CLAREMONT DEVELOPMENT COMPANY AND PACIFIC
COAST DEVELOPMENT COMPANY
Gentlemen:
I have been handed a proposed Development Agreement by Marv
Gibbons who ~s apparently representing Pacific Coast Development
Company. Mylcomments are as follows:
1. Thy Development Agreement is basically the !same as the
Development ~greement entered into by the City with Claremont and
Price. Ther are however some important exceptions and these are
noted below.! .
2. In paragraph H, item number 1, the phrase "and the
issuance of wilding permits" has been added. This would indicate
that the $4 0,000.00 is not payable until building permits are
issued. Thi is a significant difference in that the $450,000.00
would not be in the hands of the City nor would it be accuring
interest. T~lis is the most significant change in the Agreement.
3. In'paragraph A of the Agreement, item number 2, the due
dates for this periodic payments have been advanced one year.
4. In~paragraph I, the building permit fee would now be
based on $1:,500,000 gross square feet whereas in the previous
Agreement it called for 850,000. This would of course mean that
the initial fee for the building permit would be substantially
greater.
5. On~, the last page, page 12, paragraph T, there is an
entirely new addition. I have no problem with the statement that
the City has received $25,000.00 and that no further monies would
be releasedlf rom escrow, however, it speaks of an escrow and we
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have no knowledge of what that escrow is or the' terms or.
instructions to the escrow holder. The last sentence appears to
be a new passage and not needed. -
6. There are no notaries and I think that this would have
to be an Agr~:ement that would have to be notarized.
7. Asl!to the draft, that was delivered to me it is the
same one that was previously forwarded to us. It is made payable
to Orange Co st Title Company and not to the City of Meridian.
This apparently is pursuant to some escrow arrangement that they
have in the back of their minds but of which we have no
knowledge. believe that it should be made payable to the City
of Meridian nd immediately. negotiated unless the City goes along
with the id a in the Development Agreement in paragraph H 1.
which says t at the $450,000.00 would not be paid until the
issuance of'Ibuilding permits. As you will recall, however, the
idea of the 1$450,000.00 to be paid up front was to show good
faith and ability and also allow fund to be developed and
accruing interest so that costs of City services could be funded.
8. Again there are no escrow instructions included ~ and
there is no indication as to what the Title Company would do with
the draft or'when it would do anything or when any money would be
released to the City of Meridian.
9. Also the "draft" delivered to me is not an original.
Which I asspme it should not be if it is held by Orange Coast
Title Compani~ .
10. Al o, back to the Development Agreement, Pacific Coast
would be gi en 18 months from the date of the Contact to pursue
their devel pment and within which period they would have to
obtain their building permits. That would be approximately April
of 1988.
DATED this day of
1986.
Wayne G. Crookston, Jr.
• I •
ORDINANCE NO, D
AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT ORDINANCE OF TBE
CITY OF MERIDIAN BY AMENDING SECTION 11-2-408 B. 4, TO DELETE THE
REQUIREMENT THAT THE R-40 RESIDENTIAL DISTRICT CAN ONLY BE
LOCATED IN OLD TOWN; BY AMENDING SECTION 11-2-4.09 A, RESIDENTIAL
ZONING SCHEDULE OF USE CONTROLS, TO ALLDW LOWER DENSITY
RESIDENTIAL USES IN DISTRICTS ZONED FOR HIGHER DE1~T.SITY; 8Y
AMENDING SECTION 11-2-410 A, ZONING SCHEDULE OF BULR AND COVERAGE
CONTROLS TO DELETE FROM THE R-4, R-8 AND R-15 RESIDENTIAL MAXIMUM
LOT COVERAGE REQUIREMENT THAT PORTION OF THE LOT COVERED BY A
GARAGE OR A CARPORT; BY AMENDING SECTION 11-9-605 B, 3.. a. SO
THAT MERIDIAN'S HIGHWAY AND STREET WIDTH DESIGNATIONS CONFORM TO
THOSE OF THE ADA COUNTY HIGHWAY DISTRICTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Meridian Zoning and the Meri-clian Subdiva.~iQn
and Development Ordinances were adopted in April, 1984, and since
that time, after working with and adminiatexing the Ordinances
needed changes have becos~ .apparent; and
WHEREAS, the Mayor and City Council have .adopted Findings of
Fact and Conclusions pertaining to the proposed amendment and
WHEREAS, the Mayor and the City Council of the City of
AMBROSE,
FITZOERALD
&CROOKSTON
Attorneys and
Counsebrs
P.O. Box 427
Meridian, Idaho
83842
Telephone 88&4481
• •
AMBROSE,
FITZCiERALD
&CROOKSTON
Attorneys and
Counseton3
P.O. Boz 427
Merldlen, Idaho
83842
Telephone 88&4481
Meridian, State of Idaho, have concluded that it is in the best
interest of said City to amend the Meridian Zon~.ng Ordinance aa~d
the Meridian Subdivision and Development Ordinance effective as
set forth hereinafter:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDI~~aT, ADA COUNTY, IDAHOs
Section 1. That Section 11-2-408 B. 4. ~.e -hereby ~e~ed to
read as follows:
4. (R-40) High Density Residential District. The purpose
of the (R-40) District is to permit the establishment
of high density residential uses at a density not
exceeding forty (40) dwelling units per acre. ~e
~~e~-}-s~~r~-~c~o~ea~e~t~~rse~ l .. _t1~-~~c-~e
~~~~ =`_-__ . _ ^_~- . Connection to the Muni.ci:pa.l ~Tater
and Sewer System of the City of Meridian _is required.
Section 2. That Section 11-2-410 A, Zoning .Schedule of Bulk
and Coverage Control be amended to read as re£le_cted in Exhibit
"A", which is attached hereto and incorporated .herein as if set
forth in full hereat, which amendment deletes from the Schedule
the footnote 5 to the R-40 Residential designation which footnote
indicated that R-40 Residential can only be located in O3,D TOWN.
Section 3. That Section 11-2-409 A, Residential Zoning
Schedule of Use Controls be amended to read as reflected in
Exhibit "B", which is attached hereto and incorporated herein as
I • ' •
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counaetora
P.O. Box 427
McHdlan, Idaho
83842
Telephone 8884481
if set forth in full hereat, which amendment .reflects that lower
density residential uses are allowed in areas zoned with a higher
residential zoning.
Section 4. That Section 11-2-410 A, Zoning Schedule of Bulk
and Coverage Control be amended to read as reflected in Exhibit
"A" as incorporated in Section 2 above, which this_sects~n amends
11-2-410 A to add a footnote to indicate the garage or carport
area is not to be included in determining maximum lot coverage in
the R-4, R-8 or R-l5 Resi.d+ential districts.
Section 5. That Section 11-9-605 B. 3. a. be amended to read
as follows:
a. Street Right-of-Way Widths - shall .comply with
the requirements of ACRD or any successor agency.
Street and road right-of-way widths shall conform to
the adopted major street plan or comprehensive develop-
ment plan and the rules of the State Department of
Highways and the Highway District or Department having
jurisdiction. Minimum right-of-way standards are as
follows:
Highway and Street Types Widths
Expressway or Freeway.........~.,,.,.160-260 .feet
Major Arterial ......................,.8.0 ~~ feet
Minor Arterial ...............~.,._,,~.~a66 -~ f:eet
Collector Street............,,,_..,~,,,..,..6.0 feet
Minor Street ..................~.,~~»:.,~,~.5fl feet
i •
40-46 feet
Non-Continuous Residential Street.....,--
Section 6. EgF.ECTIVE DATE:
WHEREAS, there is an emergency therefor, which
emergency is hereby declared to exist, this Ordinance shall take
effect and be in full force and effect from and after its
law.
passage, approval and publication as required by
Passed by the City Council and approved by the Mayor of th>r
Idaho, this day of October,
City of Meridian, Ada County,
1986.
APPROVED:
ATTEST:
CITY CLERR-J CR NIEMANN
AMBROSE,
FITZGERALD
gCROOKSTON
Attomeysand
Oounsalore
P.O. Box 427
Meridian, Idaho
83842
TelaPhone88&4481
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a e~ EXF;~~BIT "8"
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ORDINANCE NO.
AN ORDINANCE VACATING A PORTION OF TIMOTHY SUBDIVISION, OF RECORD
IN ADA COUNTY, IDAHO, SPECIFICALLY LOT 1 OF SAID TIMOTHY
SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOR 31
OF PLATS AT PAGE 1923, AMENDED BY AFFIDAVIT RECORDED JANAURY 28,
1977, AS INSTRUMENT NUMBER 7704108, RECORDS OF ADA COUNTY, IDAHO.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest
of said City to vacate a portion of Timothy Subdivision,
specifically Lot 1 thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
pF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1: That pursuant to Section 50-1306A, specifically,
and Title 50, Chapter 13, Idaho Code, generally, the City of
Meridian, having held the required hearing and it appearing that
proper notice of said hearing was given, hereby vacates Lot 1 of
Timothy Subdivision, according to the official plat thereof filed
in Book 31 of Plats at Page 1923, records of Ada County, Idaho,
as amended by Affidavit recorded as Instrument No. 7704108,
records o£ Ada County, Idaho.
Section 2: WHEREAS, there is an emergency therefor, which
emergency is declared to exist, this Ordinance shall take effect
and be in force from and after its passage, approval and
publication as required by law.
PASSED by the City Council and approved by the Ma r of the
City of Meridian, Ada County, Idaho, this ~y~yr day of o bye
1986.
ST:
--City Cler
AMBROSE,
FITZGERALD
& CROOKSTON
Ariomeys end
Counselors
P.O. Box 427
Merldlen, Idaho
83842
Telephone 8884481
ST E OF IDAHO, )
ss.
County of Ada, )
Mayor-- ran P. i ford
I, Jack Niemann, City Clerk of the City of Meridian, Ada
•
,,~~"'.
.~
1r
AMBROSE,
FITZGERALD
&CROOKSTON
Attomeye and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 8884481
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE VACATING A PORTION OF TIMOTHY SUBDIVISION, OF RECORD IN
ADA COUNTY, IDAHO, SPECIFICALLY LOT 1 OF SAID TIMOTHY
SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN BOOR 31
OF PLATS AT PAGE 1923, AMENDED BY AFFIDAVIT RECORDED JANUARY 28,
1977, AS INSTRUMENT NUMBER 7704108 RECORDS OF ADA COUNTY,
IDAHO," passed as Ordinance No. ~,~ b the City
Coun '1 d Mayor of the City of erid an, on the ~ day of
~~~~a~ , 1986, as the same appears in my office.
DATED this 1 ~ day of
STATE OF IDAHO, )
ss.
County of Ada, )
\.
- City er , ity of Meridian
l Ada ounty Idaho
~--..
On this ~~ day of ~~~ bv~ , 1986, before me,
the undersiged, a Notary Pubic in and for said State, personally
appeared Jack Niemann, known to me to be the person whose name is
subscribed to the within and foregoing instrument, and
acknowledged that he executed the same.
IN WITNESS
my official seal
written.
SEAL
._ ,,s
.•y ~ {
'~~~`y ¢
j~~~,~
WHEREOF, I have hereunto set my hand and affixed
the day and year in this certificate first above
otary Public for daho
Residing at: Merid an, Idaho.
Ada Counfy, Idaho, ~
Requs+:t Of
~~
LIME ~~~,s A ~,
DATE ~~~~}} ~ 8(~
JOH~i BASYI A
ECORR~R
i~
Dep"ty ~
~"_