The URL can be used to link to this page

Messina Meadows Pool CZC 06-173.1 ~~.i ~. .- cr['v an ~~~~~; ~ li~ ;~ ~6 ~~ ~ ~ (~ IDAHO ~tECEIVEi3 City of Meridian City Clerk Office CERTIFICATE OF ZONING COMPLIANCE* Date: September 14 2006 Project Name: Messina Meadows Pool `- ~ ~ ~ ~ G ~ ~ I ~ ~ Owner: Tuscany Development Inc Site Address: Lot 2 Block 22 Messina Meadows Subdivision No. 1 Proposed Use: Community Restrooms /Utility Room & Pool Comments: Conditions of A rpp oval: Project is subject to all current City of Meridian ordinances and conditions of approval for the Messina Meadows No. 1 Subdivision. Issuance of this permit does not release the applicant from any previous requirements of the other permits issued for this site. The issuance of this permit does not release the applicant from any requirements ofthe approved Annexation /Zoning (AZ-OS-017), Preliminary Plat (PP-OS-019), Final Plats (FP-OS-076; FP-06-036), Conditional Use Permit (CUP-OS-026), as well as any Development Agreements recorded for this site. Site Plan: The site plan prepared by The Land Group, labeled Sheet L1.0 and dated August 28, 2006, is approved (stamped "Approved" on September 14, 2006, by the Meridian Planning Department) with no changes. The site plan is not to be altered without prior written approval of the Planning Department. Landscape Plan: The landscape plan prepared by The Land Group, labeled Sheet L1.1, L2.0, & L2.1, and dated August 28, 2006, is approved (stamped "Approved" on September 14, 2006, by the Meridian Planning Department) with no changes. The approved landscape plan is not to be altered without prior written approval of the Planning Department. No field changes to landscape plan permitted; prior written approval of all material changes is required. . Elevations: The Floor Plan and Elevations prepared by Hansen Design Group, labeled Sheets A2.1, A3.1, A4.1, & A5.1, and dated April 12, 2006, are approved (stamped "Approved" on September 14, 2006, by the Meridian Planning Department) with no changes from the Planning Department. The approved elevation plan is not to be altered without prior written approval of the Planning Department. Irri ag tion: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-10, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11- 3B-10-C.5. Parkin: The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project engineer/architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. Curbing: Per UDC 11-3C-SB-4, all sidewalks and landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18. Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7. Lighting: Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC-11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap-Accessibility: The structure, site improvements, and parking areas must be in compliance with all federal handicap-accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. A Temporary Certificate of Occupancy may, be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" on September 14, 2006, and Elevations, are not to be altered without prior written approval ofthe Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. ~,,~ ~ Q Amanda Hess Associate Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. ~, ~'~a~~ , ~nvor eri~ian =~ ~`,;, ~' ~~_. ~~ .:;:~.,`nlYr'ny_~gva_~~-"','sue.-.' i ~- 14~ Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Accessory Use ^ Alternative Compliance Certificate of Zoning Compliance ^ Conditional Use Permit Minor Modification ^ Design Review ^ Properly Boundary Adjustment ^ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Director) ^ Vacation ^ Other STAFF USE ONLY: Filenunl-ber(s): ~~C'D6-~~'~ Project name:- QS ~ ~ Date filed: d Date co plete: ~, Assigned Planner: ~ u ~ L\ G~ ~~5 S Related- files: Applicant Information 4 Applicant name: kSL'~^ d'"~ Phone: ~~~ ~~4 \\ '' Applicant address: ~d J 3~'y' MV'~ ~1.f 4-w+ Zip: ~3~'~ Applicant's interest in property: ~ Own ^ Rent ^ Optioned ^ Other ~ ~'`''~ ~yc+•-, Owner name: ~ Phone: $~~' ~ 9 ~~ p Owner address: l ~ ~X 3~ ~~J ~~~ Zip: ~6~ ~ -- , t ~• ~ r' °~ °V r~ 'V ""tT~'~ architect, engineer, developer, representative): I Agent name (e .g . ~ . - ~ - } Firm name: I "' ~ W~'S'~`~ <<" ~ ~ d Phone: ~~1D q1~ ~ 7 Address: 1~t~ 4eX 3~ {~~[ ~ ~.t ~ Zip: g3 ~~ wner ~ Agent ^ Other Primary contact is: ^ Applicant^ O ,~ p Contact name: ~~~ ~ ~ ~'`TQ-`tee 1°A~f 3 Phone: ~~b « ~ E-mail: ~`~"`'' ~, W~ «C ~.cd •GGty. q q G ~ Fax: ~56~ ! I T 1 Subject Property Information ~ • T 3 ~l 5~ c~,t Location/street address• 1M t S z i ,~ a~ ryes w~ S // - ~~bLk ZZ.. Assessor's parcel number(s): L.~°1` ~ q Township, range, section: 3 ~ ~ ~ ~ ~ 1 Total acreage: ~ ~ Current land use: S "` ~ ~' /i' S ~ o.~ Current zoning district: i 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: ~vww.meridiancity.org 1 ProjectJsubdivisionname: ~'1aSS~~~u P~t/~r'/'~~ General description of proposed project/request: fwd ~^v~tir Proposed zoning district(s): _ Acres of each zone proposed - ~-S Type of use proposed (check all that apply): ^ Residential ~ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): s1til~~ ~~~~/y,~ ` ~`~`~'~ r~r`" Who will own & maintain the pressurized irrigation systemin/ this development? `'r'l ~y Which irrigation district does this property lie within? /V ~ ~~ Q rrimary irrigation source: l ~ Secondary: W e'~ ~ T"~'~ ~"'~ ~"'~ `~ `'L~ t `•'^ Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. gazage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: 'a Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Molti-family Non-residential Project Summary (if applicable) Number of building lots: I ~ Other lots: Gross floor area proposed: 3,50 d Existing (if applicable): Hours of operation (days and hours): ~ CIS (~- ~""~r5 Building height: Percentage of site/project devoted to the following: Landscaping: .S s Building: ~ Paving: Total number of employees: ~ Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of pazking spaces provided: 1~- Number of compact spaces provided: ~-- Authorization Print applicant name: _ Applicant signature: _ Phone: (208)888-6854 2 ~~ ~~~ SEA 0 6 X006 July 5, 2005 ~1'~ ®Siy~a~~ ~+~~yt1-~RI{BA7~yp7Tp-~ P~~~~lli7~ g~;, ~111V 11\~A Meridian City Planning and ZoningBuilding Departments 660 E Watertower Lane Suite 202 Meridian, Idaho 83642 RE: Usage of Pool Structures (Messina Meadows 1, a Tuscany Subdivision) Attn: Planning and Zoning Review Department Tuscany Development Inc. is submitting for the approval of a 46,000 gallon community pool and a 900 square foot pool house within the Tuscany Subdivision. The pool will be constructed on a common lot area to be used as an asset as well as an amenity to the homeowners in the community. We feel that this pool and its surrounding structures will greatly benefit the City of Meridian and its residents. The community pool will be used for leisure and swimming recreation. The trash removal plan has been discussed and approved by SSC the waste management company servicing the Tuscany Subdivision. A 95-gallon (toter), which is the common, upgxaded waste removal trashcan used for dome sites will be used at the pool site. This trash bin will be taken to the street on a weekly basis through the direction of the homeowners association. I have contacted SSC and this is an acceptable solution for trash removal, which does not require an additional written approval. Other subdivisions with pools use this same method, which is approved by SSC. Tuscany Development Inc. will be directing and supervising the installation of this pool structure. The construction will be done in accordance with all building provisions set forth by the Building Department when approved by the Planning and Zoning Department. We thank you for your time and consideration regarding this matter. Tuscany Development Inc. 660 E Franklin Rd. Suite 240 Meridian, Idaho 83642 Trent Nieffenegger -Project Manager ,, _: ~ ~ ~;' - ® _l ~~'~ S. BURGO AVf. ~ - -- - ~- ` - ~- I ./__--_-_-- ... ~.~ ~ j i ~ 6 l.. i~ ~_i,..-. ~. ~ -1 ' I Y-i~ ~" ~ y 6 ~ I 'i ~ a ~~ j ~~~ :a~f~ ... i. ~ i I :. ~.. ~ ~ I ."Y.' ~ ~ ~ _._ ~ s _ ;~ ~ , ~ ~' ~~ ~; ~ - ~~~~ ~ ~ A~§ ~~ 1~~1;~~I4 ~ ~. i--- ~ ~ ;e ~ i ~I . ~ .,.. ... .. _::.~_ ~- j __' ! ~ g-- - --- I ,~. 4! E i ,:. ~; ~I 0 0 ~~ a~e~ ~ ~ T" ~ ~- ag3€ ~ G~ d ~~ D ~~ D r. =I~ ~ L J sv" ~qf m G7 € O -~~~ ~ ~ ~s a m ~ a~~Hr ~ i ~ 4 I~TI D ~~ ~ ~~(-~J ~ ~ ~ m A~ ~ ,~ : i ~ G-~ Rfl (p ~~ ~g 9 \~ \ ,~ \\ \ `,\ ~'~ ~` ~~ ®~, `` ~' 't O O O O O ~~~ ~ S KT 8g ~ ~ a ~ I ~~L ~~~~~ / / ~/~~/ @ e:ti ~ e ~ ~~ ~ ~ Atam ~N ;~~p s ~ C \ ~~~~ n 1 I I/ g ~~~ _ , Z e ~IT~,~ 5 ~ ~~~ v ITI<~~~~ ~ I1=~i,~i IIT<~~: ~J\\/ 9 ~ F ~ ~9 I ~ ~_~'= €~,pp~^ ~i,~s Messina Meadows Pool ~s ~ ~ ;~-~ ~-~~ ~ ~~~~~~~ ~~ ( ~~~ Certificate of Zoning Compliance ~" a g~~", g Y~~i s ~ , ~ `' Meridian, Idaho b 1 avow 3~pv3 ~I1 -. - j~~~ 4-PSN T~ i -/ I . ' ~ ~I .I 17JPAH+ III , I i ;; I \ _~ ~I ~ ~- e e I ' ® _ TU-SA 1 I ~ il, .. .~-~a -.._. .. a 0 m PLANT SCHEDULE _ _ . KEY BOTANICAL NAME COMMON NAME SIZE LLASS OECIOUOUS SHAOE~uES '- - F°~- e ORN4MENfAL FLOWFAING TREES: CONFERDUS TREES- s,~. :a..ywnw: Wme SHRUBSREflENNIALSKIRN4MENTAC GRASSES °m~o+u rsx aw'~unwwnwv'ce m.l~ww ~.., ~ ~K ~v~ml I ~' °~~ ~~~ mw'M~~es~c[ ~~~' \\ ~~, ,a ~~ ~7l~ EXISTING a°,°~,,,,~ ~ ,~,®.~~ ~"m ,°,~a 5'VINYL ~~~°~ FENCE ,~„.>F,,,~,~,,,,w,,,,m,„,,,~,,,o~,~, I - 4RF N~ CONIFEROUS TREE PLANTING ~;- »me°~ ---- - ~3-PSN 2-PAH -- =-- -- ' --- e .,,W _. ~ .~,~ _--- __ - __ a~ __ r _... -- -- 1. ,~~ ,, /1SHRUB PLANTING - _ u ores. +'~..'.. ~o-oo~. NOTE s~... ~sm°atA. u~°w~mt~Mm~uroe[ sec.-.. _wA~.. (ZTYPICAL PLANT SPACING ~~ J rmmue LANDSCAPE PLAN LEGEND LANDSCAPE & IRRIGATION NOTES: u ilea ,°_-"° ®mauloE.wiusua ~~wi.r'°wm" m. ~.,µ•«rm` ~,°iNi..r, ..awe°e~.wxu`° ~~ xp..iw.rmmes.~.ir.wwnne.aarms ti.ewi w.~~ iomo !~ 1~ emnn.rmwu~ r.r°ir"r.°w e+nro° e~°`°.:w~.men°..01~°.:aa,"°~ u~wre...+r r°~.i..° mww.ur.unre~ F11fvMW MMJ OIIttnv ,.~ 6-------- / '~°'~'"~'~"" e"~°""°" grvW s /~/~.'.ws °,~ ~,~~ ..n 77~~"``/~~ r''inrrsisa' ronES ,e...»o~,aa~a.a,~,.a,.ff~,~a„tea .w....s~~,.,, G DECIDUOUS-TREE PLANTING °~ ~- ~~ m, NOES'. n.°auo mnu.wu. nPERENNIAL & GROUNDCOVER `' PLANTING ~"°°°~ PROJECT CALCULATIONS CONTACT INFORMATION: \\01111~~111~/',' ~~lll~u~1\\\. N U C . f0 O Q Q. N ~ Uo o m~ ~ C~ ~ -C c 0 '~ ~N~ C 0~ ~Y ~ U ~_ N U I`~ • L~- THB ~®URGIP .~.~ ~~ -~%-- r`.ee~~ i ~°~r° ....+.er°a~~ eca>: nma ~~POd Lm Layaul Plan L1.1 (ZPOINT OF CONNECTION mg~ (r1MANUAL DRAIN VALVE V am,.. IRRIGATION LEGEND 9 m e -~-- nSPRAY HEAD POP-UP SPRINKLER DESIGN /BUILD. IRRIGATION SYSTEM IRRIGATION NOTES SYSTEM PERFORMANCE REQUIREMENTS LATERAL LINE PIPE SIZING PRESSURE IRRIGATION SYSTEM NON-POTABLE WATER NOTES ro U C N ~a o_ E `~ U 3 L p pl m ~Ca ~ C c O !~ ~N ~w m ~ og N ~ ~~ N U DRIP IRRIGATION NpTEB ~LUTOMATIC IRRIGATION CONTROLLER °'~°~ ROTOR POP-UP SPRINKLER ~ ~.. ....r` ~ `IPabr~mu~im T~LEMOTE CONTROL VALVE am.~. ~• ~~~ -- -- _ -- ,~ k . _ __-- me~,~w,~,.~ - ,~~.~„~ / , ~ ~ ~ y,ZTECHLINE LAYOUT FOR --- 'TREE PLANTERS ""`"` „ j ~ i ~ LOT 1, E U ~ ~' ~. `eo~oF ~~ '~l~nn I ! r ~ U r . ~~~ti~ ~J o~~ ~,; o ',, ~ a'~ N ' h%' \\ i - ,. 3 (r~REMOTE COMROL VALVE ~g~ N'~- ~ ~, ~ nDRIPPER LINE LAYOUT '', WR"H 3/4' FILTER ~ ~ ~ ,~".:;~~~~\ ~; I FOR SHRUBS .~~'.~ 'N N y ' ~ I ~ `~ - f ® -- -SSA ~~;~~- ~-~ ----~- ~ voa r-- g 1/ -' i ., . (SLUSHING VALVE ~ s ~ I an ~~LNCH SECTION w i _ } ~ ~ ~ . C6~.~ ;~ _ _ rri a .. ~,..~__- r 4 AIR /VACUUM RELIEF VALVE f m.~. z ~. ~~ wiab R 8 s ~~ L2.1 ~ _ *`~ ~~~~ CH +~I V ~ ~ ~. , ~ October 4, 2006 ®~~ ~,~ ~`~~~~"~°~, ~,~~F3 ~~~4~~~~ ~ .~~~ i~ ~ TO: Tuscany Development In~~-``~`~~~ P.O. Box 344 Meridian, ID 83680 SUBJECT: CZC-06-173 Messina Park E. Tusa St. John S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Amold, Commissioner On 5-26-2005, the Ada County Highway District Commissioners acted on MPP-05-019/MAZ-05- 017/MCUP-05-026 for Messina Meadows Subdivision. The conditions and requirements also apply to CZC-06-173. • Prior to final approval you will need to submit plans to the ACHD Development Review Department. • A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. If you have any questions or concerns please feel free to contact this office at (208) 387-6177. Sincerely, G /(~J~GC ~~G~if4~ Chelsee Kucera Planning Intern Right-of--Way and Development Services CC: Project File Lead Agency: City of Meridian The Westpark Company Greg Johnson Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us f ~~~~~j CHD ~ios~+»vG~acl~o Sritiv~icr. May 26, 2005 To: Tuscany Development, Inc. PO Box 344 Meridian Idaho 83680 Subject: Messina Meadows Subdivision 491-Lot Single-Family Residential Subdivision West Side of Eagle Road Between Victory and Amity John S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner On March 25, 2005, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6177. Sincerely, Andrea N. Tuning ~ / J Planner III v Right-of-way & Development Services, Planning Division CC: Project file, Construction Services, Utilities City of Meridian Briggs Engineering 1800 West Orchard Road Boise Idaho 83705 Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us z r' ' ~~~~~ CHD ~ G'o,,,.,h,~`~ac~o 5' Riy~~r-of--Way & Development Services Planning Review Division This application requires Commission action~due to~the~size: of the developments This item~is sctiedufed tv be on the consent agenda on WednesdayM®y 25,r2005,af,6a~(~Ipm~;T~h Pbwiewfor#hi~~erri,cN~a~:held.w~th.~ ~- the applicant on Friday May 6, 2005. Please+1refertkratret aftachmgnt fir n•c~uesf.for reconsideratiorir~~ ;.~, ~~~ . ; guidelines. Stafif contact: Andrea N. Tuning,!213&387yS1~A7: phone,--2U8'-387=6393=fax, ~ `~ ~ f `: ~ `~ ~ ` atuning(a~achd.ada.id.us ~ _ File Numbers: Messina Meadows Subdivision / MPP-05-019 / MAZ-05-017 / MCUP-05-026 Site address: West side of Eagle Road south of Victory Road Owner/Applicant: Tuscany Development, Inc PO Box 344 Meridian Idaho 83680 Representative: Briggs Engineering 1800 West Orchard Road Boise, Idaho 83705 Application Information: The applicant has submitted an application to the City of Meridian requesting annexation, rezone, conditional use and preliminary plat approval to construct a 491-lot single-family residential subdivision on 136.72-acres. The site is currently zoned RUT and is proposed to be rezoned to R-8. The site is located on the west side of Eagle Road approximately %Z of a mile south of Victory Road. Acreage: 136.72-acres Current Zoning: RUT Proposed Zoning: R-8 Buildable Lots: 491-Lots Common Lots: 67-Lots Vicinity Map 1 A. Findings of Fact 11. Trip Generation: This development is estimated to generate 4,690 additional vehicle trips per day based on the submitted traffic impact study. 12. Traffic Impact Study: A traffic impact study was required with this application. A traffic impact study was compiled by Dobie Engineering. A summary of the findings and recommendations have been compiled below: The site plan for the Messina Meadows Subdivision includes 490 single family residential lots and a park §ite. 1. At full buildout the site development will produce a total driveway volume of 4,690 vehicles per day with a PM peak hour loading of 495 vehicles per hour. 2. The proposed site access plan includes 1all-movement driveway to Eagle Road and 1 access to Amity Road. 3. The Eagle/Amity intersection now operates with only moderate traffic congestion. Sufficient capacity does not exist with the current lane geometry to accommodate projected traffic volumes through the year 2007. Lane improvements and a traffic signal should be planned for this intersection. 4. The current ACHD work plan includes the reconstruction of the Eagle/Victory intersection by 2007. The ACHD CtP includes the widening of Eagle Road between Victory and Amity by fiscal years 2011-2015. 5. The proposed site access plan will meet generally acceptable standards (LOS "C"). The average delay for vehicles exiting the site will be 17 seconds, and queue spillback from the arterial intersections wilt not block any of the proposed driveways. RECOMMENDATIONS 1. A left-turn lane should be added to the Eagle/Amity intersection to accommodate year 2007 traffic volumes. A future traffic signal will be required. 2. The proposed access to Amity Road will require the construction of a left-turn lane plus aright- turn deceleration lane. 3. Improvements to Eagle Road will require a continuous 2-way left-turn lane that connects with the planned improvements at the Kingsbridge Subdivision entrance. STAFF COMMENTS 1. A signal will be needed at the intersection of Amity Road and Eagle Road in the near future. The District has this intersection included in the Capital Improvements Plan to be reconstructed in 2011 to 2015. 2. The traffic impact study shows the Eagle Road /Victory Road intersection operating at a LOS C in buildout year (2007) and the Eagle Road /Amity Road intersection operating at a LOS D in buildout year. The levels of service of these intersections assume that Eagle Road will be constructed as a 5-lane roadway. 13.. Impact Fees: There will be an impacCfee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based. on the impact fee ordinance that is in effect at that time. 14. Site Information: The site has four existing.single-family dwellings and is primarily agricultural in nature. 15. Description of Adjacent Surrounding Area: a. North: Messina Village Subdivision b. South: 14.7, 6.58, 3.0, 23.4 and 27.49-acres (zoned RUT) 2 c. East: 27.49-acres (zoned RUT) and Eagle Road d. West: Bellingham Park Subdivision 6. Impacted Roadways Eaole Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: An acceptable Level of Service COMPASS Planning Thresholds Amity Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: An acceptable Level of Service COMPASS Planning Thresholds 1,321-feet Minor Arterial South of Victory was 4,989 on 2-14-02 Better than C 50 MPH for this segment of roadway is a Level of Service D based on 399-feet Minor Arterial West of Eagle Road was 4,439 on 2-14-02 Better than C 50 MPH for this segment of roadway is a Level of Service D based on 7. Roadway Improvements Adjacent To and Near the Site utter or sidewalk abutting the site. Eagle Road is improved with 2-travel lanes with NO curb, g Amity Road is improved with 2-travel lanes with NO curb, gutter or sidewalk abutting the site. 8. Existing Right-of-Way Eagle Road has a total of 50 to 73-feet of right-of-way (25-feet of right-of-way). Amity Road has a total of 50-feet of right-of-way (25-feet of right-of-way). 9. Site History The District has not previously reviewed a development application on this site. 10. Capital Improvements Plan/Five Year Work Program Eagle Road (from Victory Road to Amity Road) is identified as project #17 in the District's Capital Improvements Plan. Eagle Road is anticipated to be widened to 3-traffic lanes with curb, gutter and sidewalk in 2011 to 2015. This segment of Amity Road is not included in the District's Five Year Work Program or Capital Improvements Plan. 11. Other Development in Area On July 24, 2002, the Commission reviewed and approved Messina Village Subdivision (aka Tuscany Lakes Subdivision). Messina Village Subdivision was a 455-lot residential subdivision on 196.20- acres. Messina Village Subdivision is located directly to the north of this site. On September 1, 2004 reviewed and approved Bellingham Subdivision. Bellingham Subdivision was a 166-lot residential subdivision on 43.18-acres. Bellingham Park is located directly to the west of this site. 3 B. Findings for Consideration Eagle Road -Right-of-Way and Improvements District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector ,.~ roadways and arterial roadways (7204.7.2). • Eagle Road is currently in the District's Capital Improvements Plan to be improved to 3-traffic I lanes with vertical curb, gutter and sidewalk. Due to the fact that Eagle Road is included in the Capital Improvements plan fora 3-lane roadway, the District can purchase _35-feet_of right- of-way from the centerline of Eagle Road with_ire~funds. Staff is recommending that the District acquire additional right-of-way on Eagle Road that will accommodate for 5-traffic ~, lanes in the future. The additional right-of-way can be purchased utilizing ,corridor p, r~se~vatier~rftmds- Staff is providing the appl' nt with two options: ~ 1. The applicant may dedica 48-feet night-of-way from the centerline of Eagle Road and construct a 5-foo concre a sidewalk located a minimum of 41-feet from ~~ nterline of Ea le Road. the ce g OR 2. The applicant may dedicate 38-feet of right-of--way and construct a 5-foot concrete sidewalk located within the landscape buffer. The applicant will be required to place the sidewalk within an easement. 2. Amity Road -Right-of--Way and Improvements District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). • Amity Road is not included in the District's Five Year Work Program or Capital Improvements Plan. As such, the District can not purchase right-of-way utilizing impact fee funds. Staff is recommending that the District acquire right-of--way on Amity Road that will accommodate for 5-traffic lanes in the future utilizing corridor preservation funds. Staff is providing the applicant with two options: 1. The applicant may dedicate 48-feet of right-of-way from the centerline of Amity Road and construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Amity Road. OR 2. The applicant may dedicate 38-feet of right-of-way from the centerline of Amity Road and construct a 5-foot concrete sidewalk located within the landscape buffer. The applicant will be required to place the sidewalk within an easement. 3. Turn Lanes on Eagle Road District policy 3004.1, 72-F8, AASHTO guidelines and the MUTCD guidelines require the turn lane to be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. • According to the submitted traffic impact study, a continuous left-tum lane should be constructed on Eagle Road at the intersection of East Mona Lisa Drive. This tum lane should connect with the left turn-lane that is anticipated to be constructed as a part of I(ingsbridge Subdivision. The applicant should construct a continuous left-tum lane on Eagle Road at the 4 (~ ~,~ intersection of East Mona Lisa Drive. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 4. Turn Lanes on Amity Road District policy 3004.1 and AASHTO Guidelines require tapers to be constructed on a varying basis contingent upon the posted speed limit. Coordinate the design of the taper with District staff. District policy 3004.1, 72-F8, AASHTO guidelines and the MUTCD guidelines require the turn lane to be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. • According to the submitted traffic impact study, a right turn-lane should be constructed on Amity Road at the intersection of Montague Way. The applicant should construct a right turn- lane on Amity Road at the intersection of Montague Way. Coordinate the design of the taper with District staff. • According to the submitted traffic impact study, alert-turn lane should be constructed on Amity Road at the intersection of Montague Way. The applicant should construct alert-turn lane on Amity Road at the intersection of Montague Way. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 5. Roadway Offsets Intersecting Eagle Road District policy 7204.11.6 states that the optimum spacing for collector intersections along arterial roadways is 1,700-feet to allow adequate signal spacing. The minimum spacing that is acceptable for collector intersections along arterials is 1,300-feet. District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). The applicant is proposing to construct the main entrance of the subdivision (East Mona Lisa Drive) to intersect Eagle Road approximately 720-feet south of the north property line. This collector roadway is proposed to offset Zaldia Lane by approximately 60-feet (measured centerline to centerline). District policy requires roadways intersecting arterial roadways to align or meet the minimum offsets established by District policy. To create a safe and efficient intersection and comply with District policy, the applicant should shift East Mona Lisa Drive approximately 60-feet to the north to directly align with Zaldia Lane. Intersecting Amity Road District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). • The applicant is proposing to construct an entrance to the subdivision (South Montague Way) to intersect Amity Road at the east properly line. Due to the fact that there are no driveways or roadways within this area, this proposed location meets District policy and should be approved with this application. Internal Offsets District policy 7204.11.6, requires local roadways to align or offset a minimum of 125-feet from another local roadway (measured centerline to centerline). District policy 7204.11.6, requires local roadways to align or offset a minimum of 150-feet from a residential collector roadway (measured cen#eriine to centerline). 5 (~ ~; • All of the internal roadway intersections meet or exceed the minimum offsets established by District policy. 6. Internal Street Sections Collectors District policy 72-F1A, 7202.3.2 and 7202.3.5, requires that residential collectors be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments should be stated on the final plat. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage Program with District staff. The applicant has proposed to construct East Mona Lisa Drive as an altemative street section that includes 2-traffic lanes with a center island. The proposed street section includes two 17- foot travel lanes with 2-foot concrete ribbon curb and an 8-foot drainage swale on both sides of the roadway within a total of 72-feet of right-of-way. The applicant is proposing to construct a 4-foot sidewalk located outside of the right-of-way within an easement. On February 25, 2004, the ACHD Commission approved a policy allowing the use of an altemative street section. The policy set forth the criteria that had to be met in order to utilize the alternative section and design details. The applicant should work with the District's Plan Review Staff to determine whether or not this site meets the criteria that were established for utilizing the alternative street section. The proposal to construct a 4-foot concrete sidewalk on a residential collector does not meet District policy. Dlstriat polity requir®s the construction of a 5~~ c~ncr®te sidewaik (m~imum~ qn ALL residential collector roadway. The applicant show (:~'nattwctt a l~-f(~ot cxxt+crete sidewalk o~ f ast Mona Lisa Drive (regardless of the street seictic~ #hat is approved. If it is determined that this site does not meet the established criteria, then the applicant will be required to construct East Mona Lisa Drive as standard residential collector that includes a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way. Due to the fact that this roadway has been classified as a residential collector roadway (from Eagle Road to South DaVinci Way), front on housing and direct lot access will be prohibited. 28-Foot Street Section within 42-Feet of Right-0f-Way District policy 7204.4.1 states that right-of-way widths for all streets and highways shall not be less than 50-feet wide except in unusual cases. Any request to the District to approve a street with a right-of--way width less than 50 must prove by clear convincing evidence that the facts and circumstances of the development warrant a finding of an exceptional case. The applicant must show that the roadway will be used for residential purposes, there will be no possibility that the street will be extended in the near future and the traffic volumes on the street are not forecast to exceed 200 vehicles per day. District policy7240.4.3 allows a developer to construct a local urban residential street with a reduced width of 29-feet from back-of-curb to back-of-curb with curb, gutter and sidewalk. Policy restricts parking on reduced street sections. The applicant is proposing to construct Genoard Avenue and Deer Hill Drive as alternative street sections that include two 12-foot travel lanes with 2-foot concrete ribbons and 8-foot drainage swales on both sides of the roadway within 44-feet of right-of--way. The applicant is proposing to construct a 4-foot sidewalk located outside of the right-of--way within an easement. On February 25, 2004, the ACHD Commission approved a policy allowing the use of an alternative street section. The policy set forth the criteria that had to be met in order to utilize the altemative section and design details. The applicant should work with the District's Plan Review Staff to determine whether or not this site meets the criteria that were established for utilizing the altemative street section. This street section does not meet District policy. District policy does have a reduced street section that a!!ows the constr<~ction of a 29-foot street section with vertical curb, gutter and a 5-foot attached concrete sidewalk (or 6 (~ s' 4-foot detached concrete sidewalk) within 42-feet of right-of-way if the development is solely residential and the street will carry less than 200 vehicle trips per day. Genoard Avenue and Deer Hill Drive are solely residential but they are anticipated to carry more than 200 vehicle trips per day. Due to the fact that the proposed street section does not meet District policy and the street would not qualify for the reduced street section with the reduced right-of-way, the applicant should construct Genoard Avenue and Deer Hill Drive as the standard alternative street section that includes 16-foot travel lanes, 2-foot concrete ribbons, 8-foot drainage swales, 4-foot concrete sidewalks, and 2-foot utility easements on both sides of the roadway (if the criteria for the alternative street section can be met) or as a standard residential street that includes a 36-foot street section with rolled curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of--way. Half Street (Half of a 36-Foof Street Section with a Minimum of 24Feet of Pavement) District policy 7203.4.2 states "if a proposed development abuts an unpaved street or streets the developer shall construct one-half of the full street improvements, including curb, gutter and concrete sidewalk plus additional pavement widening beyond the centerline established for the street to provide a minimum 24-feet wide paved surface. A 3-foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. This street section shall. be constructed within a minimum 40-foot right-of--way." The applicant is proposing to construct South Montague Way (from Amity Road to East Santo Stefano Drive) as 28-feet of pavement with a 2-foot ribbon curb and an 8-foot drainage swale on one side of the roadway with a 2-foot gravel shoulder on the other side of the roadway within 42-feet of right-of--way. The applicant is proposing to construct a 4-foot concrete sidewalk outside of the right-of-way abutting the improved side of the roadway that is located within an easement. The applicant is proposing to not construct a centerline and is proposing to sheet the storm drainage onto one side of the roadway. This segment of South Montague Way is proposed to be a residential collector with no front on housing. The proposed street section does not meet District policy in regard to pavement width, sidewalk width or design standards. District policy requires "half streets" to be constructed with one-half of a street section with a minimum pavement width of 24-feet. District policy also requires the construction of a 5-foot (minimum) concrete sidewalk on. ALL residential collector roadways. The applicant should construct the "half street' as one half of a 36-foot street section with curb, gutter and a 5-foot (minimum) concrete sidewalk located on one side of the roadway.and a 3-foot gravel shoulder and an adequately sized barrow ditch on the unimproved portion of the roadway. The applicant should also create a centerline within the roadway to sheet storm drainage appropriately. The applicant is proposing to construct East Taormina Drive (abutting the 3.0-acre out parcel) as 28-feet of pavement with a 2-foot ribbon curb and an 8-foot drainage swale on one side of the roadway with a 2-foot gravel shoulder on the other side of the roadway within 42-feet of right-of--way. The applicant is proposing to construct sidewalk outside of the right-of--way on the improved side of the roadway that is located within an easement. The applicant is proposing to not construct a centerline and is proposing to sheet the storm drainage onto one side of the roadway. This does not meet District policy. District policy requires "half streets" to be constructed with one-half of a street section with a minimum pavement width of 24-feet. The applicant should construct the "half street" as one half of a 36-foot street section with curb, gutter and a sidewalk located on one side of the roadway and a 3-foot gravel shoulder and an adequately sized barrow ditch on the unimproved portion of the roadway. The applicant should also create a centerline within the roadway to sheet storm drainage appropriately. 36-Foof Street Section within 52-Feet of Right-of-Way District policy 7204.4.2 s#a#es, "developmen#s wi#h any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. 7 ~ ~ The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may be allowed, depending on trafi'IC volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width. The applicant is proposing to construct the remainder of the internal streets as alternative street sections that include two 16-foot travel lanes with 2-foot concrete ribbons and 8-foot drainage swales on both sides of the roadway within 52-feet of right-of-way. The applicant is proposing to construct a 4-foot wide concrete sidewalk that is located outside of the right-of- way within an easement. On February 25, 2004, the ACRD Commission approved a policy allowing the use of an alternative street section. The policy set forth the criteria that had to be met in order to utilize the alternative section and design details. The applicant should work with the District's Plan Review Staff to determine whether or not this site meets the criteria that were established for utilizing the altemative street section. If it is determined that this site does not meet the established criteria, then the applicant will be required to construct the intemal local roadways as standard 36-foot street sections with curb, gutter, and 5-foot concrete sidewalk. 7. Stub Streets District policy 7203.5.1 states that the street design in a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use in future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub section 7205, "non-continuous streets." District policy 7205.5 states that stub streets will be required to provide intra-neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". In addition, a stub street must meet the following conditions: 1. A stub street shall be designed to slope towards the street intersection and drain surface water toward that intersection; unless a satisfactory storm drain system is installed. 2. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. • The applicant is proposing to extend East Deerhill Drive from the west property line approximately 210-feet south of the north property line. District staff is supportive of the applicant's proposal due to the fact that this stub street was approved as a part of Bellingham Park Subdivision and was anticipated to be extended in the future. The applicant is proposing to construct a stub street (South Zisa Avenue) to the south property line located approximately 1,265-feet west of the east property line. This stub street is proposed to serve the 6.8-acre site located to the south. District staff is not supportive of the location of this stub street due to the fact that this stub street could not be extended in the future. The applicant should shift the stub street to the west to serve the 14.7-acre site to the south. The stub street should be placed in a location that conducive to the redevelopment of the 14.7-acre site to the south. The applicant should also be required to provide the District with a road trust for one half of the cost of constructing a bridge over the Ten Mile Creek. • The applicant is proposing to construct a stub street (South Messina Way) to the south property line located approximately 399-feet west of the east property line. This stub street is anticipated to serve the 3.0-acre site located to the south of this site. District staff is supportive of the applicant's proposal. 8 (~ i The applicant is proposing to construct South Montague Way as a half street section abutting the property line. By constructing the roadway adjacent to the property line, the applicant is proposing to construct a "quasi-stub street." This roadway is considered a "quasi stub street" due to the fact that it is a public roadway that will provide the 27.49-acre site to the east with access to the public transportation system. Staff is supportive of the applicant's proposal. • The applicant is proposed to construct a stub street (South Burro Avenue) to the south property line that is located approximately 900-feet west of Eagle Road. This stub street is anticipated to serve the 27-49-acre site that is located directly to the south. Staff is supportive of the applicant's proposal. The applicant is proposing to extend a stub street (South Burro Avenue) from the north property line into the site approximately 865-feet west of Eagle Road. District staff is supportive of the applicant's proposal due to the fact that this stub street was approved as a part of Messina Hills Subdivision (aka Tuscany Lakes Subdivision) and was anticipated to be extended in the future. • The applicant is proposing to extend a stub street (South Montague Avenue) from the north property line into the site approximately 1,440-feet west of Eagle Road. District staff is supportive of the applicant's proposal due to the fact that this stub street was approved as a part of Messina Hills Subdivision (aka Tuscany Lakes Subdivision) and was anticipated to be extended in the future. • The applicant is proposing to extend a stub street (South DaVinci Way) from the north property line into the site approximately 760-feet east of the west property line. District staff is supportive of the applicant's proposal due to the fact that this stub street was approved as a part of Messina Hills Subdivision (aka Tuscany Lakes Subdivision) and was anticipated to be extended in the future. 8. Roundabouts District policy District policy 7202.7 and 7207.5 and the local Fire District standards require that roundabouts be designed with 21-foot street sections on either side of the center island. The applicant will be required to dedicate the roadway right-of--way plus the additional width of the island. The applicant will also be required to construct splitter islands and adequate signage to provide the traveling public to recognize the directional split of traffic. Coordinate the size and design of the roundabout with traffic services staff. • The applicant is proposing to construct three roundabouts within the subdivision. The applicant will be required to design the roundabouts with 21-foot street sections on either side of the center island with splitter islands and adequate signage. Coordinate the size and design of the roundabout with traffic services staff. 9. Islands District policy 7202.7 and 7207.5 require islands to be constructed a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway on either side of the traffic island should maintain a minimum of a 21-foot street section. District policy also requires any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. The design should be reviewed and approved by ACHD's Development staff. • The applicant is proposing to construct several islands within the public right-of--way. The applicant should construct the islands a minimum of 4-feet wide with a minimum area of 100- square feet and should maintain a 21-foot street section on either side of the island. 9 10. Turnarounds District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum turning radius of 45-feet. The applicant should also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. • The applicant is proposing to construct one cul-de-sac turnaround within the subdivision (South Genoard Place). The applicant should construct the turnaround to provide a minimum turning radius of 45-feet. 11. Private Streets District policy 7205.6, other jurisdictions in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. If the City of Meridian approves the private road, the applicant shall be required to pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of the public roadway and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACRD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. • The applicant is proposing to construct Decameron Lane, Ragusa Lane and Burro Lane as private roadways. The location of the private roadways meets District policy and should be approved with this application. 12. Other Access Eagle Road and Amity Road are classified as arterial roadways. Other than the access points that have specifically been approved with this application, direct lot access to Eagle Road and Amity Road is prohibited. A note will be required on the final plat stating these access restrictions. C. Special Notification to the Applicant and the City of Meridian The applicant is proposing to construct an alternative street section that includes the use of drainage swales. There are a number of narrow lots within this subdivision. Due to the fact that the driveways are anticipated to be a minimum of 20-feet in width, the proposed swale area may not accommodate the storm water drainage that is created by the streets and driveways. The applicant may be required to provide a larger swale area to accommodate for the storm water drainage. D. Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Amity Road and construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Amity Road. OR Dedicate 38-feet of right-of-way from the centerline of Amity Road and construct a 5-foot concrete sidewalk loca#ed within the landscape buffer. Plane the sidewalk within an easement. 10 ~, 2. Dedicate 48-feet of right-of-way from the centerline of Eagle Roao and construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Eagle Road. OR Dedicate 38-feet of right-of-way and construct a 5-foot concrete sidewalk located within the landscape buffer. Place the sidewalk within an easement. 3. Construct a continuous left-turn lane on Eagle Road at the intersection of Eagle Road and East Mona Lisa Drive. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the tum lane with District staff. 4. Construct a right turn-lane on Amity Road at the intersection of Amity Road and Montague Way. Coordinate the design of the taper with District staff. 5. Construct alert-turn lane on Amity Road at the intersection of Amity Road and Montague Way. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Shift East Mona Lisa Drive to intersect Eagle Road approximately 60-feet to the north to directly align with Zaldia Lane. 7. Construct South Montague Way to intersect Amity Road at the east property line, as proposed. 8. Construct East Mona Lisa Drive as an altemative street section that includes two 17-foot travel lanes with 2-foot concrete ribbon curb and an 8-foot drainage swale on both sides of the roadway within a total of 72-feet of right-of--way. Construct a ~-foot sid+~walk located outside of the right-of-way within a~~~~,eht.~if it is determined thet this development meets the criteria for the altemative street section . If it is determined tha- t this it does not meet the establishe cnt c st Mona Lisa Drive as standard residentia collector that includes a - oo s reet section with vertical curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way. Front on housing and direct lot access is prohibited regardless of the approved street section. 9. Construct Genoard Avenue and Deer Hill Drive as alternative street sections that include two 16-foot travel lanes, 2-foot concrete ribbons, 8-foot drainage swales, 4-foot detached concrete sidewalks, and 2-foot utility easements (if the criteria for the altemative street section can be met) within a total of 64-feet of right-of-way or construct Genoard Avenue and Deer Hill Drive as a standard residential street that includes a 36-foot street section with rolled curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way. 10. Construct South Montague Way (from Amity Road to East Santo Stefano Drive) as one half of a 36- foot street section with vertical curb, gutter and sidewalk located on one side of the roadway and a a- foot gravel shoulder and an adequately sized barrow ditch on the unimproved portion of the roadway. Create a centerline within the roadway to sheet storm drainage appropriately. Front on housing and direct lot access is prohibited. 11. Construct a portion of East Taormina Drive (abutting the 3.0-acre out parcel) as one half of a 36-foot street section with rolled curb, gutter and sidewalk located on one side of the roadway and a 3-foot gravel shoulder and an adequately sized barrow ditch on the unimproved portion of the roadway. Create a centerline within the roadway to sheet storm drainage appropriately. 12. Construct the remainder of the internal streets as alternative street sections that include two 16-foot travel lanes with 2-foot concrete ribbons and 8-foot drainage swales on both sides of the roadway within 52-feet of right-of--way. Construct a 4-foot wide concrete sidewalk that is located outside of the right-of--way within an easement. If it is determined that this site does not meet the established cri#eria, construct the internal local roadways as standard 36-foot stree± sec±ions with curb, gutter, a.^.d 5-foot concrete sidewalk within 50-feet of right-of--way. 11 13. Extend East Deerhill Drive from the west property line approximately 210-feet south of the north property line. as proposed. 14. Shift the proposed stub street (South Zisa Avenue) to the west to serve the 14.7-acres site to the south. Construct the stub street in a location that is conducive to the redevelopment of the 14.7-acre site to the south. Provide the District with a road trust for one half of the cost of construc#ing a bridge over the Ten Mile Creek. Install a sign at the terminus of the stub street that states, "this road will be extended in the future." 15. Construct a stub street (South Messina Way) to the south property line located approximately 399- feet west of the east properly line, as proposed. Install a sign at the terminus of the stub street that states, "this road will be extended in the future." 16. Construct South Montague Way as a "quasi-stub street" abutting the property line, as proposed. 17. Construct a stub street (South Burro Avenue) to the south property line that is located approximately 900-feet west of Eagle Road, as proposed. Install a sign at the terminus of the stub street that states, °this road will be extended in the future." 18. Extend a stub street (South Burro Avenue) from the north property line into the site approximately 865-feet west of Eagle Road, as proposed. 19. Extend a stub street (South Montague Avenue) from the north property line into the site approximately 1,440-feet west of Eagle Road, as proposed. 20. Extend a stub street (South DaVinci Way) from the north property line into the site approximately 760- feet east of the west property line, as proposed. 21. Construct three roundabouts within the subdivision. Design the roundabouts with 21-foot street sections on either side of the center island with splitter islands and adequate signage. Coordinate the size and design of the roundabout with traffic services staff. 22. Construct the islands located within the public right-of-way a minimum of 4-feet wide with a minimum area of 100-square feet and should maintain a 21-foot street section on either side of the island. All proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. A note of this will be required on the final plat. 23. Construct one cul-de-sac turnaround within the subdivision (South Genoard Place), as proposed. Construct the turnaround to provide a minimum turning radius of 45-feet. 24. Construct Decameron Lane, Ragusa Lane and Burro Lane as private roadways (if the City of Meridian approves them as private roadways). Pave the private roadways a minimum of 20-feet wide and at least 30-feet into the site beyond the edge of the public roadway and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. 25. Other than the access points that have specifically been approved with this application, direct iot access to Eagle Road and Amity Road is prohibited. A note will be required on the final plat stating these access restrictions. 26. Comply with all Standard Conditions of Approval. 12 D. .Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 13 2. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Request for Reconsideration Guidelines 14 15 ~' ;: ~; v -~. , ~~ -.+".~, xl11~f ~ION___ GR~ W IOi olrK- ll RAiY IIG~O ~ IiRV p1O «.,... ~r ~ a~~ `~ r f~ .- - _ ~ j ~T== !~ . ~. „._.. ~~ ; I '1' ~ i a ~ ~ ~a ... _ ~- ''' i _.. ,., ,~: ~ r ii~'YfZ'r i~~...... ~w ,.. " ~ ' p . frV ~ :~Y:~ `~'?Ts ~1S't~ i~1~.:'•3rz~~'~--sr ter- ~ .`__ 3 ~ j 'La~~~~~~a~.~~~ i r~a ..._ ~V ........ _,__ ... _. ___ _ LL ~ ~ ~ ~--- I , __ .a.w .... ,~ u,.av+:n ..,. ~, ~. 16 • ~ i ~ ~ - ___ __- -_ ::~oL .. __~ Y- ill T a i E ~mr RoAo WU ~ I O 17 r' i Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACRD staff for further review. The Commission may set the date of the meeting at which the matter is to be retumed. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACRD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 18 f Development Process Checklist ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACRD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do one of the following: ^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. ^Send a "Comply Wlth" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ^Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ®Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ^For ALL development applications, including those receiving a "No Review" or "Comply W1th" letter. • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development RevieN Divlslon for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, includinc but not limited to, driveway approaches, street improvements and utility cuts. ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) ^ Driveway or Property Approach(s) • Submit a "Driveway Approach Request° form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ^ Working in the ACRD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACRD Construction -Permits along with: a) Traffic Control Plan b) An Erosion 8 Sediment Control Narrative & Plat, done by a Cert~ed Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment 8 Erosion Submittal • At least one week prior to setting up a Pre-Con an Erosion 8~ Sediment Control Narrative & Plat, done by a Cert~ed Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACHD Drainage Division. ^ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Flnal Approval from Development Services • ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. 19 ( ~ ~ r - PLANNING & ZONING DEPARTMENT INSPECTION CHECKLIST COMMERCIAL/CZC SITES This checklist should be attached to the inside cover of the CZC file at ALL times Planner/InspectorName: ~eu~v~~l (tom-~-( ~.._- Project Name: ~.SS(•'t(:~ f00I CZC FileNo.: Q~- ~~~_ fI Contractor/Company Name: ~(,y,~,j ~ (. ~/ Phone No.: ~ ")_ [J ~ 3 / / First Inspection Date: __~~__/~ s/T~ Second Inspection Date: / / Third Inspection Date: / / (NOTE.• Ifa third inspection is required, a fee of $60 must be submitted to the P&ZDept. be ore the inspection is done.) 1 Rer. 315;i)j srriP&Z'BiadiP~~Z:4~:miriDepur_nn~n.~P~~o~~- Landscape Plan Checklist { Item Site Notes O.K. ~- ~, . ~;of xprtrved rte ji`lah~` j. ~ -` ~, ~ ~,i,~~ a~~ ~. ~ ->'n :~^ a ~. ' - ~ ~ +s 1 ::.v: ~cx+-A~:. ..:. ..,. . -r. t :~., H xy-:JF A. YfaY~{.v.W s~t e., • , r„,i: iii l1V".rVna. \ ..: ~l._ r 1. Standard stall dimensions 2. Compact stall dimensions 3. Handicap stall dimensions 4. Handicap signs/striping 5. Aisle width 6. Wheel stops (if required) C q'ra5h~nclosute ;~ ... , ~: .. -.. , ,gar ~s~~'~'.~ &;~a, s ;.. ~ 'xrk,8*~,~,a~uot~a a ~;=..: .. , ~.-...~ .y ~ £~ aa '' `~`~'.ur=. 1. Min. 3 sided screening 2. Constructed per plan ~H ~i~~v~U'a1ks~Ija#~t~a~°. u"~ i ~ ~ Y ' , , r 1. Verify location 2. Verify minimum width E. Curbing 1. Installed per plan F Special conditions/Redlines ' 1. Verify any special conditions from CZC or redline notes on plan are compete 2 RE~r. S%Z5.-11j -- - - -- _- _ _- ~- i't~Z 4r;ri~P~~CZ.1 ~~nin ~eplrrmeltL Policies Site Plan Checklist . ~ ~ .r Post-Inspection Checklist Item Date Com lete t!_ , ~nco~plefe? (Follow 5 steps below) 1. Obtain bid for incomplete improvements + 1 ] 0% Z. Owner/contractor posts surety (cash, check or Letter of Credit) 3. Clearlyprint # of days the "Temp CO" is valid on cazd 4. Sign "Temporary" column on CO card 5. Submit check or Letter of Credit to Finance Dept. with memo B ,,Complete'? _ I'. Sign and date "Final" column on CO card ~~ 2.Notify Finance Dept. to release surety (if it was a Temporary CO) 2: Complete checklist and close file * The only instance that a CO maybe released prior to 100% completion of improvement is inclement weather, as determined by the Director. If weather is a factor, follow MCC 12-13-19-2. 3 Rec. Jil.3%(ij -. - - .":hll 3 '~a cZl d °t %r'.J~}~a}?~r,~t Po/tries - --- CHD ~~~t~7"~ pCZ ®~ ~~SflS October 4, 2006 i~ p~~ ~C ~ ~O'i~I%~'" TO: Tuscany Development Ine. P.O. Box 344 Meridian, ID 83680 SUBJECT: CZC-06-173 Messina i'arft-P•, ~ E. Tusa St. ]ohn S. Franden, President Sherry R. Huber, 1st Vice president David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Amold, Commissioner On 5-26-2005, the Ada County Highway District Commissioners acted on MPP-05-019/MAZ-05- 017/MCUP-05-026 for Messina Meadows Subdivision. The conditions and requirements also apply to CZC-06-173. • Prior to final approval you will need to submit plans to the ACHD Development Review Department. • A traffic impact fee will be assessed by ACRD and will be due prior to the issuance of a building permit. Contact ACRD Planning & Development Services at 387-6170 for information regarding impact fees. If you have any questions or concerns please feel free to contact this office at (208) 387-6177. Sincerely, /(~ Chelsee Kucera Planning Intern Right-of-Way and Development Services CC: Project File Lead Agency: City of Meridian The Westpark Company Greg Johnson Ada County Highway District • 3775 Adams Street • Garden Qty, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us ,,rv,.,. ~~~ _ ~ridian ~ `'~ m,a rn t~ ~4 r. ~,~s.~,~,,:_v,V las Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: 5 i !~~ ~ti[k 0 t,J S Od / File #: Applicant/agent: Tk~~ Jt'fr"io ,_~ ~L . All applications are required to contain one copy of the following unless otherwise noted: Applicant Staff Description Com leted & si ned Administrative Review A lication Narrative fully describing the proposed use of the property, including the following: S( - Information on any previous approvals or requirements for the requested use i.e.,a licable conditions ofa royal or Develo men[A Bement Recorded warran deed for the sub'ect roe r x Affidavit of Legal Interest signed & notarized by the property owner (if owner is acorpomdon, submit a w of the Articles of Inco oration or other evidence to showthat the erson sr is an authorized ent. / Scaled vicini ma showin the location of the sub~ect roe N# Sanit Service Com an a royal for trash enclosure & access drive (stamped site plan) A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens ~ or more see UDC 11-3A-11 Site Plante copies (folded to 8 %:" z 11"size) The followin items must be shown on the site tan: Y~ Date, scale, north arrow, and ro'ect name (scale not less than l "=50')x' x • Names, addresses, and t~ephone numbers of the developer and the person and/or firm re arin the tan NA • Parkin stalls and drive aisles N t+ • Trash enclosures location N P • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if ou rove no water ri h[s exist to sub~ect roe / / • Sidewalks or athwa s (ro sed and exis[ing)<.~ • Location of ro osed bullditt on lot (include dimensions to property lines)' )( • Fencin (proposed and exis[ing)~ • Calculations table including the following: ,~ - Number of parking stalls required & provided (specify handicap & compact stalls) - Building size (sq. ft.) - Lot size (sq. ft.) - Setbacks - Zonin district X • Reduction of the site tan 8 %" x ] 1" / Landscape plan - 3 copies (folded to 8 %" x 11" size) Plan must have a scale no smaller than I " = 50' (I " = 20' is preferred) and be on a standard drawing sheet, not [o exceed 36"x 98" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn wi(h appropriate match lines on twa or more sheets. The followin items must be included on the landsca a tan: • Date, scale, north arrow, and ro'ect name X Names, addresses, and telephone numbers of the developer and the person and/or firm re arin [he Ian 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org ~~ • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lains, hi h roundwater areas, and rock outcro in s. • Location, size, and species of all existing trees on site with trunks 4 inches or N~ greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. ~ • A statement of how existing healthy trees proposed to be retained will be rotected from dama a durin construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, r}A parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, si ns, street furniture, and other man-made elements. ~~ • Existing and proposed wntours for all areas steeper than 20% slope. Berms shall be shown with one-foot contours. • Si ht Trian les as defined in 113A-5 of this ordinance. • Location and labels for all proposed plants, including trees, shrubs, and X groundcovers (trees must not be planted in City water or sewer easements). Scale shown for lant materials shall reflect a roximate mature size ~ • A plant list that shows the plant symbol, quantity, botanical name, common name, X minimum planting size and container, tree class (I, I[, or III), and comments (for s acin , stakin ,and installation as a ro riate . ~% X • Planting and installation details as necessary to ensure conformance with all re uired standards.,/ x • Desi n drawin s of all fencin ro osed for screenin u oses r • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: - Number of street trees and lineal feet of street frontage X - Width of street buffers (exclusive ofright-of-wayj~~ - Width of parking lot perimeter landscape strip" - Buffer width between different land uses (if applicableY" - Number of parking stalls and percent of parking area with internal landscaping' - Total number of trees and tree species mix ~ - Mitigation for removal of existing trees, including number of caliper inches bein removed Reduction of the landsca a Ian 8 %:" x 11" Buildin elevations showin construction materials Fee If this ro'ect had riot a royal on a site Ian, reduced fees ma a I ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. Ifany changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & ZoningDepartment for approval prior [o the issuance ofa buildingpermit Your bui/ding permit will not be issued until ACRD has approved your plans and all associated fees have been paid THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECE/VED ALL REQUIRED INFORMATION 0 ~ ~ m ~ D. - - o. ~ m o N ~~; "' T... ~ ::a ~.D: Z Q~ _~ N m Lll N ]J rll m' ° w o o ru r r a O O Nl O ru a a r o .- a w ru N ',~. ~ t' Ut N • ., 0 0 o o rn O - N ,.. . , , _,_ 5 Y Nres nclWe ~ eW ¢anti¢d,~ ~~,~ Q ,~' CITY OF - ~../Vl eY1G~1G~7? 33 E. Idaho Ave. - i Meridian, ID 83642 e~ ~O Nc TgPASIIPfi V~EY 61XiF ieoa Date ~ S ./ t _~ Applicant kS Ceti 1 t~ ~~ ~ - Address . D , I.~ pp ~ G~~ q/~-1 Z qc~ Phone / ~ CASH CHECK # NAME O HECK IF DIFFERENT THANAPPLlCANT 24 X ~ ~ i cYa('~1.~ ~ 4~ i i I i i i 1 i i i i i i i 1 i i i i i I PAYMEN T DOES NOT INDICAT CCEP NCE OF APPLICATION TAX i 8 7 5 3 gY°B1 TOTAL ~ i~ ow AOA COUNTY RECORDER J. DAVID NAVAARO AMOUNT 12.00 4 ' BOISE IDAHO 011D7105 04:37 PM RECORDIIVri REt~UESTED AND WHEN RECORDED RETURN TO: Tuscany Development, Inc. 6223 N. Discovery Way Boise, ID 83713 &~3 RECORDED C REOIUEST OF II I IIIIII III IIIIIIIIIIIIIII'llllll'11 lavryert iltle 105002998 SPECIAL WARRANTY DEED TH[S SPECIAL WARRANTY DEED made this v~ day of January, 2005, between Alan Poole and Lenette Poole, husband and wife ("Grantor"), and Tuscany Development, Inc., an Idaho corporation, whose address is 6223 N. Discovery Way, Boise, lD 83713 ("Grantee"), witnesseth: That Caantor, for and in coosideratioa of the sum of Ten Dollars and No Cents ($10.00 and other good and valuable consideration, the receipt whereof is hereby acknowledged, does, by these presents, convey unto Grantee and its successors and assigns forever, all the following described real estate situated in the County of Ada , State of ldaho. SEE SCHEDULE. [ ATTACHED HERETO AND INCORPORATED HEREIN. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the rents, issues and profits thereof; and all estate, right, title and interest in and to the property, as we{1 in law as in equity, except as expressly provided otherwise herein. To have and to hold, all and singular the above-described premises together with the appurtenances unto Grantee and its heirs and assigns forever. Grantor makes no covenants or warranties with respect to title, express or implied, other than that previous to the date of this instrument, 4:nantor has not conveyed the same estate to any person other than Grantee and that such estate is at We time of the execution of this instrument free from encumbrances done, made or suffered by the Grantor, or any person claiming under Grantor, subject to any and all easements, restrictions, agreements and encumbrances of record, appearing on the Iand as of the date of this instrument, or as consented to by Grantee. [SIGNATURES APPEAR ON FOLLOWING PAGE] -~- A• i l GRANTOR: i Alan Poole nette Poole STATE OF IDAHO ) ss. County of Ada ) On this ~o day of January, 2005, before me,~11'I;p ~~ .-a Notary Public in and for said state, personally appeared ALAN OGLE and LENETTE POOLE, husband aad wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offrcial seal the day and year in this certificate first above written. •,,,,,,,,,;,,,, ~ ,Q ARCy~°j vs 4~~ et1-Rf ATeEmf'Public 1;o Idaha Residing at OTZ -rte" My commission expires 0.s` / ~„y n~, r. `.. -~- _ - / SCHEDULEI THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, RECORDS OF ADA COUNTY, IDAHO EXCEPT DITCH AND ROAD RIGHTS OF WAY. ALSO EXCEPT A TRACT OF LAND SITUATE IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE l EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHQ MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 29, MARKED BY A FOUND 5/8" IRON PIN AND ALUMINUM CAP, L.S. 4108 AND THE REAL POINT OF BEGINNING; THENCE SOUTH 00°03'31" WEST, 320.00 FEET ALONG THE EAST LINE OF SAID SECTION 29 TO A POINT, MARKED BY A SET PK NAII. AND WASHER, L.S. 874;. THENCE SOUTH 89°48'36" WEST, 680.63 FEET TO A POINT, MARKED SY A SET 1/2" IRON PIN, L.S. 4108; THENCE NORTH 00°03'31" EAST 320.00 FEET, PARALLEL WITH SAID EAST LINE OF SECTION 29, TO A POINT, MARKED BY A SET 1/2" IIZON PIN, L.S. 4108; THENCE NORTH 89°48'36" EAST, 680.63 FEET TO THE POINT OF BEGINNING. EXCEPT DITCH AND ROAD RIGHTS OF WAY. FURTHER EXCEPTING THEREFROM THE FOLLOWING: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, THE REAL POINT OF BEGINNIlVG; THENCE NORTH 132 FEET; THENCE WEST 330 FEET; THENCE SOUTH 1.32 FEET; THENCE EAST 330 FEET TO THE REAL PO1T OF BEGINNING. FURTHER EXCEPTING THEREFROM: -z- ~ - -- , ., A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH RANGE 1 EAST, BOISE-MERIDIAN AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON CENTER SECTION LINE 1260 FEET WEST OF QUARTER CORNER COMMON TO SECTIONS 28 AND 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN; THENCE SOUTH 226.2 FEET; T[-IENCE SOUTH 54°30' WEST 73.7 FEET; THENCE NORTH 269.0 FEET ON WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29 TO THE NORTHWEST CORNER OF SAID 40 ACRES; THENCE EAST ON NORTH LINE OF SAID 40 ACRES TO THE POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM: A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON CENTER SECTION LINE 2028.2 FEET NORTH OF QUARTER CORNER SECTIONS COMMON TO 29 AND 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, THENCE NORTH 90.6 FEET ON SAID LINE; THENCE SOUTH 41 °30' EAST 251.8 FEET; THENCE SOUTH 48°10' EAST 301 FEET; THENCE NORTH 54°30' EAST 1141 FEET TO EAST LINE OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29; THENCE SOUTH 73.7 FEET ON SAID LINE; THENCE SOUTH 54°30' WEST 1146.2 FEET; THENCE NORTH 48°10' WEST 352.5 FEET; THENCE NORTH 41° 30' WEST 187.5 FEET TO THE POINT OF BEGINNING. _4_ AFFIDAVIT OF LEGAL INTEREST STATE OFIDAHO COUNTY OF ADA 1, area S~nso h P. D. Qox 35~ McYld1 /)(/~ e) =dQti dress) (city) (state) being first duly swum upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and 1 grant my permission to: 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is [he subject of the application. 3. I hereby gran) permission to City of Moridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day SUBSCRIBED AND SWORN to before me the day and year first ' ivuuorbrrra ,4,~ :•4~~.~~ ~.n ~ Wtl~,`°•,°. otary Puhlic for Idaho) t T ~pT~',I;1, ;e ; Residing at: ~anl/7Q. _~ •: y'Ua>/1f ;+ ~ My Commission Expires: 11,1oZ 9 ~~ ~ : a o°tl i II1 ~rl~ ibY Kati ~, +'6 °I Qa2B r.9o- ~t,`~ to submit the accompanying application(s) pertaining to that property. ~ ~ Messina-- Meadac~s DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Harold Long & Teresa K. Long, Owners 3. Lynn B. Asay & Suzanne W. Asay, Owners 4. Tuscany Development, Inc., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Harold & Teresa K. Long, and Lynn B. Asay & Suzanne W. Asay, hereinafter called "OWNERS" and Tuscany Development, Inc., hereinafter called "DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Propert}~'; and 1.2 WHEREA_ S, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" make a written commitment concerning the use or development of the subject "Propert}~'; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of R-S Medium Density Residential, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owners" made representations at the public hearings both before the Meridian Planning & Zoning Conunission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION) PAGE 1 OF 14 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of govermnent subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, Ciry Council, the 12`x' day of July, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners and Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owners and Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "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 zoning designation from goverrunent subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan ofthe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration ofthe 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. DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDNISION) PAGE 2 OF 14 3. DEFINITIONS: For all purposes of this Agreement the fallowing words, terms, and plu-ases herein contained in this secfion shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.] "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 "OWNER": means and refers to Harold R. Long and Teressa K. Long, husband and wife, whose address is 2636 E. Amity Road, Meridian, Idaho 83642, Lynn B. Asay and Suzanne W. Asay, husband and wife, whose address is 4651 S. Asay Lane, Meridian, Idaho 83642, the parties developing said "Propert}~' and shall include any subsequent developer(s) of the "Property". 3.3 "DEVELOPER": means and refers to Tuscany Development, Inc, whose address is PO Box 344, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.4 "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 describing the parcels to be annexed and zoned R-8 (Medium Density) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 D which are herein specified as follows: Construction and development of either a conditional use permitor a planned development application shall be submitted to the City of Meridian prior to a future development in the R-8 zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to tlxis AZ OS-017 application. DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION) PAGE 3 OF 14 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPP.~IENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit site plan dated Apri14, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, 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: 6.1. "Developer" shall develop the "Property" in accordance with the following special conditions: ] . That the developer will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditons ofoperation 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. 3. That development ofPhases 1 and 4 located within a floodplain shall not commence until FEMA approves the proposed Letter of Map Revision and the flood designation has been revised for Ten-Mile Creek. If the flood plain and floodway boundaries presented with this application are not approved by FEMA, the developer shall have two options: 1) remove any lots within the FEMA-approved floodplain boundaries or 2) resubmit for preliminary plat approval ofPhases 1 and 4. 4. The developer shall construct multi-use pathways as required by the Comprehensive Plan and presented on the preliminary plat dated DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION) PAGE 4 OF 14 March 14, 2005. The future crossings of Ten Mile Creek and Ridenbaugh Canal maybe accomplished through bridges (Davinci Way stub street) connecting future development with Tuscany Lakes and Messina Hills Subdivision. 5. PARK -Pursuant to the direction of the City Council, the applicant met with the Parks and Recreafion Commission regarding the possible dedication of Lot 21 Block 1 to the City for a public park. Despite a positive recommendation from the Parks and Recreation Commission, the City Council has not taken action to approve the City's acceptance of Lot 21 Block 1 as a public park. Accordingly, the applicant may proceed to submit the final plat which shall depict Lot 2] Block 1 as open space/common area to be owned and maintained by the homeowner's association. hi the event that applicant and City reach agreement at some time in the future regarding dedication of Lot 21 Block 1 as a publicly owned and maintained park, the dedication can be accomplished by a separate written agreement and amended final plat. 6. S. BURGO AVENUE -The developer shall connect, as a public street, the S. Burgo Way stub street in Messina Village Subdivision No. 2, with the proposed S. Burgo Avenue through the subject property. The applicant shall coordinate with the United States Bureau of Reclamation and the Ada County Highway District on the extension of said public street connection and crossing of Parcel No. S1129142220. 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 "Owner" or "Owners" 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 "Cit}~' has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDNISION) PAGE 5 OF 14 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners/Developer" shall, imrnediatelyuponcompletion 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 Ciry Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners/Developer", "Owners/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Propert}~', this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" of any one or more of the covenants or conditions hereof shall apply solelyto 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 Exhibits, at "Owner's" cost, and submit proof of such recording to "Owners", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Propert}~' 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 "Owners", or by any successor or successors in title or by the DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION) PAGE 6 OP 14 assigns ofthe 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 "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching parry's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) dayperiod, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owners" or "Cit}~' is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the fime for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "Cit}~' 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 "Owners" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owners" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" 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 "Owners" agree to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION) PAGE 7 OP 14 ] 7. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNERS: Lynn B. Asay and Suzanne W 4651 South Asay Lane Meridian, Idaho 83642 DEVELOPER: Tuscany Development PO Box 344 Meridian, ID 83680 Asay Harold R. Long and Teresa I~. Long 2636 East Amity Road Meridian, Idaho 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 addifion 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 DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION PAGE 8 OF 14 provision hereof, and that the failure to timelyperform any of the obligations hereunder 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 successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of"Owner", to execute appropriate and recordable evidence of termination ofthis Agreement if"City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 2`l. 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" 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" 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 re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION) PAGE 9 OF 14 Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION) PAGE ] 0 OF 14 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: ~, SC EOPMENT RE HNSON, PRESIDENT OWNERS: Lynn B. ~ say ~ uzanPte ~ Asay Harold R. Long Te ssa K. Long CITY OF MERIDIAN BY: MAYOR TAMMY de WEERD Attest: CITY CLERK DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION) PAGE 11 OF 14 STATE OF IDAHO, ) County of Ada, ss: A On this ~ day of 2006, before me, the undersigned, a Notary Public in and for said State, personall ppeared GREG JOHNSON, known or identified to me to be the President of Tuscany Development, the corporation that executed this agreement and the person who executed the agreement on behalfof said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal the day ~ItdgCar~y,this certificate first above written. 3' . '`gyp =~ •••eMeVM°• f? ~OT~1RY `eC roam s ~, o°~'U9L1~ °; >°3•eesee•• ~~~. COUNTY OF ADA Notary Public for Idaho Residing at: qj p Ztfp./.t,e My Commission xpires: i~ ~ ss On this fh day of ~hu~,r'y , in the year 2006, beforeme, a Notary Public, personally appeared LYNN B. rS'SAY known or identified to me to be the person who executed the instrument and acknowledged to me that he have executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .•P•••~Y ~S C ••. ~•n ~~ • ~,~~^ °., Notary Pubh for Idaho ~OTq~+t, : Residing at: !{ (~ ~p • wee : ° Commission expi es: /! 39 •~ '°UBL1G ~° e: 'PT.A•'e e•• O ~~. I '• ••ee1M•• ~ .~ i__ DEVELOPMENT AGREEMENT (AZ OS-017 MESSEVA MEADOWS SUBDIVISION PAGE 12 OF 14 STATE OF IDAHO ) COUNTY OF ADA ss On this fh 7 day of ~ n[,tQit (~/ in the year 2006, before me, aNotaryPublic, personally appeared SUZANNE . ASAY known or identified to me to be the person who executed the instrument and acknowledged to me that he have executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my °~~r.ue'-~'~'~ ncr offic~°~aa•$ th~•tlay grid year in this certificate first above written. (~A~,) ®e.~. '@ Notary Pu Ic for Idaho e y '°UBL``' ; Residingat:~nhl~ph ~`,(a~ .Tc~,~ ~',`PT ••., e•0 o c Commission explres• [4 a'q [[ ~~ .9~ 4ese•° P~9°v '•i E o P STATE f3P"I~~O 1 COUNTY OF ADA ss On this ~ / ~ day of Q in the year 2006, before me, a Notary Public, personally appeared HAROLD . LONG known or identified to me to be the person who executed the instrument and acknowledged to me that he have executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. °°eEee ues e~eaepe6 P ~, s~ .~, ..°°~~ls~•°°s m0~~e,,~, s~ ~~ .) S" N~'~AR ~ e` - Notary Pub~llcnnfo~r Idaho ~p -~'',/ g ®®® Residin at: ° g G~CG~1. Oh (~ ~~ N ~S AUB L,C ~ Commission expir s: [ a„9 DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION) PAGE 13 OF 14 STATE OF IDAHO ) COUNTY OF ADA ) ss r~fy On this ~ J dayof ~Qi'LG(_ClhtiJ , in the year 2006, before me, a Notary Public, personally appeared TERESSA~K~ LONG known or identified to me to be the person who executed the instrument and acknowledged to me that he have executed the same. official ~~ ~Qwb L;~`~~ 1%~~I ,40TAR t®•Ce ) ®es so '°UB ~4G ~~ a ~~$®o~a~aeao~°~ ~~~s~ toa~E pF t~~'~vs° STATE OF IDAHO ) County of Ada year in this certificate first above written. ss ~L~.~-~, ~cour`G( Notary P is for Idaho Residing at: t~oy- '~ ~ .rGr/Q~.t Commission expires: /_~a.c~/~/ On this dayof , 2006, beforeme, aNotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Commission expires: DEVELOPMENT AGREEMENT (AZ OS-017 MESSINA MEADOWS SUBDIVISION) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Public for Idaho Residing at: PAGE 14 OF 14