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Arnke Townhouse CZC 07-13311 IDAHC3 NOTE: This is not a Building Permit Prior to any construction, you should contact the Building Department at (208) 887-2211 to verify if any additional permits and/or inspections will be re uir b the Meridian Buildin De nt. /~ Date:. o~. ~~ ~'!•c,~'~i~ ~OOj ~~ ~~i ~~ -9ti `.;iC~ Project Name/Number: Arnke Townhouse - CZC-07-133 \ Owner: Michael Arnke Site Address: 2160-2164 W Pine Street (Lots 6-8 of the Arnke Subdivision) Proposed Use: Phase 2. One Townhouse Consisting of Three Dwelling Units. Zoning: R-40 (High Density Residential DistrictZ _ Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and conditions of approval ofthe conditional use permit (CUP-OS-037), preliminary plat (PP-OS-028) and final plat (FP-06-002) approved for this subdivision. The issuance of this permit does not release the applicant from any previous requirements of other permits issued for this Phase 2 three dwelling unit townhouse (Lots 6-8) of the Arnke Subdivision. Site/Landscape Plan: The Site/Landscape Plan prepared by The Land Group, on December 23, 2005, labeled L1.1, is approved (stamped "Approved" on June 18, 2007 by the Meridian Planning Department). The approved landscape plan is not to be altered without prior written approval of the Planning Department. Plat: The plat of Arnke Subdivision, dated 2006, showing building footprints and' setbacks is approved (stamped "Approved" on June 18, 2007 by the Meridian Planning Department) as shown on the submitted plan: Elevations: The elevations for the townhouse units are approved as shown on the plans stamped "Approved" on June 18, 2007. The townhouse units shall be constructed as shown on the approved elevations. 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 incompliance 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 with ADA standards. CERTIFICATE OF ZONING COMPLIANCE t ~~~. CFTY O'F ~r'i; . Curbin :Per UDC 11-3B-5I, all 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 may be 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. Li_ hg ting: 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. Si n~ age: 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 q ualified 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: The Site Plan and Landscape Plan are approved as submitted (stamped "Approved on June 18, 2007), and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. _ Bill Parsons Associate City 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. ~~ :. ~~rv1,r: jtr~:?~ ~ri~icn - ~ ~~:,, \e r.. ~„ _ -- - 1909 Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist n~.e ~o~ n~~~~ J' V " Pro'ect name: tS 1 'File #: t!Z C-b~v ~`D A licant/a ent: ~ G R' `f YLLC ~ (~ (it'1 C - ~{ ~~ ~ ~i ,j~ All applications are required to contain one copy of the following unless otherwise noted: Applicant Description Staff ~ ~ Com leted & si ned Administrative Review A lication Narrative fully describing the proposed use of the property, including the following: - Information on any previous approvals or requirements for the requested use i.e., a licable conditions of a royal or Develo ment A Bement) Recorded warran deed for the sub'ect roe ~'"~ Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, N.~„ submit a co of the Articles of Inco oration or other evidence to show that the erson si in is an authorized ent. Scaled vicini ma showin the location of the sub'ect ro e lif ~ Sanit Service Com an a royal for trash enclosure & access drive (stamped site planj /~' / "/~ A photometric test report for any light fixture(sj with a maximum output of 1,800 lumens , l ~" ' or more (see UDC 11-3A-11 Co of the recorded lat that the roe lies within 8 ''h" x 11" ~ Address verification letter from Public Works See Tricia Bieren 898-5500 ~' Site Plan--4 copies (folded to 8 %" x 11" size),. The followin items must be shown on the site lan: ''~""" • Date, scale, north arrow, and ro'ect name (scale not less than 1"=so'> ---- • Names, addresses, and telephone numbers of the developer and the person and/or ~ firm re arin the lan ~ • Parkin stalls and drive aisles ~• • Trash enclosure s location • Detail Of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be ' O waived if ou rove no water ri hts exist to sub ect ro e • Sidewalks or athwa S (proposed and existing) • Location of ro osed buildin on lot (include dimensions to property lines) ---- • FenCln proposed and existin) ~' • 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 • Reduction of the site lan 8 ''/z" x 11" d Landscape plan -. 3 copies (folded to 8 ''/Z" x 11" size) Plan must have a scale no smaller than 1 " = SO' (1 " = 20' is preferred) and be on a standard drawing sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The followin items must be included on the landsca a lan: • Date, scale, north arrow, and ro'ect name '"~ • Names, addresses, and telephone numbers of the developer and the person and/or ~~ firm re arin the lan ' ~~ ~~ p¢ ~/ j' ~~ C 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 groundwater areas, and rock outcro in s. • Location, size, and species of all existing trees on site with trunks 4 inches or 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, 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 contours for all areas steeper than 20% slope. Berms shall ~' be shown with one-foot contours. • Si ht Trian les as defined in 11-3A-5 of this ordinance. -~ • Location and labels for all proposed plants, including trees, shrubs, and grOUridCOVerS (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, minimum planting size and container, tree class (I, II, or III), and comments (for s acin , stakin ,and installation as a ro riate). ^" • Planting and installation details as necessary to ensure conformance with all ~ re uired standards. • Desi n drawin s of all fencin ro osed for screenin u oses • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: - Number of street trees and lineal feet of street frontage - Width of street buffers (exclusive ofright-of--way) - Width of parking lot perimeter landscape strip - Buffer width between different land uses (if applicable) - 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 lan 8 ''/2" x 11" D ~/ Buildin elevations showin construction materials ~-'" If applying for approval of a public school, provide additional information as required by ~(j~ the Public School Facili su lemental checklist er 67-6519. Fee f this ro'ect had rior a royal on a site lan, reduced fees ma a 1 --"' ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if arty, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the A CHD requirements, a new site plan shall be submitted to the, City of Meridian Planning 8c Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 9/21/06) a .a,y~~ ,r1~ . ~~ri~i~€n ~ % ``~~ <: r. eh.~, aka r~n_r^,ro ~'as_>'- J -- -~ ivea 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 ^ Private Street ^ Property Boundary Adjustment ^ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Director) ^ Vacation ^ Other STAFF USE ONLY: Fiie number(s): Project name: ~~ {~~ ~~ W ~ 4`~~LLS ~ Date filed: " (-~ Date complete: -~~`~~ Assigned Planner:. ~y 1 ~/ A l ~1 /aY1'~~" Related files: Information Applicant name: / -'rhl~C~ If`'~'~ S 1 rot I Applicant address: O`I ~-y' W • P1 ~ ~e ~~-~ ~Q Applicant's interest in property: ~ Own ^ Rent ^ Optioned ^ Other Phone: ~~ ~~" ~~~~ Zip: S~j~J`~'o~ Owner name: 2~ ~ ~ ~ ~G n , , ~ _ Phone: ~OP~~131~ ~g~~ Owner address: ~~ ~+~ l.U~ Pi ~ ~ ! rlf,~` ~~' ,~ ~~ Zip: S ~ ~` Agent name (e.g., architect, engineer, developer, representative): - Y OI C ~Z~ ~~~~ Phone: ~ ~" q ~~" ~~~~ Firm names: 'U:L r(MNnI ' _ /I I Address: O'~ ~'~I" ~ I I~I.P ~/P I f ~~U~[Q~'~ ~ I ~ Zip: $~~0~'°L Primary contact~isn l~Ai"pplicant Owner J~.Agent ^ Other Contact name: 1 t 1.1 [~'' LQ~, ~~ E-mail: YVI~~ ~ YVIGq GIB h5-I' . L~~i'Yh Phone: ~~ " ~~ " ~~ Fax: a08-338- 88~c1 Subject Property Informati/o~n /~ l ~{ / y~ ~j T.nratinn/street address: ~I lC/D i ~~ ~~, ~~ ~T V`~~ ~~' K ~~ ' "~" ' Vvd`""' ` I I D ~"~~ Assessor's parcel number(s): K,1 K'`1c50001 ~ ~ J I o Township, range section: S W 1~9' l1'~ ~ ~ E ~`l ~ sec~eK 1 t, -r~rc, ~-1 w Current land use: -'~'~,(,{,(~7f(,~,f`YLt Ct, 1~~! Total acreage: a . o~, _S Current zoning district: 1~.- - ~~ 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org I (Rev.9/21/06) Projectlsubdivision name: PI ~ ~~~ IL G~~S 6 ~2 ~ltf2 Q 5 ~~ SU,~dr ~ SI ~i12 General description of proposed projectlrequest: ~ilgl'1~~~/I1. (,ll!1-i ~/ T~~'t-~'l/}-VLSC cSf,L.~~ V151~ E1'i C,ihSis~i -~ o-F SiXTVi - PI,~C P~r,,c.~~(.d,i'y~a, Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): ,~ Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation syst-eym~ in this development? ! .,~, Which irrigation district does this property lie within? I t ~.~Q.. ~ y~ r~di{2 fl ~ ~G~ ,~~Z Primary irrigation source: Secondary: 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: ~ 8 Number of building lots: r' Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): I Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): ~ ~JaS Proposed building height: Minimum property size (s.f): ~''~~ . Average property size (s.f.): ~ q Gross density (DU/acre-total land): ~° ~~ ~ IQCY-G Net density (DU/acre-excluding roads & alleys): ~ ~ ~ 7 Percentage of open space provided: ~ D ~ ~ 0 °/a Acreage of open space: Percentage of useable 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: ^single-family ~ Townhomes ^ Duplexes t~ Multi-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): IS Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Total number of employees: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Print applicant name: ~ ~ chq e Seating capacity: Number of compact spaces provided: (O r~~ 660 E. Watertow ,Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 F i ile: (208) 888-6854 Website: www.meridiancity.org 2 MCA Construction, Inc. City of Meridian Planning and Zoning Dept. 660 E.Watertower Ln. Ste 150 Meridian, Idaho 83642- 2300 Subject: Arnke Subdivision, Phasing and Building Plan The project has been approved under a conditional use permit for an 18 unit townhouse development. The project consists of (6) tri-plex buildings. The project will be constructed in 6 phases. Each building will consist of one tri-plea Otherwise one phase. Phase One consisted of lots 9-11 Block One, Phase Two will consist of lots- 6-8 Block one. Each building will be constructed in accordance with the conditions of approval and similar to the approved design elevations. The landscaping may deviate according to site conditions and building design. However our intent is to follow the plans as close as possible and utilizing the same or similar plant material and plant count as specified. Thank You, if' 1'' /~~ i` Michael Arnke Manager of 2070 LLC MCA Construction Inc. 1301 N. Forestdale Place • Eagle, Idaho 83616 Phone 208.938.8848 Fax 208.938.8849 www mcaconst.com - ~ ~ C ~ .~ ~ w ~~ `4 rM ~ ~ N ~ O ~ '~ ti 0 > I 3/~Y NY1CY '.~: y m F. .... -. - .. __ .4 I ,\\\lllllt/I//i ~~ ~ `e~~~~ te~~ A ' ~~,€ ~ ~- ~ ARNKE SUBDIVISION ~~ -4~ ''--_ ~~~~~ir f3a~ -~YS: - ;,p ~ aY~$a , ~~~~ ~~C~~t' I LANDSCAPE PLAN ' ~ ~~ ,~ b° ar~, s= a ;~~~:> - i ~Ye ~ j ; ` ~s- ~ ~~ l Meridian, Idaho ~ _ i ! ~ , ,1111,\\,,\. ,1 ~IN~4L 5~~/ ~IN~ ~~OD~ m~~~ 6~ - _.-- - - ~- 4~eaiE _= ® ~~~ -_ a~ -~ - _ ° r x~ ~, - - - _ ~~,~ _~-- ,~ ~~ ~I~ e.av~ rMnluroa.lvl•~we ~a~l<aa:rc~ ~..~m M •- ~~~ a sr~ ~~ ~' °~18`~°~°~000°~ ~ remeEro enoc ~ R~fine ~ ~~ ~~ ~o or cv~w oxw 6~T..'~'"$' ~ I I l i i ~ _________7i_,i______________________________________ I _1.._______-_._________________________ir___________ra_______~________________ 'FRONT ELEVATION ' wu k•.r.a ~ ' _ ~ U j - ~ _ R r y ~! ~6 it f+ ~- " U~ a~ -_ ~-_ - - aanwae accs wu 0 ~ F o ~ ]B }-n ~ n = --~ c - ~~i~~wuraES ~ ~ Q 6 G ~I =6~- - ~ F4~4CEk C ~ ' ® acflo„ev w~cai~rr~oar ~ ~~ ~: w _ ~ ~ e~m`~E.o G5, a>celwoow,a i i I I I - .--. ELFi,d~ ~mby.l~lolibl I i I 1 I ~ ~ I i i I i i I i (Mp 1J61Ap ~L___7i______~l___________________71____________________1 ~ I I I I r____________________ l____.rr ______rr_____~____________________________________.____________________. t i____i_____ _~____________________~________________________i____________________ a._____ ~~_' ~/AA u~ u F ~ ®9f~ mm ~~v wno ' L6~T SIDE ELEVATIaJ' p`. P e+nv FiE4I A-5 ® ~ ® ® ® ~ ® 0 ®.. ® __- ~ ~ _ __ Meridian Planr~ir~,~l Departrr REAR ELEVATIGN' KK! 4'.r.0~ `~ ~+ W ~Up xa~> <~~~ RIGHT SIDE'ELEVATIDN' aeue 4'.ro Y; ~!e AOV~ Meridian Planning Departmenfi G5. Disfing/Design ~~F w~~~~ ~e,~~~a~ =~I A-fi :r~uaaP~ SEP 0 ~ 2006 Meridian Piannin~ IlPnartment ~. `~. ~~~ ~ ,~' CITY OF ~ - C~~~~C ~YZ~1G~I _ ~`~, IDAHO y ~;, H,F.~ o SINCE '"` "`r~~~~'kt v.~r>~ CHANGE OF STREET NAlO~IE DESIGNATION NOTICE 1993 MAYOR Tammy de Weerd December 29, 2006 CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles IvI. Rountree TO: Ada COUnty Assessor's Office Idaho Power Shaun Wardle Meridian City Billing Services Intermountain Gas Meridian Fire Department Qwest Communications CITY DEPARTMENTS Meridian Police Department United States Postal Services Ada County Dispatch (911) Ada County Elections City Attorney/HR 703 Main Street 898-5506 (City Attorney) The City of Meridian is changing the street name W. PINE STREET to W. PINE ~' 898-5503 (HR) AVENUE which conforms to current Ada County street naming guidelines. Fax 884-8723 Understanding that your various contacts will need to be notified in order to avoid Fire mail delivery problems, we have scheduled this change to be effective approximately 540 E. Franklin Road 888-1234 /fax 895-0390 thirty days from the date of this letter. ~~ Parks & Recreation 11 W. Bower Street SUBDIVISION: ARNKE SUBDIVISION 888-3579 /fax 898-5501 New addresses become official: January 29, 2007 Planning , 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6854 Address to be changed: New address assigned: Police 2142 W. PINE STREET 2142 W. PINE AVENUE 1401 E. Watertower Lane PIlVE STREET 2144 2144 W W. PINE AVENUE 888-6678/fax 846-7366 . 2146 W. PINE STREET 2146 W. PINE AVENUE Public Works 2164 W. PINE STREET 2164 W. PINE AVENUE 660 E. Watertower Lane 2162 W. PINE STREET 2162 W. PINE AVENUE Suite-200 PINE STREET 2160 2160 W W. PINE AVENUE 898-5500 /fax 898-9551 - . 2124 W. PINE STREET 2124. W. PINE AVENUE - Building 2122 W. PINE STREET 2122 W. PINE AVENUE 660 E. Watertower Lane 2120 W. PINE STREET 2120_ W. PINE AVENUE Suite 150 887-2211 /fax 887-1297 2064 W. PINE STREET 2064 W. PINE AVENUE 2062 W. PIlVE STREET 2062 W. PINE AVENUE - Wastewater PINE STREET 2060 2060 W W. PINE AVENUE 3401 N. Ten Mile Road 888-2191 /fax 884-0744 . 2042 W. PINE STREET 2042 W. PINE AVENUE 2044 W. PINE STREET 2044 W. PINE AVENUE - Water 2046 W. PINE STREET 2046 W. PINE AVENUE 2235 N.W. 8th Street 888-5242 /fax 884-1159 2082 W PINE STREET 2082 W. PINE AVENUE 2084 W. PINE STREET 2084 W. PINE AVENUE 2086 W. PINE STREET 2086 W. PINE AVENUE Issued by: Trivia Shindle City of Meridian Public Works Dept 898-5500 Ext 209 CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 830742 (208) 888-4433 CITY CLERIC -FAX 888-4218 FINANCE & UTIL[TY BILL[NG -FAX 887-4313 MAYOR'S OFFICE -FAX 851-8119 Printed on recycled paper N .lL 7C 5 b 90 0 IS 60 SCALE: 1' = 30' (N 6477' W 118.4') W 219.7(' 17, 71' 29.71'-~ ~I Pl l h R I 3 8 I `•; 171 N a F gl ~ NI a z ~ I I I I~ BLGI;Ji' 1 M O 3 ~ N g z rv S °o ~ z O O _ O v m ry s fisne'z6' 2.92' PLAT OF eooK~_PACE 1840 ARNKE SUBDIVISION LOCATED IN THE SW i/4 OF THE NE i/4 OF SECTION i 1, T.3N., R.1 W„ B,M., MERIDIAN, ADA COUNTY, IDAHO ~ doi6orn. Waite consulting, TIC 2 TQ SET 5/8' 4 JO' IRON PIN BOISE, IDAHO C N E R R Y L N. II 12 W1Tx Pusnc cAP, PLS 1889 ZOO6 CPAE N0. 9206854 " SET I/2' a 24• IRCN PIN UNPLATTED 2817' 37.72' N 79' (N 7T39• 70.87' 330 ~4~z9" w W 95.1) G 19 g7~ 94.55. ?6,68' ' N m N O - 10 i 89'08'28' ~ 0.46' 3 11 a CI 0 n N ~ S N 5 89'08'28' E (N 89'70 W) 89'39'18' W - 4y7-.-2.9'~- 71.17' 11.11 B1 (N 89'30' SB FWND 1/2' IRON PIN WTN NO CAP, PLACE[ PLS 1999 PLASTIC 4 CAP I wiH PUSRC CAP, PL9 1999 O FWND tf1' IRON PIN ® FWND 5/8' IApJ PM ® FWND ALUI9NUN CAP MONUMENT B FdJND BRASS CAP MONUMENT I e FWND PK NAIL RPOB REAL POINT OF BEGINNING O LOT NUMBER - - - SEC11W DNE - - - - - - - pAOPERTY BWNDAAY UNE . 9'79'16' E 185.00 _ LOT UNE w (N 88'28'18" W) RECORD DATA PL6 7612 o I d ~~ 1) 711E OWNER OF FACH LOT, ACROSS W19CH PASSES AN IAAIGATON/ORAINACE diCH OR PIPE, 19 RESPON9BlE FOR THE n I MAWIENANCE THEREOF, UXIF55 SUCH REWONSIBIDN XAS BEEN 1X15 UNE IS ACCEPTED AS I z A4UMED BY AN IRPoCARON/DRAINACE AIPoWICIIW. THE EAST 1/16 UNE BY 7HE MERIDIAN RICH SCHOOL I 2) ALL LOT UNES CdINd1 TO A PUBLIC Po6NT-OF-WAY ANO LOT 5 SUANY ONCE ROAD) HAVE A IO' URI7Y EASEMENT. I 3)IAPoCAININ HATER HAS AE1BI PROYIOED FAdA NAMPA 8 MERIDIAN IAPoCA7NIN g51PoCf M CdIPUAN[E N7X IDAHO CODE SECRON 31-J805(b). LO15 WIMN iXE SIIBOmSON WILL BE ENTICED N tlOdCARgi NATEA RIGHTS, AXO WILL BE OBUGA7FD Fat ASSESSMENTS _ FAW NAMPA ! MEPodAN IRPoCARCN OISiRICT. 4) ANY RE9JB(XNSTON OF MIS PL1T SHALL COMPLY Wi7H 1HE MOST REaHTLr APmoNEO sue6msTa suHOARDS aF THE aTr aF NE0.ICIAN. ~ ~ 5) BUIOINC SEIBACIfS AND dMEN5Xx1Al STANDARDS d THIS SUBDINSION ~O SHALL BEN COMPIIANCE N11X RTIE 11 Qi 1HE alY Di MERIDIAN'S - p ~ UNFlW DE4ELOPNFNT CODE c I I A) O1HFR 7HAN 111E PUBUC STREET ACCESS AP%iUhD BY ACRD, DIRECT I LT w LOf ACCESS TO N. PINE AN7RIE 15 PRdil&1ED. n ~ 7) LO151,5,15 ANO 18 BWa(1 ARE CWWION LOTS ANO SHALL BE THE _ - P rc OEr1ED AXD MMNTAAIEO BY THE ARNKE SUBOmSW MOIAEOWNEAS' r nI Y ~ ASWOA110N. rc w T 8) LOL 5, BLOCx l MAS A BUNNET QTY a MEAIdAN SANRAgY SEWER ~ L5 e [ AND WAiER, R2CAli53/EatE55, ORNNA4E AND PUBDC URLIAES ~ a ~ a z z n ~ 9) LOT 16 BLOCK I HAS A BUxKET PUALIC UR1111E5 EASDA0T1 J 10) BOTTOM EAEVARCN W SdUCNRAI FOOINGS SHALL BE SET A ~ MIXMUN OF 12 dCNES ABOVE TXE HIGHEST E5GBUSHED NO0.NAL ~ GROUND WAiFA ELEVAROIL N I W 11) 1X15 SIIBdNSKIN REWCIBIES SECRON 12-ISN OF 7ME IDAHO CODE, • () PoGMT TO FARM ACT. WHCN STA1E3: NO ACPoWINAAI OPFRARON OR APPURTENANCE TO IT SHALL BE OR BECOME A NUS I I ANCE, PPoVATE OR WBUC, B7 ANY CHANGED CONdRONS N OR ABdIT THE SUAtgINOBRJ NONACPoWLNflAL ACRNRES AFIFR iXE SAME HAS BEEN IN OPERATION FOR MORE THAN ONE (1) TEAR, NIEN THE ~ OPEILARW WAS NOT A NUISANCE AT iXF 18AE THE OPERATION AECAIL PROYWED, THAT 1HE P0.0NSIONS OF IRIS BECTON SHALL NOT APPLY [ WNFNEm71 A NUISANCE RESULTS FROY TIIE INPRCPER OR NEd1CEHT OPERATON OF Y AM A6gNA1LRIRAL OPERATON pA APPURiFNANCE TO li.' 12) TN6 PUT 15 SUB,ECT 1o A OE9ELOPMENi AGREEMENT RECORDED A5 INS7RWFNT NUTABER f051917J7 CF ADA CdR11Y REWROS Is) alY DF Lra60MN 4118 AXO WRIER EASEMfJ1T. I I 0 12 n m w o-I o" 13 ~ ~ 14 °~I z NI ~ G 3 , N 3.48' CI z 15 N ~ r iv °m N b 3 N p 9 'p ~ 2A,7O' 28.37' % 27 59' n G I e E A5.75' z g 5 69'08'28' E B . 4.6Y M 0 29 Bg, N N N M7 ~ SERVICE DRIVE ~ X78 j948'W g4j 11.55 71.17' I 11.67 iV~ 4 W. 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Label Qty Catalog Number Description DIE-CAST CUTOFF LM-1 9 iCAD 2505 R3 LUMINAlRE X0.1 +~.1 X6,2 {~0.2 Lamp File Lumens LLF Watts ONE 250-WAiT CLEAR 92042801.IES 30000 0.&1 390 ET-98 HIGH PRESSURE SODIUM, HORIZONTAL POSITION, X02 Plan dew _~ scale 1°=2D' {42 }02 X0,1 {a.1 t. 1 ,, ~'. ~' CITY OF ~ C~~~'l- ~YIG~1G~"17 ` ~ ~ IDAHO ~ in 'Si: f~.q ~i.it /u„ Tia V,v1r'I t,~5ur+r since 1903 -MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202. 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 February 27, 2006 Mike Arnke 1301 North Forestdale Place Eagle, ID 83616 Re: FP 06-002 Order of Approval for Final Plat for Arnke Subdivision Dear Mr. Arnke, Enclosed you will find a copy of the above mentioned document as regards to your project pending with the- City of Meridian. Please feel free to contact our office with any questions at 208-888-4433. Sincerely, Tara Green Deputy City Clerk enc. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4873 MAYOR'S OFFICE -FAX 884-8179 Printed nn recycled paper BEFORE THE MERIDIAN CITY COUNCIL C/C February 14, 2006 IN THE MATTER OF THE ) APPLICATION OF MIKE ARNKE ) FOR FINAL PLAT APPROVAL OF ) 18 RESIDENTIAL TOWNHOUSE ) BUILDING LOTS AND 4 COMMON ) I OTHER LOTS ON 2.06 ACRES IN ) AN R-44 LOCATED AT 2070 WEST ) PINE AVENUE IN THE SW 1/ OF ) THE NE % OF T. 3N., R. 1 W., ) SECTION 11 ) CASE NO. FP-06-002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on February 14, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: February 14, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING ARNKE SUBDIVISION LOCATED IN THE SW % OF THE NE % OF T. 3N., R. 1W., SECTION 11, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 11/17/05, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARNKE SUBDIVISION / (FP-06-002) Page 1 of 3 SHEET 1 OF 3, CLAIBORN WAITE CONSULTING, LLC", MIKE ARNKE, Developer, is Conditionally Approved subject to those conditions of Staffcomments as set forth in the Memorandum to the Mayor and City Council from Sonya Wafters, Assistant City Planner .for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing . Date: February 14, 2006, listing 21 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by taus reference incorporated herein and the response letter from Michael Arnke, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARNKE SUBDIVISION / (FP-06-002) Page 2 of 3 Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the tune period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ~~ da Y of ~~ ~ , 2006. E,~'t`+arrrttr~By' T ~~ ~~„ ~ ~, ~ " ~ ~'''~ y d eerd ,4~1 it .,~~~ ,+rd ~~ '~~ ~ ,:~ g ~- ~a~,, "Mayo y of Meridian Attest: ;, '.~';'.~~';~:; ~~ ~~3,r ~, vti 'i T "'~ i ..,..n. ~' William G. Berg, Jr., Ci y Cl rk ~ o -~~;~-. ,~.~ `";,~`~~ .;' Copy served upon Applicant, the Plani'i~ '' kN'4 ~~~~~Xn~~~epartment, Public Works Department, and City Attorney. By~ ~ Dated: o0-oZ1'd LD iry Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ARNKE SUBDIVISION / (FP-06-002) Page 3 of 3 CITY OF MERIDIAN PLE. ,SING AND PUBLIC WORKS DEPAR ENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: February 14, 2006 Transmittal Date: February 10, 2006 Mayor & City Council ~ } i ~~. any f Ic4' it 14 •:i ,~ ~ 1i ~,it6d? ' ~~ •'.y ~ , ~. f' 9H; Sonya Wafters, Assistant City Planner Michael Cole, Development Services Coordinator ~ C Arnke Subdivision Request for Final Plat Approval of Arnke Subdivision Consisting of 18 Residential Townhouse Building Lots and 4 Common/other Lots on 2.06 Acres in an R-40 Zone by Mike Arnke. (File# FP-06-002) We have reviewed this These conditions shall Meridian City Council: submittal and offer the following comments and conditions of the applicant: ~e considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Mike Arnke, has applied for mal plat approval of Arnke Subdivision which consists of,; ;/~~ residential townhouse building lots and moron/other lots .on 2.06 acres in an R-40 zone. The oss density for this subdivision is 7.67 dwelling units per acre. The net density 's l0 7 dwelling units per acre. ' This property has not been previously platted. This property is located in a portion of the southwest'/4 of the northeast 1/a of Section 1 1, T.3N., R.l W. The site is located on the north side of W. Pine Avenue, just west of Meridian High School. The final plat submitted for this subdivision substantially complies with the approved preliminary plat. Staff recommends approval of Arnke Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved annexation (AZ-OS-029), development agreement (Inst. No. 105191337), conditional use permit (CUP-OS-037) and preliminary plat (PP-OS-028). 2. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant has indicated that they will be using an on-site. well as the main source, therefore no connection to the City Water system will be allowed. If in the future the well is not adequate to supply the pressurized irrigation system the applicant shall be required to use non-potable water as the main source. 3. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Perimeter fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits. 4. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- Exhibit "A" FP-06-002 Arnke Sub FP.doc PAGE 1 CITY OF MERIDIAN PL._~1NING AND PUBLIC WORKS DEPA.^,v1ENTS STAFF REPORT 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff: If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the' developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction 5. The applicant 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 may be used for non-domestic purposes such as landscape irnigation. 6. The applicant shall install sewer mains to and through this development, including running sewer to the western boundary of this property. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 7. Provide an easement using Meridian's standard form of easement for the proposed off-site sewer prior to signature on the fmal plat. 8. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 9. Revise the situate statement to read ":.. the SW'/, e~ of the NE'/a of ..." 10. Revise the year of platting to 2006. 11. Label the Block number on the face of the plat. 12. The applicant shall extend the service drive to the eastern property line and provide a secondary emergency access which connects with the driveway on the LDS property to the east. The access shall meet all Meridian Fire Department standards and shall be closed with bollards and a chain with a Knoxbox per the Meridian-Fire Department. 13. Remove all existing buildings that do not meet setbacks or the zoning ordinance prior to signature qn the final plat by the City Engineer. 14. The applicant withdrew their request to install a security gate at the entrance to the service drive from E. Pine Avenue, and a gate will not be allowed. 15. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. Exhibit "A" FP-06-002 Arnke Sub FP.doc PAGE 2 CITY OF MERIDIAN PL.~.YNING AND PUBLIC WORKS DEPAR BENTS STAFF REPORT 16. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all townhouses within this subdivision. NOTE: A CZC application may include multiple/all townhouses within the development. 17. The landscape plan, prepared by The Land Group and dated 12/23/05, shall be revised as follows: a.. A 6-foot tall vinyl fence shall-be constructed on the exterior perimeter of the property per preliminary plat site specific requirement #1.1.14. b. Relocate the fencing shown in the street buffer along. Pine Avenue to be on the interior edge of the street buffer per UDC 11-3B-7C.2.c. c. Show contours for the stormwater Swale located in Lot 5. Sod may not be used in the bottom of the drainage areas; replace with seed on the plan. Stormwater swales must comply with UDC 11-3B-11. d. The Rutledge Lateral does not run along the northern boundary of this property; revise the name of the waterway. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the fanal plat by the City Engineer. 18. Revise or add the following note(s) on the face of the plat dated 11/17/05, prepared by Claiborn- Waite Consulting, LLC, prior to signature on the final plat by the City Engineer: 5.) "...in compliance with Title 11 ~~a~ of the Meridian City Code." 7:). Include the lot and block. numbers. of the. common lots. Also address .the ownership of these lots. 8.) Revise to `read, ".:.has a blanket Citv of Meridian sanitary sewer and water, ingress/egress..." Also state that the ingress/egress easement is for the benefit of all lots within this subdivision. *.) Add a note, "Bottom elevation of structural footings shall be set a minimum of 12-inches above the hiehest established normal ground water elevation " *.) Add note regarding the Right to Farm Act. *.) Add note: "This plat is subiect to a development agreement recorded as instrument number 105191337 of Ada County Records " 19. Complete the Certificate of Owners and accompanying acknowledgement. 20. Staff's failure to cite specific .ordinance provisions or terms of the approved annexation, conditional use permit, or preliminary plat does not relieve the applicant of responsibility. for compliance. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or. lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. Exhibit "A" FP-06-002 Arnke Sub FP.doc PAGE 3 CITY OF MERIDIAN PLr.,JNING AND PUBLIC WORKS DEPAI, _~IENTS STAFF REPORT 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing; landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. 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. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Arm} Corps of Engineers. 10: Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency.. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. , 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Approval of the preliminary plat shall become null and void. if. the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Arnke Subdivision (FP-06-002) with the above stated comments and conditions. Exhibit "A" FP-06-002 Arnke Sub FP.doc PAGE 4 , f Page l of l Mike Cole From: Michael Arnke [mike@mcaconsf.com] Sent: Tuesday, February 14, 2006 3:32 PM To: Mike Cole Cc: Sonya Wafters; mattm@munger-eng.com Subject: Arnke Subdivision p . . ' ~ City of Meridian f~E~ ' ~~ Planning and Zoning 4 ~~)~~ Subject: Arnke Subdivision 'c~i.%~?T.'~~ r, r5)->SS Please accept this email as our acceptance to the Annexation, Conditions of Approval, Conditional Use Permit for the aforementioned subdivision locate within the City of Meridian. Michael C. Arnke 2070 LLC Owner Exhibit "13" 2/14/2006 ~-tea ~ ~~. ~~~ . .. CITY OF ` ~b;t~t;. . ., , ~ ~~ ~~~G~I~~I ~ .~ ,a tl 1DA]-lo ,~i CERTIFICATE 4F ZONING COMPLIANCE* Date: September 1 2006 -- Project Name/Number: Arnke Tri-plez~es - CZC-06-155 Owner: Michael Arnke Site Address: 2042-2164 W Pine Street (Arnke Subdivision) Proposed Use: Eighteen Unit Townhouse Subdivision Consisting of Six Tri-plea Buildings Zoning: R-40 (I3igh Density Residential Districtl_ ~= Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and conditions of approval of the conditional use permit.{CUP=05-037), preliminary plat (PP-OS-028) and final plat (FP-06-002) approved for this subdivision. The issuance of this permit does not release the applicant from any previous requirements of the other permits issued for this site. SitelLandscape Plan: The Site/Landscape Plan prepared by The Land Group, on December 23; 2005, labeled Ll.l, is approved {stamped "Approved" on September 1, 2006 by the Meridian Planning Department). The appro~!ed landscape plan is not to be altered~without prior written approval of the Planning Department. Plat: The plat of Arnke Subdivision, dated 2006, showing building footprints and setbacks is approved (stamped " Approved" on September 1, 2006 by the Meridian Planning Department) as shown on the submitted plan. Elevations: The elevations for the townhouse units are approved as shown on the plans stamped "Approved" on September 1, 2006. The townhouse units shall. be constructed as shown on the approved elevations. ation: An Lwderground, 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 withthe Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-38-10, coordinate with the Parks Department Arborist (Elroy Huff 888-3579) for approval ofprotection/relocationmeasures forthe existingtrees prior to construction, Any severely damaged tree must be replaced in compliance with UDC 11-3B-10-C.5, Parking:, 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 ofhandicap-accessible spaces confomLS to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance with ADA standards. Cam: Per UDC 11-3B-5I, all landscape areas adjacent to driveways, parking lots, or othervehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices.. Curbingmaybe cut to allow for storm water runoff. Sidewallcs: All sidewalks shall be constructed in accordance with I 1-3A-17. Sidewalks shall be constructedprior to occupancy. '..ma e: 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. Fencin :Any required. or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7. Li tin.: 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. SiQnage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. TrashEnclosure: All dumpster(s)must bescreened inaccordance withUDC-l l-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Hanclicap-Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap-accessibility requirements. ACRD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building pesrnit. If any changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of Meridian Plam~ing 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 com-pletion shall be prepared by the Iandscaipe architect, landscape designer or aualified nurseryman responsible for the landscape elan upon complehan of the landscape installation. The Certificate of Completion shall verify that all landscape nnprovecnents, including plantrnatenals 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 Lettex of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany airy request for Temporary Occupancy. Plan Modifications: The Site, Plan and Landscape Plan are approved as submitted (stamped "Approved on September 1, 2006), and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. Sonya Wafters Associate City Planner *This letter does not indicate compliance with requirements of other deparhnents/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 wank has not begun. z ~. THIS LINE IS ACCEPTED / ~ THE EAST 1 /16 LINE BY ~, .E "..MERIDIAN HIGH SCHOOL ~ SURVEY ~ ~o (V w c~ ~-' N tY Na o z, ~ ~ti„3~~` . r ~C & ale"y~l '4,N ~ ~ } ~ z' ~ ~ F ~"~'~ ~$~'y~ r.'9~4 t .'~~° y fr . \ \e 3 / ,/' l 1 .. y.. 1 i+, "5ta •'ea '2u i h ~~ _ ;..~, N d 0 0 z OB 105.00' N 89'10'36 (N 89'38', J F- 00 Z O .J Q= U O _NZ tY ~ = Y ~ O tY _Q = o- w M O 0 Z Q Q O . ~W Iq I Iv A$SUMF-Ll BY AN IRRIGATION/DR.'..NkS~t JUKIJUIIiiiun 2) ALL Ll.. LINES COMMON TO A PUBLIC RIGHT-OF-WF (SERVICE ROAD) HAVE A 10' UTILITY EASEMENT. 3) IRRIGATION WATER HAS BEEN PROVIDED FROM NAMP IRRIGATION DISTRICT IN COMPLIANCE WITH IDAHO CO 31-3805(b). -LOTS WITHIN THE SUBDIVISION WILL BE RROMANAM AAdc MERI DHAN~ IRR GATION BDISTRICTATED 4) RECENTLY APPROVED SUBDIVIS ON STA DARDSPOF T MERI.DtAN. 5) SHALLINBES COMPLIANCE WITH STITLELII OF DTHE CI' UNIFlED DEVELOPMENT CODE. 6) OTHER THAN THE PUBLIC STREET. ACCESS APPROVE LOT ACCESS TO W. PINE AVENUE IS PROHIBITED. 7) OWNED ~ AND MA NTAINED BY 1THE ARNKE SUBDIVISIO ASSOCIATION. 8) LOT 5, BLOCK 1 HAS A BLANKET CITY OF MERIDIAt` AND WATER. INGRESS/EGRESS DRAINAGE AND PUBI EASEMENT. 9) LOT' 16`° BLOCK 1 HAS A BLANKET PUBLIC UTILITIES 10) BOTTOM. ;ELEVATION ,OF STRUCTURAL FOOTINGS 5HA! GRO NQ WATER IELEVATION~~ THE HIGHEST ESTAB 11) THIS SUBDIVISION RECOGNIZES SECTION 22-4503 0 RIGHT ,TO FARM .ACT. WHICH STATES: "NO AGRICUL' OR APPURTENANCE TO IT SHALL BE OR BECOME A OR PUBLIC, BY ANY CHANGED CONDITIONS IN OR P. SURROUNDING NONAGRICULTURAL ACTIVITIES AFTER BEEN IN OPERATION FOR MORE THAN ONE (1) YEA( OPERATION..WAS ,NOT A NUISANCE AT THE TIME TH .....n.enCn -ruAT '1~IF PROVISIONS~~OF~ THIS- SECTION _ ~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .OD 44 BOISE•IDAH012115105 02:25 PM ff II DEPUTY Vicki Ailen ~~I I~~~~~~~~~~~~~0~~~~~~1~~~~~~~! ~ ~~0 RECORDED-REQUEST OF 1~5191.~,~? Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridzan 2. 2070, LLC, Owners 3. MCA Construction, Inc., Developer THIS DEVELOP NT AGREEMENT (this "Agreement"), is made and entered into this_~ day of ZOOS, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and 2070, LLC, hereinafter called "OWNERS" and MCA Construction, .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 "Property"; and 1.2 WHEREAS, Y.C. § 67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" and/or "Developer" .make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-1d-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and/or "Developer" has submitted an application for annexation and zoning of the "Property's" descxibed in Exhibit A, and has requested adesignation of (R-40}High Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" and/or "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject ".Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIViS]ON PAGE l OF 11 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 government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 20`h day of September, 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 xeferred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners" and/or "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and/or "DEVELOPER" deem it to be in their best -- interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.1.0 WHEREAS, "City" requires the "Owners" and/or "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government 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 of the 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 of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION PAGE 2 OF 11 3, DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue; Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to 2070, LLC, whose address is 1301 N. Forestdale Place, Eagle, Idaho 83616, the parties who own the said "Property" and shall include any subsequent owner(s) of the "Property" 3.3 "DEVELOPER": means and refers to MCA ,Construction, Inc., whose address is 1301 N. Forestdale Place, Eagle, Idaho 83616, 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-40 (High Density Residential) 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 which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the R-40 zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ OS-028 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION PAGE 3 OF I 1 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated May 23,2005, 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 "Owners" and/or "Developer" shall develop the "Property" in accordance with the following special conditions: 1. That the applicant 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 may be used for non-domestic purposes such as landscape irrigation. 2. That all future development of the subj ect 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 conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke; fumes, glare or odors. 3. The applicant has submitted elevation drawings for the proposed dwelling units included with the CUP. Staff believes that the dwelling units will be compatible, with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Arnke Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 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 "Owners" and/or "Developer" or "Owners" and/or "Developers" 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 DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION PAGE 4 OF 11 effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and/or "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: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and/or "Developer" and if the "Owners" and/or "Developer" fails to cure such failure within six (6) months of such notice. 9, INSPECTION: "Owners" and/or "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written 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" and/or "Developer", "Owners" and/or "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 "Property", this Agreement may be 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" and/or "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION:. "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION PAGE 5 OF 11 "Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and/or "Developer", 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 "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein: 13. REMEDIES: This Agreement shall be enforceable in any court of competent « ,~ ,~ jurisdiction by either City or Owners and/or Developer , or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 "Owners" and/or "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time 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" and/or "Developer" or "City" is delayed for causes which are. beyond the reasonable control of the party responsible for such performance; which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14.. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements; which the "Owners" and/or "Developer" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ 05-028) ARNKE SUBDIVISION PAGE 6 OF 11 15. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "Developer" has 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" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian.. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (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 OWNERS: 2070, LLC 1301 N. Forestdale Place. Eagle, Idaho 83616 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: MCA Construction, Inc. 1301 N. Forestdale Place Eagle, Idaho 83616 DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION PAGE 7 OF 11 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and .reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19: TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations 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 "Owners" and/or "Developer" 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 "Owners" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and/or "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and/or "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION PAGE 8 OF 11 "Owners" and/or "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing 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 Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided: DEVELOPER:. MCA Construction, chael OWNERS: 2070, LLC By: DEVELOPMENT AGREE1vIENT (AZ OS-028) ARNKE SUBDIVISION PAGE 9 OF 11 CITY OF MERIDIAN BY: MAYOR TAMMY de WEERD Attest: CITY CLERK STATE OF IDAHO, . ss: County of Ada, ) On this lS day of ~/' , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael Arnke, on behalf of 2070, LLC, known or identified to me to be the .9 ,` C of said corporation; who executed the instrument on behalf of said coi oration, and acknowledged to me that he executed the same: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the~year in this certificate first above written. aLANGSTQ ~~'°'~~c~Ry'.~ ~: z~ (SEAL) ~~~ - pUB~,~U Nota Pu o aho .•~~° Residing at: W~c~S ~40 3,a~k ••sTATE OF ~~ DEVELOPMENT ENT (AZ OS-028) ARNKE SUBDIVISION PAGE 10 OF 11 My Commission Expires: osl~ ~`~~z STATE OF IDAHO, ) ss: County of Ada, ) On this /S day of Y 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael , orbbehalf of MCA Construction, Inc., known or identified to me to be the ~ ~ C~ ~'~ of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he 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. ~..,;.....;;,J~~ (SEAL) ~~Q~~Tq/~Y -~- ~. AvB 1.~G STATE OF IDAHO ) County of Ada ) ss Not P is for aho Residing at: ~/FUS ~o a~vK- My Commission Expires: ox[oy /zo+2 On this day of , 2005, before me, a Notary 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. (SEAL) Notary Public for Idaho Residing at: Commission expires: _ DEVELOPMENT AGREEMENT (AZ OS-028) ARNKE SUBDIVISION PAGE 11 OF 11-1~- CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QCTESTIONS? CALL (208) 884-5533 C. Legal Description claiborn ~ uuc~ite consulting Ilc engfneers 8~ surveyors 1461 S. Teare Avenuo Meridian, Idaho 83642 (208)288-2693 Fax (208)R84-8002 P.N. 2234 ANNEXATION & REZONE DESCRIPTION FOR PROPOSED ARNKE SIJBDMSION May 4, 2005 A parcel of Iand located in the Northeast 1/4 of Section l 1, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, and being mora partialarly doscn'bed es follows: Commencing at the East 1/4 corner of said Section 1 I, from which the Center 1 /4 corner bears N 89°10'36" W, 2655.10 feet; thence N 89°10'36" W along the South boundary of said Northeast 1/4, also being the ~ caakrGae of W. Pine Avenue for a distance of 1431.35 tiet to the REAL P011~IT OF I BEGINNITIG; therioe leaving said South boundary N 00°29'24" E for a distanca of 264.17 foal (formerly described as N 00°02' E, 263.6 feet); ~ thcoce N 89°38'Z7" W for a distarroe of 46.97 fiat; thence N 76°41'50" W for a distance of 94.49 feet (formerly described as N 77°39' 'W, 95,1 Feet); thence N 83°29'OT' W for a distance of218.62 feet (formerly described as N 84°33' W, 218.4 fact); thence S 00°51'32" W for a distance of 305.88 feet (fontterly described as S 00°02' W, 304.6 feet).to a point on the South boundary of said Northeast 1/4, alsw being the centerline of W. Pine Avenue; thence S 89° 10'36" E for a diataoco of 358.50 feet to the POINT OF $EGWNING; containing 2.34 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. 1~5pud11pagjactislArnke (2234)W~~mentslARNIQrAnnexd~sc.doc-1 REV W APPR9YA ~~ EY 1•i1,~ .. .: I.~ MERIL'IAN PUBLIC W!1FK5 DEPT. C-1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 2.06 acres from RUT (Ada County) to R-40 (High Density Residential) AND Preliminary Plat Approval of 18 building lots and 3 common lots on 2.06 acres AND Conditional Use Permit Approval for 18 townhouses in a proposed R-40 zone, for Arnlce Subdivision, by Michael Arnke. Case No(s): AZ-OS-029, PP-OS-028, CUP-OS-037 For the City Council Hearing Date of: September 20, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 20, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Glerk (for written testimony) and in the official meeting minutes (for oral testimony}. c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed .with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 1 of 5 a. In addition to tl~e application and property facts noted in fhe staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Dou and Betty Heffel. 4. Required Findings per Zoning and Subdivision Ordinance a. See the staff report attached as Exhibit A for the findings required for these applications. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. Tl~e Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian 11as, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-3$2 and Maps: 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code - § 11-17-9. 4. Due consideration has been given to the comment{s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and' Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions in Exhibit A, the Preliminary Plat dated May 3, 2005 as shown in Exhibit A, the Site Plan dated May 4, 2005 as shown in Exhibit A, the Annexation and Zoning Comments as shown in Exhibit A, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit A, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit A. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition ofapproval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ANA DCCIS[ON & ORDER CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 2 of 5 Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary .Plat dated May 3, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by leaving submitted the Site Plan dated May 4, 2005 is hereby conditionally approved; acid, 3. The Site Specific and Standard Conditions are as shown in Exhibit. A. 4. The following modifications to the site specific conditions for the Conditional Use Permit were made at the September 20, 2005 City Council hearing; i. Add a Condition which states: "The applicant shall construct a 6 foot solid vinyl fence on the exterior perimeter of the property." ii. Add a Condition which states: "The approved elevations shall include .brick on the rear of the buildings." D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). ALr05-029 / PP-OS-028 /CUP-OS-037- PAGE 3 of 5 construction of the public utilities and one year thereafter to complete coiistluction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1, The Applicant is hereby notified that pursuant to Idaho Code G7-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (2$) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will tol! the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of tl~e governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property. which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Staff Report By action of the City Council at its regular meeting held on the ~ {~~` day of ~~~~_, 2005. COUNCIL MEMBER SHAUN WARDLE VOTED~~- COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER} Mayor Ta d eerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-029 / PP-OS-028 /CUP-OS-037-PAGE 4 of 5 rr~~ 111111.11III111 Attest: ~'~ ~( ~•, .~ ~` ~ V~ ~ ~~~, r = 4 Fo William G. Berg, Jr., Ci Cl rk _ ~~'~~~' ~- ~, ~ ~: Copy served upon Applicant, The Plaf~~/~~i.~ni~,~Parttnent, Public Works Department /rrrrrrri nin~~~~~~ and City Attot~tey. By: Shy ~ ~ll "ti`fl/y Dated: ~~' lj~o5 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC1SlON & ORDER CASE NO(S). A2-OS-029 / PP-OS-028 /CUP-OS-037- PAGE 5 of 5 ADA COUHIY R~tDER J. DAYtQ NAVARR4 AklOUNT 8.00 2 QOtSE IIIIIflO 81106l~ 08:11 AN nn t p rr'' ~tltleofboise R~ EQ~REQUESTO~F u~Illl"~'III~II~II'I~~IIIII~~IuI yh~l>7~ ~,~y 105090362 ~~=~~~~ 8F ~' WARRANTY DEED ~ For Value Received DON HEFFEL AND BONNIE HEFFEL, HUSBAND AND WIFE, the Grantor, hereby grants, bargains, sells, conveys and warrants unto ~ Az ~/~/~/~4~d~~Xi!/ 2070, LIC the grantee, whose current address is 2tY~Y~ddd~/c'.,lJ~'~d,~ik'Yi$3C><Y.t/' /,fsalc4-ire .~'~// the following described premises, to wit: f>~/ifF~Ff~~ ~ ~-'' See "Exhibit A" attached hereto 1031 N. Farcestrlale Pl lragle, Id., 63616 Parcel Number; R1895t10613551211131790 SUBJECT TO: Current General Taxes, a lien in the process of assessments, not yet due or payable. Easements, restrictions, reservations, provisions of record, and assessments, if any. ~ TO HAVE AND TO ftO1.,D the said premises, with their appurtenances unto the said Grantee, their heirs and assigns forever. And the said Grantor dpbs hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises, that said premises are free from all encumbrances and that he will warrant and defend the same from all lawful claims whatsoever. Dated this 5th day of July, 2005. ` ""` I ~,''~y,,~e- t DON HEFFEL BONAiIE HEFFEL 5TATE OF IDAHO ) ~• COUNTY OF ADA } On this 5th day of July, 2005, before me, the undersigned, a r personally appeared DON HEFFEL AND BONNIE HEFFEL me on the basis of satisfactory evidence, to be the persan(s} w the within instrument and aclrnowledged tome that he/she/the WITNESS MY HAND AND No ublic: PAMELA DRAPER siding at: EAGLE, ID My commission expires April 16, 2009 rcy Public, in and far said State, own to me, and/or identified to se name(s) is~are subscribed to ~ z -. ; Cs / 9~ F: ~ • ~ it r ,~ ~i .s i O ~. ~. 0 ; Stewart~deofHoise.lne. FaeNumber. 4035193PD/BF Weu~m~ry Dad Poge 1 of 2 N JL 7f bl RI ~~R y5 A ~ " I V;I (al t. bpi F = I - ~~ ~ ~ av ,w~.~oa.~.~ ~ ~" u~xue~x~~. vwalE ~LKfY 1 I i 6 I es. w d~sx "wxuv°~i¢'x`" a[ nl ~ sa I " adwamw~, rxxe cu vxvesvo c>~'"asniw a,w nor w0e"nrx. "O x~ . e eui x anrs n I - I i w an xveaxmaa avanw a urvx,wna s ,p u~srvvwi" ~~ ,m vsfm¢dv~M~ vwr~s~an rs I6 ,» orc 6 roux va xs9 rsna Fimiwr. x es" w xxei of N ff ffCICAIF-10 ME aUHIC ~I S 69'10'36'E __-35&80' __ __---~resos" ,. ,.n (s¢0 W. PINE 3TRf E1 p~g,y eSCVae'v " Ea94 a ffA44YC .u du «s a2 MIXaFtIANxE x EaR VWDOV pCCi vi SION NQ2 ~A ~~ ~ O ID 2 SHEET 1 OF 3 PLAT OF soac_ra6f ARNKE SUBDIVISION LOCATED IN THE SW 1 /4 OFTHE NE 1/4 OF SECTION i 1, T3N, R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO tE¢u¢ " claiborr~ weite consulting, Ilc z I o ~>~,~raaax aei c I, a }p, BDISE, IDAHD CHERRY L N II Ix ~' rc" I""" 21H16 der xa a SrTM,~' eaw~"ns nw _ a mre yr edr m 0 stun sit' wx m T 8 mlw a..s wenuWxr~ __ ` I""'~'. rca.~ ° "E0 rwxe la ww ar awe yard etammn 637075' w n.v an , z - _ 218.71' ~ war ~ wm~sA" wax rw w o1 ias w,¢x s r.n si a 'emu, N7q.a hrrry Merin rl -___- scow ,,. ,,azrw"~~~~ 6676'IS•w -------amal"awuarlvrc 6CGYY 7 `° ~ ~o e+.ss nze' I" en"~ EI - ~~~ ~~ ~,r senr,rE ~ _ (x aeza,a'wn "ue ^~ ~ n e.~ E S ~ ry R .. ~ ,., I w I f/QLES` '-~' 8 , f s 11 d ~ • ,^ ml O ra ono-x d uw es..sw~ new vxss wI ~'I g - 05 a m g_ RI m+w~"si¢¢v°wm s°°Fiw ~ssu~ir w19A.t~ Ofi z Oj O O 10 : P ~ 12 ~'A a n s_.I s®rt° I ~ e+w eatinwNUUS uArslcew. 5 B 13 '_ _ us iii ~er nc1 i),y ws ayes wow ry x welt Imrt-arvner rro lm s g , r, g 14 B "0=1 strrrr u \I (vax¢ crval loss e,n u,urc uvrm. so "r s u sdrc~ E e 15 I ~ sl ~m~x nsmwm"~wtw¢sss M4x WOE S[ce z S ~ .", $ u .R s k 0~~"1. ~~ wu''wd, ws ~LLtn rwn ~n secmr [ eve n.M1B ~ "s nmxE ear ns I~ q.ur ssmw~snwuaaar nr mx~c ~arcv r ns e, a B a I vuu s xmwu ¢ .a~uw snroems d tw wsevsw AS FRVICfffi RRI VF , " xr"sr1B'" „« ®~a lug I sl aeuxc ~nal,c arcss~as e"vrs6s s 5o s¢saae'[ s, ~'~' - I eI~M an .r~i~ise~rs~~mlm. ar wa ucn ;I ~°Pry+f n I'v,etrr u%. wrrze's" " ~ ~ I ~ rlo ml'ew v~iwnam erlnt~i ¢"s"am~iaox~awYU[ s, ~ I,a OI ~ gwra aaxlxa"axa<n orcseom.a wmwr sea r t an u S ~ ~rsm enfo-ahaes, wn~x w ask u,um ~ qum,eam,xxt xewm aat mum uvas w, '. _ 2 2 W pWp W W ~' ~' 1B 0 _ p w,m"~va v,z xo~ ura ~ r,~ac®moaiu O ~80 O O '8"21 8°085!8219 sa18 ~m 7 ^g.j= n IW ,II~sams~ov ~s 5n."memuo wnru~i m 0 w rn N ~F ._. CG~O D O o ~ m-i ~. ~ ~ ~_ a: .y m a` ('~ a. rn 0 H rSy CC `~' .. O m N , p~ ~p ~ ~ ~ ~.77 A `J-. ~ " 'TJ "*+ i~ b ~ rt o °' < ~ ~ COD ' •, ~ ~ `~ ° ~-zz~ ~ O- ~ wm, °~ ~ co O „~ N ~ n l ~~ ~~ ` I VII f _~' (n .'-a ~ ~~_ ' ..Z III ~ •~l ~ ;Y~ , ,~ '`~ . ~ Ra I u c ~ 1. `~ -~_ ~ -~ t o ~ , I r i a-~• f ~ ~, = r~ r~ ~`y c ~ _: , D ~ -~ n ~ m r _ ~ n 2 ? z~ ~ m ` ~ ~ ~ ' .~t " ; . o rs ' ~ ;~ ~ ~ a, Lni~ o - ~ ~,r< .,~ t r r o ; ~ ~._ o ~, ~ ~ ~ Securlry Fee wree lnciuEaG . Oatalis on be<:-:. ___ __ _-__ CITY OF erl~lcn 33 E. Idaho Ave. ~~~_ Meridian, ID 83642 ~ sue. V~~INCE '' 11 II 1903 S , "8~ ~l~l Date ~ ~ ~ r Applicant ~f ~. Address ~ ~ti~ .!~ Q~ r~,~,( [~ ~~ L Z- 2 r Phone % ~' Q CASH CHECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT `~o/ • G7~i l2~od I I 1 I I I I 1 1 I I I I I 1 I I I I I I I I I I PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX 1 ®~ O ~ B~ceived TOTAL ~~ 55748 eJi~~lff~ ~ JOCI R x~~~3 1 (io,«,.,,.,~`cd~o ~.rri-cam July 10, 2007 To: MCA Construction Inc. -Michael Arnke 2124 W. Pine Ave Meridian, ID 83642 Subject: MCZC-07-133 Arnke Townhomes 2160, 2162, 2164 W. Pine John S. Franden, President Rebecca W. Arnold, Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner Carol A. McKee, Commissioner CEIVED .~UL ~ ~~ ~~Q~ City of Meridian City Clerk Offioe In response to your request for comment, the Ada County Highway District (ACRD) Planning Review staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that there are no site specific requirements for you at this time due to the fact that all street improvements exist. This site is within Arnke Subdivision which has been previously approved and platted. If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require improvements to the transportation system at that time. Prior- to final approval you will need to submit construction plans to the ACRD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. A traffic impact fee will need to 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. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACRD. If you have any questions, please feel free to contact me at (208) 387-6177. Sincerely, ~~ Chelsee Kucera Right-of-Way and Development Services CC: Project file City of Meridian Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us 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 ACHD ®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 With" 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 With" letter: • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review Division 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, including, 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 Approaches) • 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 ACHD Construction -Permits along with: a) Traffic Control Plan b) An Erosion 8~ Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment & Erosion Submittal • At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified 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. ^ Final Approval from Development Services ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre- Con Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us