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Dakota Ridge Estates AZ PPOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney .10 0 - HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place t0 Live RONALD R. TOLSMA OF MERIDIAN MAX YERRINGTON CITY WALTW.MORROW 33 EAST IDAHO SHARI STILES Planner & Zoning Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON Phone (208) 888-4433 • FAX (208) 887-4813 Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: aw rid LVA ,` MAR 1 4 1991 CITY OF MERIDIAN Roylance & A -o +40v4 (Mwa f Ssft 1.0 A tract of land I Mange 1 Wens, t • • 4c}ates P.A. EngWWWs SWVS (Xs • tondplonnws Mho 63708 ietsgt," (206) 334-7390 k. (108)&M-7394 February' 15, 1944 Project No. 1488 LASA Description Dakota Ridge Estates SubdM$km I in the Northwest 114 of the Northeast 114 of Section 3, Township 3 North, Meridian, Ada County, Idaho, described as follows: Comnimcing at a found brass cap manumenting the Northeast Comer of said Section 3; the here of said Section 3 a distance of thgtoa orth 89°-06'.49" West along northerly 1320.35 feet to a point; stud point being the POINT OF BEt3MING. thftrce S mth 00°-25'«57" West a distance of 1370.74 feet to a point, thom ts orth $9°-10'-37" West a distance of 1,320.96 feat to a point, thence orth 00°-27'»30• East a distance of 1372.00 feet to a point, the qorth 89°-46'49" East a distance a of 1,320.35 feet to the POINT OF The a described tract of land contains 41.57 acres more or less, subject to all coating s and right"f--way. Poo -n ` brand tax transmMa! memo 7671 v a p.ya • ��IAE TOA 'IJP It Roylance & Associates P.A. 4619 Emerald, Suite D-2, Boise, Idaho 83706 Project No. 1488 Engineers • Surveyors • Lanciplanners Dakota Ridge Estates Subdivision Telephone (208) 336-7390 Fax (208) 336-7391 Dakota Ridge Estates is a 135 -lot planned residential development located along the south side of West Ustick Road west of North Ten Mile Road. Residential density on this 41.57 -acre tract is 3.25 dwelling units per acre. The site is located adjacent to the city limits of Meridian, and a request for annexation accompanies this proposal. This would involve a change in zone from its current Ada County 'RT' Rural Transition District to Meridian's 'R-4' Low Density Residential District. Surrounding land -uses found in the vicinity of the site includes a low-density residential development currently under construction (Englewood Creek Estates Subdivision) to the east. Agricultural land is located immediately to the north, south, and west. The principal town center and commercial district for Meridian is located roughly 2 miles to the southeast of the property. Municipal water and sanitary sewer utilities are available to the site. The proposed density of development reflects the spirit and intent of the updated version of the City of Meridian Comprehensive Plan, which recommends single- family residential development for this area. Other community facilities proposed for the immediate area includes a regional park, fire station, and domestic water well. Access from the north shall be provided via West Ustick Road, with a local network tie to the east at Shervil Drive. A future street access point shall also be provided to the south. At a state of total development, vehicular traffic generated by this project is estimated to be roughly 1,350 vehicle - trips -per -day. It is anticipated that this condition shall be attained by the year 1996. Current traffic demand along West Ustick Road between Star Road to the west and Linder Road to the east is roughly 650 vehicles -per -day. This is expected to increase to 10,000 vehicle trips -per -day by the year 2015. West Ustick Road is classified as a sub -standard minor arterial thoroughfare by the Year - 2000 Functional Street Classification System -Urban Area. Right-of-way requirement for West Ustick Road is 45 feet from centerline, with 20 -foot landscape buffer lots provided along the full length of the roadway. The proposed residential dwellings shall be a mix of single -story and two-story structures primarily featuring 3 bedrooms with two -car garages. The size of living areas for these residences shall be in excess of 1,500 square feet. The architectural character of the buildings shall reflect a high quality of physical aesthetics and construction. Soils found on the site are predominantly Purdam-Power silt loams with very shallow slopes. These are typically moderately deep and well drained with depth to hardpan ranging from 20" to 40" below surface. These soils can adequately support residential housing without basements. Any questions or comments regarding this application should be directed to Mike Shrewsberry, Roylance & Associates, P. A. at 208/336-7390. E • REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must hie in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:100 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION n 1. Name of Annexation and S1ubdivision, I&TE T'jc,KET ESTMM5 2. General Location, NU�i� ��4 L�O�J 3 T3H R IW i w wrg of IEt4m,Lt= o OKUsnc9 Rb INISRSECTIDN 3. Owners of record, Lgb14NR ^tck tJR2 1N R j� Address, AM War &P6K RD IA R151AN , Zip a4)-Telephone- 4. 4)-TelephoneA4. Applicant, 1hyr;JUE Ow Address, Fy fox _4 s SWEW,4, oaks CA 91813 5. Engineer, •DAVID RGYUWGE L aCg: '� A666C1om$ Address 4419 Emc;2 LD -5r Ju1TE D Jta Zip 8320o Telephone )0 336 -)390 6. Name and address to receive City billings: Name &VENUE 006 AddressPOP-65465 5wzx�w Ows Telephone 81/344-049 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 1.5i 2. Number of lots 13 3. Lots per acre 1:5 4. Density per acre _,30- 5. oe5. Zoning Classification(s)_R-4 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional le, what is the existing zoning classification Ki o(ttL"1T�1tv;m60- 7. Does the plat border a potential green belt MO 6. Have recreational easements been provided for wo 9. Are there proposed recreational amenities to the City_ Explain 10. Are there proposed dedications of common areas? Wo Explain For future parks? �� Explain 11. What school (a) service the area JOits SCtA0tL Nesnla#1 _do you propose any agreements for future school sites Explain 12. Other proposed amenities to the City 1 uNi(I)PAL Water Supply ��tER1014tJ Fire Department Other _ . Explain 1:3. Type -of Buildi(Residential, Commercial, Industrial or combination) K�s1Atit•Ci1pL 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other 15. Proposed Development features: a. Minimum square footage of lot(s), 0�0� b. Minimum square footage of structure(s) C. Are garages provides for, 'ItS quare footage t' d. Are other coverings provided for Iva e. Landscaping has been provided for Ivo, Describe (2) 9 • f. Trees will be provided for �%S Trees will be maintained -(rS g. Sprinkler systems are provided for h. Are there multiple units_ Mo 01 remarks -/CS Type i. Are there special set back requirements IVO Explain j. Has off street parking been provided for YCS ,Explain Nl\1 Su1A� 4,4a k. Value range of property 1. Type of financing for development M. Protective covenants were submitted .Date 16. Does the proposal land lock other property !J Does it create Enclaves Klo STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. 3. 4. 5. 6. Proposed use is in conformance with the City of Meridian Comprehensive Plan. Development will connect to City services. Development will comply with City Ordinances. Preliminary Plat will include all appropriate easements. Street names must not conflict with City grid system. (3) i • APPLICATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING & ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Dakota Ridge Estates (PROPOSED NAME OF SUBDIVISION) NW 1/4 NE 1/4 Section 3. Township 3 North, Range 1 West South side of West Ustick Road west of North Ten Mile Road (GENERAL LOCATION) (LEGAL DESCRIPTION — ATTACH IF LENGTHY) Leonard Aschenbrenner 208/888-2689 (OWNER(S) OF RECORD) (TELEPHONE #) 3875 west Ustick Road, Meridian, Idaho 83642 (ADDRESS) Avenue One 818/344-4249 (APPLICANT) (TELEPHONE #) P. O. Box 5465, Sherman Oaks, California 91413 (ADDRESS) Roylance & Associates, P. A. 208/336-7390 (ENGINEER, SURVEYOR, OR PLANNER) (TELEPHONE #) 4619 Emerald Street. Suite D-2. Boise. Idaho 83706 (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Residential (TYPE OF SUBDIVISION — RESIDENTIAL, COMMERCIAL, INDUSTRIAL) 41.57 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY) (FEE) NINUINORI a real estate partnership February 9, 1994 City of Merridian 33 E. Idaho Street Merridian, ID 83642 RE: Letter of Authorization to Act as Agent for Owner To Whom It May Concern: I, Andrew D. Byron, owner and general partner of Avenue One, which has a vested interest in the 40 acre parcel located at 3875 Ustick Road, Merridian, Idaho, do hereby authorize David H. Roylance P.E., P.L.S of Roylance & Associates P.A. to act on my behalf as my agent to represent me on this land development project. This letter authorizes Mr. Roylance to sign and submit any and all applications as necessary on my behalf, pay fees, and do anything else necessary to complete the application process. If you have any questions, please call me at: (818) 764-9975 office or (818) 759-0526 fax. Any correspondence should be sent to: Avenue One, 6611 Varna Avenue, Van Nuys, CA 91401. Thank you very much. Sincerely, Andrew D. B on General PaYtner ADB:ms encl. coo NVIamom 39109 A311YA 317VA••r •• •• u • - 2 it 60 s •16 9 ............ •o ' tQ Ln OYO& • • a130N/ / • :• f. � ;/. /. ��' '•, � .o SOD U ,��. 56o I E 2 ... .N N 2560 ` •�,. il�`v� mod 1y r 3tIW rt�L --- 4 TERA 1•` ti J •, O � � i��- iii' cr�,�.•. m o � � � LATERAL '^ i �pv �Q0 IL ' w a ' s� .I`• N J 17 n3400?P. s ajv Oroar a M �� . < 0 G 0° < (A 3 t-> IN JI a °° Z_zz i<0 JOU ¢aa 0� �z 02 I - z 0 W F F z W LJL39 REAL EE PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY THIS IS A LEGALLY G CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING THE G AL PRINTED PROVISIONS ON THE REVERSE SIDE AND ANY ATTA S, CAREFULLY, BEFORE SIGNING. IF YOU HAVE ANY OUESTIO NSULT YOUR ATTORNEY BEFORE SIGNING. I. IMPORTANT - AGENCY DISCLOSURE At the tirtha of �ntng this agreement the agent working to buyer represented and the agent WWkNIg with she seller represented �r` E• r f a Y,� h- EW:h party signing this def:WMIn11Ymfinft 0x11 INIOf WflltOe dl.^.Ck1SUr0 UI agency elan Prrooviddehf ed to mthIn m this transaction. Each parry to this transaction has read and undoistards the Contents of to agency disclusure brochure previously tecumi t). ID# .:�j�7239 lith, ninns ,Idaho NOV. 4 ig� here er a agrees o puro se, and the undersigned eller agrees to sell the aloWing described real estate hereinafter retorted to a ''promises- commonly known es City a Countyof _ AA%— Who, legally described as: to ht- a t a e - h o d (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED OR ATTACKED PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker to insert over hb eyrta, x- f)N Correa Ngal description of the premises if unavailable at to time of signing, or to correct the lapel gescriptictn previously onteied if erroneous or incornpleta.) z. rr►nnesl muneT. d , ' 100 E (a) lhsteby demurs as earnest money and a receipt is hereby acknowledged 01 i r� ' dollars (S UUU�UU ).ygencedby. ❑Cash ❑Personal Check oCashierlChock'0146110Due, ❑or (D) Earnest Morey to be deposited in boat account upon acceptance by all parties and:)heti bd 6d by: ❑ustshg Broker ®Seeing Broker C3 Other for the benefit of the parties hereto, and -1-1 r r'r T •%a r a of a Y (Broker) shell told to Completely executed brokers copy of this agreement aril is re.4masii4c or the dosing. (c) It all conditions have been mel by Buyer, Buyer and Seller agree that thu uan hest money (less credit report lees, and any other Buyer's costs) shat be refunded to Buyer in the event Buyer or Segerconsummate the sale due to circumstances beyond their control. (d) The parties agree that `�tnot ewart r Title Company shad provide title policy and preliminary report of commitment and the -fig agency' for this transaction $hat t i3'.: i i r t . It a long-term escrow / collection is Involved, then the escrow hokNrNapb' c 1, r u.,.,: , �f,-.:.•-r.0;! an,. nci_ D0113r5 3: DOLLLARARS($�'b'6�$b8r��bW�" - Payable as follows, (a) $ S 8 0 0.0 0 U . 0 0 Cash down, Including above Earnest Money (Closing Costs are additional). (b) 5 Balance of the purchase price (M.I.P. not Included). 4. FINANCING. This agreement is comirgeM upon the Buyer somng the following financing: ❑ FH&�O VA 13Conv, 13 UK C3FmHA, C3 Assumption of existing bents). ❑Other. (a) ❑ NEW FINANCING. Purchase ban balance as noted a e for a period cia4pars aill.4 ria per annum. (It FMA or VA ban is sought, read the applicable provisions on the reverse aide hereof.) Buyer sh0Npay no more points plus origination lee t any. Seger to pay on1the discount points necessary In order to obtain above described financirp but not toe points• Any reduction in points shall firs[ accrue to the benelit of the: ❑Buyer ❑Seger OD }'vided Equally. (b) ❑ ASSUMPTI N. Buyer b ASSUME and ❑ will or ❑ will not be r uired to qualify for an EXISTING LOAN(S) a approtdmaley S n / a at no more % with morWty payments of approximately $ 11 f& Including ❑ P ❑ 1 ❑ T ❑ 1. This agreement. does ❑does not require Lender to release Seller's liability. Type of ban Buyer shall appy for such ban or assumption within three (3) banking days alter Setter's acceptance of this agreement. II an appraisal te roqulired under Royals istahon0 contbngency, premises must a wise al no less [hen purchase price. 6. OTHER FINANCING, TERMS AND/OR CONDITIONS:Spm �dd�nd tm # 1 i 6. SELLER'S RIGHT TO CONTINUE TO MARKET THE PREMISES AND ACCEPT OTHER OFFERS. This agreement provides for the Seller to, r -4 continue b madat it* promises and accept other altos subject to Buyaes right b waive or remove the following contingencies. Arty waiver or removal of any contingency as i set fOM in. Pardgraptt e5 will be a wplwr or removal of all contingencies In Paragraph 05. le) ❑ Cbesg o1 n a on or before n / n get0d w �, n a Upon waive ar`rMovat of this contingency Buyer warrants that adequate funds needed to close will be available and that Buyer's ability to obtain financing is not Conditioned upon Date �dtdlor dost of arty property. n / a (b) ❑ OMK (tear •If THIS EMWIS SUBJECT TO Battles right to continue to market the premises and accept other offers as specified in Paragraph 85, Seller shall have the right to ccwWroA r the heroin promises for sur and to accept of s until such lime as "fit confingencies have been waived or removed by Buyer. Should Seller receive another' -ski o purchase. Seger shag gide Bhyeitacetendar days written notice of such aver. In the event the Buyer does not waive or remove the w* tag within the set calendar days noted above, than this Agreement shag be terminated and all deposits relumed to Buyer 1088 expenses incurred to date Of the event the Buyer does waive or remove the contingencies, the Bulf9j shat proceed to purchase the premises under the remaining forma and conditions a this agraanwu notwithstanding that the forms of the new otter may be more or'leiffavorable. Notice shelf be considered given on the eadier of either personal delivery of notia o IM.&rysr lit lllNf.f,�prlteMWw a two rxukrdar days falowNg the defo a malerg evidenced by artllieatfon a the postmark on the erwebpe containing such notice. AS nollois"tie sent to to addresses shown an this agreement. 7. ITEMS SPECIFICALLY INCLUDED IN THIS SALE (f FHA / VA linancirg is sought see itemill 17 on w4me dde)SPe Addendum #1 If ti t6 10 2C 21 2i 22 24 2! 26 27 2E 2!- 3k 3; 3 3€ 39 40 41 42 C. 44 8. ITEMS SPECIFICALLY EXCLUDED IN THIS SA endu. K 9. COSTS PAID BY: Com in addWon to tlose tmd below may be incurred by'! yW and Seger. Unless otherwise agreed herein, or provided by law or required by 6. larder. Buyer shall purchase Settles reserve account if ban assumption. 6 Cost of larder or code repass not to exceed $ it /n 6; 10. CLOSING. 01�1 Q�rr oaten tte cb dap Buyer and Seger shall deposit with the dosing agency all funds and nelnaM(ts necessary b complete 6e sate. The clang date shall of bemWer(whMaV 1. 1Y94. 6: 11. POSSESSION. Byer chat be embed b poseesewn on dosing ❑ other 7( "Closing' militia IM dm on which all doanem are elder retarded or accepted by an escrow aged and the sole proceeds are avail" to Stater. Texas and water assessments 71 (wY� WI s assessment as a beds), rias. Interest and reserves, teres, o naanbraeces or a ligations asstmW and uffiilloo 90 bbneepro-ratad as a 7, G:%s ivn9 . Buyer shwa pay for fad n tank, amass o be determined by the se �snbe'r" n ,' 1 9 9 3 7: 12. ACCEPTANCE. Buyers offer R made subjea b the accepts a seller on or before 12.00 o'dodk midagfd of NOV 7:. If SNar does ria accept the agreement oft the Ina specified, tine entire Earned Money shelf be refunded to Buyer on demand. 7: 1.3. TIME IS OF p�TH R EME A uel�A € -BSh�$ eMLsr 1111 ppgq�n�y Coldee i Ban:cer Aapetr 1111 7. Or. Cla n srlIr'"11t:�R . �L i)Z�T�''MLsa 7E Buyer Buyers Address 4 71 Buyers Phone: Residence Business ac See a Ad nduln(e). E3 See attached Counter Offer(s) a: On uta dm, tale hereby approve and accept the gale set IoM n the above agreement and agree to carry our as the fomes Iheraa on the pad age Seger. e, VWe dp0 a CxPY a>gree�meM signed by both parties. 85 Soler L= i� •�'e rata: Phone: Res: Work:- -Date— ork: —Datecoy State -Zip- p at= Seller• t�wa.na Sa10r's Address: &, seller r.ha�.rh.w Dal- Cty State Zip a . A trio copy of 1114 b►eeosg agrwmara signed by to Seller andcontaining to hull and complete legal description 011110 prendses. is hereby received on this lir day ,r ,19 6 Beer.. - Buyer. ❑ Yeses No. Purc awes Extended Coverage Title Policy requested. Additional premam paid try . See item r 20 on reverse side. 6E. f requested by tender at otMmrhe stated herein. the below costs will be paid as indicated. COON Loot Wit hff*bw eL Cob kmpKL underor cowedsndkr Tex g ImpTwm eve[ 1 !;P i. s Faeroes Paid By Appraisal Assumpt. leaped. 6eWk t RWAW Code DOOM" IMIM PM Servbe Fees C1 > BUYER WA X X X 7, X' SELLER .alis aWEtaWLT X Cost of larder or code repass not to exceed $ it /n 6; 10. CLOSING. 01�1 Q�rr oaten tte cb dap Buyer and Seger shall deposit with the dosing agency all funds and nelnaM(ts necessary b complete 6e sate. The clang date shall of bemWer(whMaV 1. 1Y94. 6: 11. POSSESSION. Byer chat be embed b poseesewn on dosing ❑ other 7( "Closing' militia IM dm on which all doanem are elder retarded or accepted by an escrow aged and the sole proceeds are avail" to Stater. Texas and water assessments 71 (wY� WI s assessment as a beds), rias. Interest and reserves, teres, o naanbraeces or a ligations asstmW and uffiilloo 90 bbneepro-ratad as a 7, G:%s ivn9 . Buyer shwa pay for fad n tank, amass o be determined by the se �snbe'r" n ,' 1 9 9 3 7: 12. ACCEPTANCE. Buyers offer R made subjea b the accepts a seller on or before 12.00 o'dodk midagfd of NOV 7:. If SNar does ria accept the agreement oft the Ina specified, tine entire Earned Money shelf be refunded to Buyer on demand. 7: 1.3. TIME IS OF p�TH R EME A uel�A € -BSh�$ eMLsr 1111 ppgq�n�y Coldee i Ban:cer Aapetr 1111 7. Or. Cla n srlIr'"11t:�R . �L i)Z�T�''MLsa 7E Buyer Buyers Address 4 71 Buyers Phone: Residence Business ac See a Ad nduln(e). E3 See attached Counter Offer(s) a: On uta dm, tale hereby approve and accept the gale set IoM n the above agreement and agree to carry our as the fomes Iheraa on the pad age Seger. e, VWe dp0 a CxPY a>gree�meM signed by both parties. 85 Soler L= i� •�'e rata: Phone: Res: Work:- -Date— ork: —Datecoy State -Zip- p at= Seller• t�wa.na Sa10r's Address: &, seller r.ha�.rh.w Dal- Cty State Zip a . A trio copy of 1114 b►eeosg agrwmara signed by to Seller andcontaining to hull and complete legal description 011110 prendses. is hereby received on this lir day ,r ,19 6 Beer.. - Buyer. BEFORE SIGNING. IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE SIGNING. This is'an ADDENDUM to the Real Estate Purchond Sale Agreement and Receipt for • Earnest Money Dated: November 4 , 19 9_ IDN 237239 ADDRESS: IR75 natirk Use Mar4d1lan BUYER (S) Avenue One' and/or Aslianees SELLER (S) Leonard and Nadine Aschenbrenner. The undersigned Parties hereby agree as follows: F Thin Agromment is ennt{nx n {pon• 1) R gCRr ebta ningzoningfor intended uve of -tile y0ooerty. 2) Approval of sewer and water to site. 3) Obtaining Development financing. 4) Amuxation into Meridian City Limits. 5) Preliminary Engineering Plat It •___ — i__1..2__ ..11 att,,..1.n.1 t., 1-1 - (-i-p- atrueturea. sub structures, — 3 4 s 8 7 6 13 14 1s 16 17 $� Rwenrdatinn of final Plat. 1s S R1 y ar hna the right of inigrezti and agretis forlinginecaing and testing purpd8e0. 19 10) $ggaLagreeA to s Ay fnr T.aymt 1 1PA tQ6t ttg - 20 ndremove from property at 25 Waris expense. 161 ]Super to agree to ggrtic Date 1031 exchani•e 26 17) Upon nepaptanea of this agreement by all parties $5,000.00 note to be replaced27 sigh and told 4n C.B. trust account. Upon acceRtabie Level 1 EPA testing 28 (nn nr hefnre MAretr 11. 1994) $5,000.()1) t0 his released to seller and will be non -a nnn refnndahlis- 30 The herein agree nt, pon its execution by both partios, is made an integral part of the aforementioned Agreement. BUYER• �• ��v:<irx.•.CL'ER BUYER SELLER DATED: TIME:1 Y ' 00 DATED: ❑ A.M. &/M.1 TIME: ❑ A.M. ❑ P.M. 31 32 33 34 36 36 37 36 39 40 41 42 43 44 4s 46 This form is printed and distributed by the Ada County Association of REALTORS' . This form has been designed for and is provided only for use by rest estate 47 professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS" . Use by any other person is 48 prohibited. (D CopyrigN Ada County Association of REALTORS All rights reserved 1991 19l A 0 C O M M I T M E N T ORDER NUMBER: ST -94046271 KS EFFECTIVE DATE: DECEMBER 30, 1993 Is S C H E D U L E at 7:30 a.m. I. Policy or policies to be issued: A. ALTA Owner's Policy, (10-17-92) Amount of Insurance: Rate: Proposed Insured: AVENUE ONE B. ALTA Loan Policy, (10-17-92) Amount of Insurance: Rate: Proposed Insured: None Other coverages and/or charges: NONE A 800,000.00 2,315.00 In the event this transaction fails to Close and this Commitment is cancelled, a Cancellation fee in the amount of $100.00, will be charged to comply with the State Insurance Regulations. 2. The estate or interest in the land described or referred to in the Commitment and covered herein is: FEE SIMPLE 3. Title is at the effective date vested in: LEONARD A. ASCHENBRENNER and FREDA NADINE ASCHENBRENNER, husband and wife 4. The land referred to in this commitment is in the State of IDAHO, County of ADA, and is described as follows: Lot 2 in Section 3, Township 3 North, Range 1 West, of the Boise Meridian, in Ada County, Idaho, EXCEPT that portion thereof deeded to the Boise valley Traction Company. Purported Address: -1- Commitment Schedule A CONTINUATION OF C.-d1TZ14ENT SCHEDULE B - SECT' 2 Order No.: ST -94046271 KS 10. Right-of-way for Rutledge Drain and the Rights of Access thereto for Maintenance of said drain. 11. Ditch, Road and Public Utility Easements as the same may exist over said premises. 12. Lease, and the Terms and Conditions thereof: Lessor LEONARD A. ASCHENBRENNER AND FREDA NADINE ASCHENBRENNER, HUSBAND AND WIFE Lessee STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION Recorded MAY 14, 1976 Instrument No. 7618369 13. Easement, and the Terms and Conditions thereof: In Favor of IDAHO POWER COMPANY Purpose POWER LINE EASEMENT Recorded JUNE 1, 1982 Instrument No. 8223123 14. License Agreement, and the Terms and Conditions contained therein: Between NAMPA & MERIDIAN IRRIGATION DISTRICT and LEONARD ASCHENBRENNER AND NADINE ASCHENBRENNER, HUSBAND AND WIFE Recorded JULY 15, 1983 Instrument No. 8335665 Purpose ALTER OR MODIFY SAID DITCH OR CANAL, OR TO CHANGE THE LOCATION OF SAID DITCH OR CANAL IN ITS COURSE ACROSS THE LANDS 15. Easement, and the Terms and Conditions thereof: In Favor of NAMPA & MERIDIAN IRRIGATION DISTRICT Purpose IRRIGATION DISTRICT PURPOSES, MAINTENANCE AND REPAIR OF RUTLEDGE DRAIN Recorded JULY 15, 1983 Instrument No. 8335665 16. UNRECORDED LEASEHOLDS, IF ANY, AND THE RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS IN PERSONAL PROPERTY OF TENANTS TO REMOVE SAID PERSONAL PROPERTY AT THE EXPIRATION OF THE TERM. 17. Right-of-way for BOISE VALLEY RAILWAY CO. as set for various document of record. END OF SCHEDULE B -SECTION 2 -2- Commitment Schedule 8 - Section 2 11;11141 1,10%% r ('{ III mIIV flag I,1NIi 1 AM-MUNT 601 yHJ ______I.Csinlirsl.9shsnGrwinlRr _ .,,rl NaJinC Ashonl+rwtn/l hp+ �ik. Lir tllult•l of Atho _ 1 .•uol, 24.1...1 1441%U 14. h. lrl,r 111%I1t1 i91111k1111411-ANY. ..00sloo-r-oto-m .111. d• {•411.11.4 .,Ilae haal..l ut 13dM I,L.M. lilm-1. ILL+. it* lip rn..r,+ a ,.n.. and r +Rt++ t "Al , Int 41m. (A•il+l :url ljrr %alism 4. air Pnn tt, u/ t .4rrbr •wkr-wWg.,d rl hi .d v . .� nM�N nl !h.• la.n ,+�r r..nttptlral r ntliaa. t u.l, n.m t•. wit allrtat. wl. ttw{ry ltnp 141"1 t t. nw-al .d the .."IN lo,n.u.n.t ,n. di.lr+lwli.l+ ..Irl letrld,..l{r h and utru+tr a fit+tN4r.. AWN-htrt to (rdrr „t *IM -1 •4l• rats, lopruser with Ru)+. .r.....ltm+ / of r slier and I idelt"I eWultmrel the#"$$. atri a{M,urienatw r,, wil� the tight to prrinit the al/:r hmeal of the wih+ am (nt�l s td .Ahrt +rlm- Pairipp or post", over. .N1 uud :w"tu.. IM I.4k,a��l"A� pltrotws. 1.l.'"Cuug to the --WI t$attlotlst got r, IiWpl), 411.490 of .-- .3.ttS2S 2, , ._. ._. . la ilw (oll.,aws lafalpa. law•11 A strip of land i0 feet wide and being 5 fent on each s.i4a of a centerline lying within the NWVW4 of Section 3, TA. R1W, 8.1/., the. centRrline of which is more particularly described as followq: Caimlencing at the North Quarter corner of above Section 1: thence Sash a distance of Sto fent, more or lessi thence South a distance of 7S feet to the Real ;Dint of Baginningl thnace South a disto#jce of 75 heel. � AMR IUI,W &Kwm ,11' "i . Lt.w ,. r altln ^R+ sTATIR of I Callmiq al -�... 1W dpi ei Ara To Its 441 fltt 111pt _._?�4�.. dpr ••1 Q24 LV . 7 411, ZkwA :} 0 a Noon P*Aw. prt.vmyltlr aw,ratWl —1►�. 7t.tlj iilL-^!!�_ .>�+�+.i� !� ami T L+rwp W tttr lu he list i•rt+.nirl who rr,eAyt,d Air &-cera M 1prl 1t�rl.pr lt�„wtls.ltltrl /4 t*. Ih.,l S �ji�, rsn M{r.1 ,11M ...NN Ilrrlr r1N1 +ul Ili /:N . pr1 pogmwm N�AtMW��t � , t ol.lyf i'tthia•. Xr iitnlaR U13M it � fir" `" " THIS DOCUMEM&PY IS FURNISHED AS AN ACCOMMODATION. THE COMPANY MAKES NO REPRESENTATIONS AS TO ITS EFFECT, t SUFFICIENCY, COMPLETENESS OR ANY OTHER 1101 2;11 I'(111' 1.14 I. A-, 1 "Issl All Iv 1 `�'- `' • 11:: 1 • • THIS DOCUMENT COPY IS FURNISHED AS AN ACCOMMODATION. THE COMPANY MAKES NO REPRESENTATIONS AS SUFFICIENCY, COMPLETENESS OR ANYEOTHER MATTERS THAT MIGHT BE REFERRED TO OR • uluanro /T AND t.0 """"' "' IMPLIED THEREIN. SHOULD YOU HAVE QUESTIONS 1>7ANOARp CIL ya 10 CAUfURNll1 REGARDING ITS EFFECTOR IMPACT, YOU SHOULD CONSULT INDEPENDENT LEGAL COUNSEL. ~ 9100,111110001 • 0 lot 1441 tw+,xAletltl0. Gu11VeM1A •alio OIL, GAS ANU MINERAL LIMI ISHORT FORM) THIS OIL, GAS ANTI MINI IKAI. LkASL ISIIUN r pOilbl) node Rad eahsnd bNu Uuo �°' ., day of _ .,,MatrIh..._. 1916 . by end belweoln ._. _ _ __.. TTIL U V 1ERS IGNBD llsninsfla CW164 "Lrswr," ani 1rAND W) kPL UUMPANY UN CAtJFWIA, o cw11014ti m• Iwnuuftal card "lane4; wlTNea�tTll: 1. That Luaw, fug valuoblo cunsidsrNwn, leceipl of wAlds is �MN►y ock"WIA40d, oad in aatmisnttoa Of the covenaiMs and agll4�rc«vlu aoatalrwJ in that artsln oil. gist and Minual lww rdanN MI te p+a/apd 3 bduw, hu raitted,lat And lxwd.0.1 by thaw pnante dais grant. Mt and Iar, axcluuvoy Unto Uwe lha IMd /IlopAy hat* all" desutbed fw tl» puPl+w of exl/truy and pruspe.%Ing for and prod"A uJ, gas, all uth4r hydlucarbwsa. AW IN Otho "Amok WAedwr rimilm of 4WAM Mt. IMtalWAac ooWctively refund to ss "uId substanc4i', taking. strlting. jaawt1i11S twd db/oMa{ of sold substance. gad woe and ptt"s "jantal thentu, as I runded in said Od. Gas And Mum 1l Low. 7U pf "Ify awed by"law. keradadlac 101*Md to 0 *Wd Ad , !tate of I log.... sad b daerAW a ftliows: land," is situate In the County air __r _.—+.�--- Lot 2 in Section 3, Township 3 Iro"O, Ranee 1 Beat of t1" Bolas Meridian, 1n Ada County. Idaho, igQCBPT that portion thefDsof dseds6 to the Boise Va11ey Traction CoollpMlya r; a and c.mtalning eels, 1116044 ut Mu 7. Thb Mas dtsli rrmnrn its 1.,144 fill • Isrol tof tea l IU► yaanl 1100 tM rh/4 holouf sad allwr At palsMer4afm ea any of said p,hatauaa M pruJlvu•.1, hum sal fu1J ail ysyu�a gl,aaullN w w kMy1M ROaII^� upenlswlo us conducted alo salt 4tad ng»bag a thu Wee to kept in (torts unJ.l Any What 1aa.IWln ail wild oil. Cas afid k{tnatol Lar. AN as 111611 uially wt %Ith theme and Olt i. la terrnnlalion at I►ureln p tavoJe 1. 1. I W4 off. Gout slid Mfr ##&I1 4a44 1 ♦h.,,I l.0 tell a made UFO* 04 lanaicuananu sad ,.N,Jua+u► rt (cath to tW1 uutaia Ud. (iaa told Mtnsral 14+40 Imannit eta'• J41•1 hslswlih by And belweea IlA "Id P414ta hrrotu, HWelutr IIm real limp4rly above dealbod, wall 4W, Gas 014 (Atnttal 1, ad I by lh,a 1+1010nc4 Inowpwaabsd Wain and male s pail Ml..d Of all ra/wU a th011gh dN "I" welt fully rt hath k4lsul a 'Ibis (.saw and all it, Cerus. 1-4,141 .n -i and .I1puLuuus"extend to and be bs iJu,a .span Ilse hal". sxaaxllutl. ►ittutur tlal.K.. aucpsrm +uJ •►utpn /1 the yal I.ca hu. W I': Wlihl•1'1 Will -Ni., I • the pallid.1,41eb, hate "0444 tAloagreet"111 to M July a"of"I Jail dM dais rust hsrdnabaae rr111411 11Ati1M/U)uU IrNlpl►A}YIIt' 1A11111Nv1A ({{, Ci ft._•�r4..at.e._.-�ssc,,-- 1 N' at� Arl.h�.�h, slow. • / (11Afh71/1C �aclaNllllp halalllai! (Lv u I IA'd 1 , l 1�IIN 0 0 "(;.; 11115 >l<•:'ATF 111' 1 DAHO Cwhilly 111 ADA ` ►t (In this 211th star .I MARCH ) . A 1111916 1 1`914 ally .p►IMt"' Idolf tlw. a Notary 1'uLhr. In And fllr asd 1'alnty, LEONARD A. ASCHEN1111,1ydill/ and YIIEDA NADINE ASCIIENMLNNIIA Ists "Imil Ia a►►II w1.1 eMeYt� t11e 1u1r»`Itty Instruma+l, who tteMhoaladptl to me karwn to me la he Ilse p►xs1/1b� tllelan raMtMoltal. tkot t Ae y Baer ed It. Ntnte /eely t►I►tl ►I1luntartl y I►td Mil tIM tws MMt i�rP""` lj, �� ✓� � it a e , ff?rl��' Notary Public�ti:4/1 of .ii AI►a ' � ()it�neliur S [ity apMr► sept 12 1916 1 J 11,11/ Irl 1's4ll+nls 1 r Ilt► slyd Clwllty III aan IuIII 4U.- ) on Mfaa it", IM ualls1/1r1Mtt a N1Ne1y MubMtl In stnl tur r1J CuI and Iualy atd Stats. growling IlNletty;;W AnitNwlMMt1 mW iwrrs. P»tr."Iy grMed CbM Gbyft ►n.nva to etl Iu M an A%twnr► It- Fat1 Irl 31 %NIIAMl1 uIL.0 folly cw CAI IFUI MA all t•tl/plMMtllr tbUS" M Will tight uratullJ IM 0611tta Insllultgnl Owl dwl ttttl.►a to 111/ to M Il11'i1Nt11 I'll trtnwq� M tla bell ul 11111 NW I1.tln+sthln tMtrlu 11,11nd seJ Lr btrnrlslaJ�ln1 L/ nr N/N Mitt C11t1/tMi1MM �rItY1�t11IN traw IN WIINI AS wilt Itl Of. I hart 1+4114un1.l Wl tuy Mr14 OW j"llitM1 t.ty v(il►bl Seal, Ibe oay t1M1 yat M 1bb' uvh(wllt stMl.e wlit'r� •'7 PAUXIA L. MC*45 Ntit\1R\\\�II.V�M\lt�r�6\ Ijltlal► N146 NI &W I•/ 64/I:1 11) mij �a,� Olrllt�l 11 a1 CuuM)tot f6p, IsMlt.d,%IA,4.rf lswt.It ala I + Y a •. FEB -24-1994 1,00 r 16-13 FROM Cjj OF MERIDIAN . 73178. 29M BASFIWW. TO • 3367391 P.01 TUTS INDEMRS, made this /"� day oivary 191 , betwaaen '. Leonard A. Anchunbremacr,and Freda Nadine Asehenbreondr, ae parties of the Se freer part, and hereinafter called the Grantors, and tho city of Hurialan, atate: of Idaho, a municipal corporation. -the party of the second part, and hereinafter called the -Grantee; •Shr + " WITIWS a WURSAB, the Grobtors desire to provide a sanitary sewer right-af-'xmy aurora, ?� the promises and property hereinafter psreiwiarly bounAed sad desaelbPA; and WBRUAB, the sahtitary sayer Is to be provided for throufh an under round elite to ba Dons eted. t� pP tea by I.eavit Nuls4f,f ic; sad .M V"MW,' it will be uedassavy to inalutain and service, said pipeliaa Pram bine to time by Chs 0tantat; NOW, TMUMPORE,'in consideration of the benefits, to be received by the .. '` Grantors, •wad for the aum of Ten Dollars (8.0.00) snd other mod and valuable . totWiderat£onp the Grantors do hereby give, grant abd *covey udto the Grantee ,;.• and/or Leavitt NuPaciflo the right-ot-way for an aas¢ment fvx• the co,ssasnoeivn, �• : operation and maintsaanto of 'a sanitary savor tine oyer and across the following described property: too attachOW legial description entitled "Description for 2U ]foot #ermanent Sanitary Sewas'Basement - Leonard A. & Prada Vadina ' Aschanbraui*v (Cherry Lana Village•tztension•Leavitt)" n The easement hereby granted is for the purpose of construction of a sanitary sewer Lina and allied facilities by Leavitt RuPaeific, together with their operation, maintenance, repair, sad repl4cemeat at the convenience of the Grantee, with the free riabt of access to such facilities at any and all t1m,es.'' µY TO UVB AND TO BOLD, the said easement and right•of-way unto the said Grantee, Us succesaoso and assigns forever. L ' IT 13 ECMSSLY tT10DWTOOD WM ACV=, by and betvr en the parties' hereto that Leavitt Waeiftc will tizely eomplate the work, of laying the sanitary +' sewer line Chid restore the ptemi6sv wood therefore to a condition eompar#b7w k' with that existing prior to exeraisinS this "sa=int; that in staking future repairs the Grantee will expediently replace and restore the promises to a eond{tion comparable to that existent prior to undertaking such repairs and ,. replaeemenxs. THE CRMT0?J hereby covenant and agree that they will not place or allow to be placed any p*rmauent mtruetureo on the area •doaetTibed for this easetaent which would interfere with the use of :Rid dsscxiba¢ easement for the purposes stated herein. IT lS IrURTIMR AGUZD that the Grantors do hareby give and &rant to the Grantee and/or Leavitt NuPaeifie'tha sight to use do' -ring the initial construction an additional serip'of land described as follows; see attached description entitled "2-20 Foot Teiporary construction Basea►ehtts'p IT IS UNDMT000 that this strip of land donerihad in the pioceeding paragraph is for the purpose of constructing the said sanitary sewer lire herein described, the *me to expire when the initial construction is com- pleted, .,h Postwlt'l' brand fax transmittal memo 787.1 s wee+TO ► 'From Dept. wx a rf �ff'',t `4 16:13 FROM CITY OF MERIDIAN _ �... TO 3367391 P.02 IT Id tWDjCVMtOb a ` eonditio� 90" ..ra � � that the Create* will rastoro slid strip to a p iiia to that Vteistent prior to th# ondortAking of tba caoatrnctjen of sue4.sanitary suusr line.. • . Tho Grantors do" hereby eavanant with the Greater that they have lai►fully sataed and'possossed Of the aferementsoned and deacritied tract vt laud, and that they have o good and lawful will w►arratst and forever defend the titla gad quiet possession thereof, right to eomrey nerd eaaotnant, and that. they against the lawful clm= of all persons Whomsoever. IN WITNISS WHERROV, the said Grantors and Developer herruuto subscrAW their ut;natures the day 4gvA year first herainabove smitten. •Grantaroi �•aonard A. Aschsabs�gnes r � Fred* X,adlae Asch brannar UATE CFO IDAHO) County of Ada sea this 6 signed ttpx� i•,,�y o �n� -- in the year 19Z, befora me the und to uid slate," stmcally `appeared 1 known to taa.tai be the paxsoaa whose names ava sv aC*ib to the faragoit� :Ltmtr2mWt, and acknowledged to ms that they Agented the as=. 'iW 11iTNIGSs WHIREW, I have hereunto` sat"say hand and affixed m7, official seal the dry and year first abow arttten. 1'tt lic,',�or Who siding at ' , Idaho �` cti 177ri lei • 14 F-KUM CITY OF MERIDIAN TO - 3367391 P.03 r.J U ENGINEER6, INC 03 F►anklln Road . solve, Idaho 0370e Project: 7543-19 Date: December 5, 1978 DESCRIPTION FOR 20 FOOT PER'MANE'NT SANITARY SEATER EASEMENT LxMUM A. & FREDA NADINE ASOHBNBRENNER (CBBRRY LANE VILLAGE OEM >:RTEN$10K - UMVITT) A PORTION OF THE GOVERNMENT LOT 2 NE 1/4, SECTION 3, T.3N., R.1W., B.M.e ADA COUN Y o IDAHO A strip of land 20'feet in width lying 10.00 feet Westerly of and 10.00 feet Easterly of and adjacent to the folluvrA s drsucribed line Lying fn'Governmetnt Lot 2 of the NE 1/4 of Section 3, T.3N., R.1W., B.M., Ada County, Idahot Beginning at the Northveest corner of the said GoVerameeut Lot 2 of the NE 1./4 of Section 3; thence South 89°06'36" East 1,190.42 feet along the: Northerly boundary of the said Govertsmenit Lot 2 of the N8 1/4 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence South 0053t24f"'West 293:46 feet to a point; thence South 23°00'53" West 254.37 fe►et'ta a potit; thence South 0°26''04" West 326.25 feet 81048 a line Westerly of and parallel to the Easterly boundary of the said Goverameat Lot 2 'of the NS 1/4 of Section 3 to a point; thence South 14045100" East 394.13 feet to a':point,, thence South 00581'0011 West 132.15 feat rca eq rolnt on the Southerly boundary of the said Government Lot 2 of the NE 1/4 of Suction -.3, also said point marking the point of on4ing of the above described permanent sanitary sewer easement, ALSO: 2-20 i00T TLMI'O ARY CONSTRUCTXON •EASINXXTS A strip of land 20.00 feet in width lying 90.00 feet. Easterly of and Westerly of and adjacent to the above descrlbdd permanent xani,tar)r newer enaament. Ada County, Ideft 3S. Roquaat of Tt .2. /a M. DATE 1-14-77 JOHN BASMOA Q�RECORDER By to Deputy Prepared bps J-17-3 ENt3Ii� Gary L. Ro,denpsiel, L.S. NOTE: The survey data for the above written description was compiled from calculated data and not fram an actual field survey. EWW/JDW:cc TOTAL P.03 AFFIDAVIT OF COMPLIANCE jry 28 1994 cityof M'e fan. Idaho Attenit on: herry Stiles, Planning Director I and ' the necessity of and commit the posting of the Dakota Ridge Subdivision site bystip - S, 1944, which is seven (7) days prior to the public hearing before the Meridian I'lann#ig zoning commission. Mike �hrem i STATE OF Count',y of ! On this Publi-, in u to me. to be IN W1 day so RoyiiErtssnQ Associates, P.A. SSS _ day of rE?5�.L, 1994, before m she undersigned, a Notary I for the Stag personally appeared k known he perwn whose name is subscribed to the foregoing instrument dnd d to me that he executed the same. S WHEREOF, I have hereunto set my hand and affixed my official seal the in thy' r .este first above written. Idaho `3 4 T. U. E . Febmai y Is 1994 City of Mehoian Attn: Sherry Stili we Andy County of � On this for the said �eZ subscribed SAM -tN w1TNE day and YM Rain— igi ,Residing 4w (.*00 S'Iwre OF County ort 10:42 AVENUE O N E WHITE P I G K E P.02 t Alumittion and zone change for Dakota Ridge Estates. Ue One Leonard A. Aschenbrenner DAHO) !a }SS Nadine Aschepbrenner „day of Febntiary, 144, before mc:, t , u t+rsigrk+ct, a Nntary Ptthlic, in and tate, personally appeared Zeooa rd seh�ernerand known to me to be the personwhose name is the foregoing insttvment and acknowledged to me t6 he executed the I have hemnto set my hand and affixed my official seal the Rte first above written. Angeles) SS Idaho On this day of Febtmary, 1494, before me, the undersigned, a Natag Pu lie, in And fvr the said taste, personally appeared K t2�a . g t me to be the person hose name is A bscribed to the foregoing i�ru t and �acknou+ledged to me that he executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seat the day. a 'n this cervi to fi bove written. -lsry Pub ' -fbr California Residing At: t;.4Nv�e s California JF Comm -ml l rn N #' NOTA* �*M i Canal. E . Oa., 1991 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on April 12, 1994, for the purpose of reviewing and considering the Application of Avenue One, for annexation and zoning of approximately 41.57 acres of land located in the NW 1/4, NE 1/4 of Section 3, T. 3N, R. 1W, Boise -Meridian, Ada County, Idaho, and which property is generally located on 1/4 mile West of Ten Mile Road and Ustick road intersection. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 135 single family dwelling lots for Dakota Ridge Estates. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of March, 1994 WILLIAM G. BERG, JR., CITY CLERK • 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on June 7, 1994, for the purpose of reviewing and considering the Application of Avenue One, for annexation and zoning of approximately 41.57 acres of land located in the NW 1/4, NE 1/4 of Section 3, T. 3N, R. 1W, Boise -Meridian, Ada County, Idaho, and which property is generally located on 1/4 mile West of Ten Mile Road and Ustick road intersection. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 135 single family dwelling lots for Dakota Ridge Estates. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 16th day of May, 1994 WILLIAM G. BERG, JR., CITY CLERK • NYIQitI3iQ �i • 3S10H A377VA 3!178 •«• ••r •• «• « •• M ... • • \ 1= \ —/ZS�C i TER: •r' • r ' • ' ..-..:`� _+ •�. —� HUN twoID • Ol o W % ` It 00 i a30N/7 you ..W30Nf J rV ;660 M N N '"� N C4 mod .. • - .__.. ....... •O .. -.-: � � - • � cN � ° ' •� � IIS ... TERA r. O � _/ � i�iy ice' m;:. - m ,^ � • LATERAL ...... . .I��• ..... i1 N N u d rt 17 A31002/• r avoaa f �� rn `N ��'1 MERIDIAN CITY COUNCIL MEETING: JUNE 22 1999 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 2 REQUEST: DEVELOPMENT AGREEMENT FOR DAKOTA RIDGE ESTATES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED SIGNED AGREEMENT BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 1?FcEJvED DEVELOPMENT AGREEMENT JUN 1 1 1999 CITY OF MERIDIAN PARTIES: 1. City of Meridian 2. Steiner Development, L.LC. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and STEINER DEVELOPMENT, L.L.C., hereinafter called "DEVELOPER", whose address is 554 Bellevue Rod, Suite B, Atwater, California 95301. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner 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 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density Residential District (R-4), Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning S& 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 - 1 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 day of , 199_, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "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 annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Steiner Development, L.L.C, whose address is 554 E. Bellevue Rd., Suite B, Atwater, California 95301, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 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 Section 11-2-408 B 3. Meridian City Code which are herein specified as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where DEVELOPMENT AGREEMENT - 3 predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of the residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions, which conditions have been taken from the Findings of Fact and Conclusions of Law approved back in 1994, and which are attached hereto as Exhibit "B": 5.1.1 That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in DEVELOPMENT AGREEMENT - 4 need of land set -asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de - annexation and loss of City services, if the requirements of this paragraph are not met. 5.1.2 That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa &. Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning Director referenced herein, shall be met and addressed in a development agreement. 5.1.3 That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation and if not so tiled the property shall be subject to de - annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de -annexation. 5.1.4 The Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L; DEVELOPMENT AGREEMENT - 5 that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de - annexation and loss of City services, if the requirements of this paragraph are not met. 5.1.5 The house size representation of 1,500 square feet must be met. 5.1.6 That proper and adequate access to the property is available and will have to be maintained. 5.1.17That these conditions shall run with the land and bind the applicant and its assigns. 5.1.18 With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 5.1.19 That if these conditions of approval are not met that property shall be subject to de -annexation. 5.1.20Additional conditions are attached hereto as Exhibit "B" pertaining to the previous Development Agreement drawn up in 1997, and specifically Sections 1. through 18., and which conditions apply to this development and the new "Developer". 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT - 6 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "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. 9. DEFAULT: 9.1 In the event "Developer", "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. 9.2 A waiver by "City" of any default by "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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in DEVELOPMENT AGREEMENT - 7 connection with the annexation and 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. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "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. 12.2 In the event the performance of any covenant to be performed hereunder by either "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. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to DEVELOPMENT AGREEMENT - 8 insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City" 15. ABIDE BY ALL CITY ORDINANCES: That "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. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Steiner Development, L.L.C. 554 E. Bellevue Rd., Suite B Atwater, California 95301 16.1 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. DEVELOPMENT AGREEMENT - 9 17. 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. 18. 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. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "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 "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 DEVELOPMENT AGREEMENT - 10 their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public 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. 22. 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. DEVELOPMENT AGREEMENT - 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. :_ Attest: BY RESOLUTION NO. Attest: CITY CLERK BY RESOLUTION NO. 2 -fl ey/Z:\Work\M\Meridian 15360M\Dakota Plat\DevelopAgr DEVELOPMENT AGREEMENT - 12 Developer CITY OF MERIDIAN ROBERT D. CORRIE STATE OF IDAHO) :ss COUNTY OF ADA) On this day of , in the year 1999, before me, a Notary Public, personally appeared , known or identified to me to be the President and Secretary of said Steiner Corporation, L.L.C. and who executed the instrument and acknowledge to me that said Steiner Corporation, L.L.C. executed the same. (SEAT,) Notary Public for Idaho Commission expires: STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, 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) DEVELOPMENT AGREEMENT - 13 Notary Public for Idaho Commission expires: EXHIBIT A Legal Description Of Prop-erty DEVELOPMENT AGREEMENT - 14 Commencing at the northwest comer of Government Lot 2 (north 1/4 comer) of Section 3, T. 3N., R. 1W., B.M., thence S 0°27'37" W 25.00 feet to a point on the southerly right-of-way of Ustick Road, the REAL POINT OF BEGINNING of this description; Thence S 89°06'21" E 1,320.42 feet along said right-of-way to a point on the east line of said Government Lot 2; Thence S 0°26'04" W 1,342.08 feet to the southeast comer of said Government Lot 2; Thence N 89°01'50" W 771.04 feet along the south line of said lotto the southeast corner of a proposed school site: along the boundary of said proposed school site the following; Thence N 0°58'10" E 61.07 feet to a point; Thence N 0100100" E 347.57 feet to a point; Thence N 17°00'00" E 108.69 feet to a point; Thence N 0°53'39" E 254.00 feet to a point; Thence N 74°57'26" W 111.04 feet to a point; Thence N 47°00'00" W 339.34 feet to a point; Thence N 89°32'23" W 223.11 feet to a point on the west line of said Lot 2; Thence N 0°27'37" E 321.03 feet to the REAL POINT OF BEGINNING of this description, this proposed subdivision comprising 28.64 acres, more or less. EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY FOR DEVELOPMENT AGREEMENT EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Previous 1997 Development Agreement, with the conditions DEVELOPMENT AGREEMENT - 15 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION AVENUE ONE ANNEXATION AND ZONING A PORTION OF THE NW 1/4 NE 1/4, SECTION 3, T 3N., R. 1W., B,M. DAKOTA RIDGE ESTATES MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through David Roylance, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 12, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 41.57 acres in size; the property is west of Ten Mile Road on Ustick Road. 3. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-4 Residential type developi<<...,LI' tiat the Applicant states in his Subdivision application that the lots would be 8,000 square feet, that there would be 135 lots in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of home would be 1,500 square feet, that there would be 3.25 lots per acre, that there would only be single family homes, that all lots would be 8,000 square feet, and that sprinkling systems are -provided for. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is developed in the R-4, Residential fashion. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property, but the owners are Leonard A. Ashenbrenner and Nadine Ashenbrenner; that the Ashenbrenners have not submitted a request or consent to this Application for annexation and zoning. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present use of the property is for agriculture; that the intended development of the property is for an R-4 subdivision and the subdivision Application states the density would be approximately 3.25 dwelling units per acre. 10. The Applicant's representative addressed the questions of Gary Smith, City Engineer, and such responses are incorporated herein as if set forth in full as are the comments of Gary Smith. 11. That comments were received from the Meridian Police Department, Fire Department, Meridian School District, Ada County Street Name Committee, Central District Health Department, Nampa & Meridian Irrigation District, and Idaho Power Company; that there comments are incorporated herein as if set forth in full. 12. There were two people testifying at the hearing; Beverly McKay was concerned about the traffic on Ustick Road; Gary Johnson did not object but wanted it on the record that he has a family farm in the area and that from the farm there is dust and they apply sprays, which could be objectionable, and he just wanted the people to know that they did those types of things. 13. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 14. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 15. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 16. That the property can be physically serviced with City water and sewer. 17. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-^C^. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 18. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 19. That the Meridian Comprehensive Plan, under Land Use, Rural*Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 20. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 21. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: 111.1 The City of Meridian intends to provide for a wide uivei�ity of housing types (single-family, modular,mobile homes, multi -family, townhouses arrangements), "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 22. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 23. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 24. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 25. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighbonccod schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1.. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. he Commission and Planning and 'Zoning Commission shall consider the Bicycle -Pedestrian Design Manual for Ada Count (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 33. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirco—mnts set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, which is not the titled owner, and the annexation is not upon the initiation of the City of Meridian; that the annexation should be denied if the owner's request or consent to annexation and zoning is not filed with the City prior to the hearing before the City Planning and Zoning Commission. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Faller 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set - asides for future public service use, that a school site was not reserved; .that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and 'Loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning Director reference herein, shall be met and addressed in a develor:,_:-;,:-;1eeruent. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de -annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be require#d to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. 14. That the house size representation of 1,500 square feet must be met. 15. That proper and adequate access to the property is available and will have to be maintained. 16. I.at these conditions shall run with the Ia.nd and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de -annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Planning and Zoning Commission of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, -,per.ifically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property be de -annexed. MOTION : C14 APPROVED: DISAPPROVED: DEVELOPMENT AGREEMENT ICopy THIS AGREEMENT, made and entered into this day of , 19971 by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY', and Max A. Boesiaer. Inc. , and Idaho Corporation, party of the second part, hereinafter called the "DEVELOPER", whose address is 2447 S. Vista. Boise. Idaho 83705. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" ( r chMttached hereto and by this reference incorporated herein as if set forth in full; and /1 WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, an application for annexation and zoning of that certain property described in Exhibit "A" was submitted, requesting zoning of Low Density Residential District (R-=1) and the DEVELOPER has submitted a subdivision final plat for said property; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, a request was made to the CITY to have the same annexed to said CITY, or rezoned, and the DEVELOPER has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law, and. WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and 970210\devel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Pase 1 WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A": a. Submit a subdivision plat application of the property to the CITY to be approved by the CITY and recorded in the Ada County Recorder" office prior to any development. b. That the property zoned R-4 , described in "Exhibit A", shall have lot sizes of at least Eiaht Thousand ( 8.000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone and have no duplex units, townhouses, or patio homes constructed on said property. C. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat by the DEVELOPER and approved by the City, which is incorporated herein as if set forth in full herein. 3. That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" (Improvement Plans") showing all streets, utilities, pressurized irrigation facilities, fire hydrants, extensions of water lines to and along the exterior boundary of such property, landscaping, drainage, street and other similar signing and barricades, and other such improvements contemplated within the development, which Improvement Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. 4. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, 970210\devel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans as reviewed and approved by the CITY. DEVELOPER agrees that no Certificates of Occupancy will be issued for any building or use on a lot until all improvements have been installed, completed and accepted by the CITY for any phase. 5. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. 6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what improvements he intends to complete and the time schedule therefor; and. agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 7. That DEVELOPER will have "corrected" original drawings of the Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct 8. That DEVELOPER shall, immediately upon the completion of each of the two phases of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 9. That DEVELOPER agrees, that upon a Finding by the City Council, duly entered in the official minutes of the proceedings of the City Council. that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will, within a reasonable time as determined by the CITY, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the C-ATY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the actual costs paid or 970210\devel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First Security Bank of Idaho Qlus five percent (5.0%) until paid, said payment to be made in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the Finding set forth in this paragraph except at a regular or special meeting of the City Council, duly held, and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed Finding. 10. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such phase and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity including, but not limited to, the right of appeal to a court of appeal to a court of competent jurisdiction. 11. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. .In the event of such declaration, all sums due shall bear interest at the .prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 12. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement. to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation. the CITY may install such improvements and. without notice. foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the Statf of Idaho; provided fur,her that upon request of the DEVELOPER. the CITY will execute and deliver a partial release of the lien created herein against all or any portion of 97021 Mevel-aer DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 4 the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 13. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, .subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. 14. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Project Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building permit with respect to any lot within the property until the same is provided by the DEVELOPER. Said improvements shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. 16. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit `B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around construction areas to contain debris prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 17. That DEVELOPER agrees that those portions of the water main, as identified in Exhibit `B" hereto, including any water line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity 970210\devel-aer DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 5 and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 18. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; 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. 19. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: City &tgiMer C44r f - City of Meridian 33 East Idaho Meridian, ID 83642 With copy to: Wayne G. Crookston, Jr. P. . DEVELOPER: Max A. Boesiger. Inc. 2447 S. Vista Avenue Boise. Idaho 83705 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. The parties may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not. however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parties hereto. Nothing herein is intended. nor shall it be construed, as obligating a party to agree to any modification of this Agreement. 97021 Mevel-au DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 6 20. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 21. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. 22. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 23. That 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, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4, 1994. 970210\devel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 7 DATED the date, month and year first appearing. DEVELOPER: By Max A. Boesiger. Inc. Richard Boesiger CITY OF MERIDIAN: IIn Robert D. Come, Mayor William G. Berg, Jr., City Clerk 970210\devel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 8 STATE OF IDAHO ) ss. County of Ada) On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard Boesiser , known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss. County of Ada) Notary Public for Idaho Residing at: My Commission Expires: On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR.., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: 97021 Mevel-agr DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 9 EXHIBIT "A" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MAX. A. BOESIGER. INC. Commencing at the northwest comer of Government Lot 2 (north 1/4 comer) of Section 3, T. 3N., R. 1W., B.M., thence S 002737" W 25.00 feet to a point on the southerly right-of-way of Ustick Road, the REAL POINT OF BEGINNING of this description; Thence S 89°06'21" E 1,320.42 feet along said right-of-way to a point on the east line of said Government Lot 2; Thence S 0026'04" W 1,342.08 feet to the southeast corner of said Government Lot?; Thence N 89°01'50" W 771.04 feet along the south line of said lot to the southeast corner of a proposed school site: along the boundary of said proposed school site the following; Thence N 0058'10" E 61.07 feet to a point; Thence N 0°00'00" E 347.57 feet to a point; Thence N 17°00'00" E 108.69 feet to a point; Thence N 0°53'39" E 254.00 feet to a point; Thence N 74°57'26" W 111.04 feet to a point; Thence N 47°00'00" W 339.34 feet to a point.- Thence oint; Thence N 89°32'23" W 223.11 feet to a point on the west line of said Lot 2; Thence N 0027'37" E 321.03 feet to the REAL POINT OF BEGINNING of this description. this proposed subdivision comprising 28.64 acres, more or less. EXHIBIT "A" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MAX. A. BOESIGER, INC. This subdivision is for 90 Single -Family dwelling units with an overall density of 3.15 dwelling units per acre. The DEVELOPER shall: 1. DEVELOPER shall develop the property described in Exhibit "A" as a 90 lot Single Family Residential Development pursuant to § 11-9-607 of the Meridian Zoning and Department Ordinance. 2. DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereinafter "ACHD"), Central District Health Department and the Nampa -Meridian Irrigation District. 3. DEVELOPER covenants and agrees that, in connection with the development of the Subject Property as may be approved by the CITY pursuant to the Preliminary Plat Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and perform the following: a. Landscaping — Ustick Road. Construct a landscape strip within the Subject Property along the full length of the Subject Property adjacent to the south right- of-way line of Ustick Road ("Ustick Road Landscaping"), except for the driveway access. The Ustick Road Landscaping shall be a minimum of twenty feet (20') in width beyond required ACHD right-of-way. The Ustick Road Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by DEVELOPER and approved by the CITY. b. Sidewalk — Ustick Road. Prior to obtaining a building permit on. the Subject Property, deposit funds with the Ada County Highway District for construction of 1' a five-foot (5') concrete sidewalk or construct along the full length of the Subject Property adjacent to the north boundary of the Subject Property )"Ustick Road"). The Ustick Road Sidewalk shall be constructed in accordance with the standards and specifications of the Ada County Highway District (hereafter "ACHD") in effect at the time of construction. C. Dedication/Sale of Additional Richt-of-Wav — Ustick Road. Dedicate or sell land adjacent to the existing south right-of-way line of Ustick Road required to meet ACHD's requirement for a forty -five-foot (45') right-of-way from the _enterline of Ustick Road, including any necessary bike lanes. EXHIBIT "B" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 d. Internal Roads. Construct the internal roads through the Subject Property as shown on the final plat at the time of development of the Subject Property. The roads shall be in the location and of the dimensions shown on the approved plat and as approved by Ada County Highway District. e. Subdivision Plat(s). DEVELOPER shall timely prepare, submit. and obtain the required approval by the CITY of a subdivision plat for the Subject Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code. f. Plan Approvals. Timely submit and obtain the required approval by the City of all building plans, lighting plans, landscaping plans, and other plans relating to the development of the Subject Property in accordance with the Meridian City Ordinances. g. Compliance with ACHD Conditions of Approval. In the development of the Subject Property, comply with the terms and conditions of the approval by ACHD of the development of the Subject Property, as set forth in the ACHD Staff Report. In cases where ACHD's and the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. h. Canals. Ditches and Waterways. Tile all canals, ditches and other waterways on the Subject Property and submit evidence of appropriate approvals from the irrigation district and/or downstream water users. Water and Sewer Service. Connect all water and sewer facilities within the Subject Property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Subject Property shall be in accordance with plans and specifications therefor which shall be first approved by the CITY. Landscaping — General. Construct and install all landscape areas, as shown on plans to be submitted and approved by the CITY, with sod and sprinkler irrigation system. All shrubs and trees planted on the Subject Property will comply with the CITY's landscape requirements, unless otherwise expressly approved by the CITY. 4. Lighting. All lighting will be designed in accordance with Meridian Ordinance Section 2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of adjacent properties. as determined by the CITY, will be permitted. EXHIBIT "B" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 2 5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the DEVELOPER or the Dakota Ridge Home Owners Association. 6. Pressurized Irrigation. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation District/canal Company and downstream water users must be submitted to the City. 7. Fencing. Perimeter fencing (required prior to obtaining building permits). 8. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY. EXHIBIT "B" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 2 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MAX. A. BOESIGER. INC. This subdivision is for 90 Single -Family dwelling units with an overall density of 3.15 dwelling units per acre. The DEVELOPER shall: 1. DEVELOPER shall develop the property described in Exhibit "A" as a 90 lot Single Family Residential Development pursuant to §11-9-607 of the Meridian Zoning and Department Ordinance. 2. DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereinafter "ACRD"), Central District Health Department and the Nampa -Meridian Irrigation District. 3. DEVELOPER covenants and agrees that, in connection with the development of the Subject Property as may be approved by the CITY pursuant to the Preliminary Plat Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and perform the following: a. Landscanins — Ustick Road. Construct a landscape strip within the Subject Property along the full length of the Subject Property adjacent to the south right- of-way line of Ustick Road ("Ustick Road Landscaping"), except for the driveway access. The Ustick Road Landscaping shall be a minimum of twenty feet (20') in width beyond required ACHD right-of-way. The Ustick Road Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by DEVELOPER and approved by the CITY. b. Sidewalk — Ustick Road. Prior to obtaining a building permit on. the Subject Property, deposit funds with the Ada County Highway District for construction of a five-foot (5') concrete sidewalk or construct along the full length of the Subject Property adjacent to the north boundary of the Subject Property )"Ustick Road"). The Ustick Road Sidewalk shall be constructed in accordance with the standards and specifications of the Ada County Highway District (hereafter ` :ACHD") in effect at the time of construction. C. Dedication/Sale of Additional Right-of-Wav — Ustick Road. Dedicate or sell land adjacent to the existing south right-of-way line of Ustick Road required to meet ACHD's requirement for a forty -five-foot (45') right-of-way from the centerline of Ustick Road, including any necessary bike lanes. EXHIBIT "B" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 2 d. Internal Roads. Construct the internal roads through the Subject Property as shown on the final plat at the time of development of the Subject Property. The roads shall be in the location and of the dimensions shown on the approved plat and as approved by Ada County Highway District. e. Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of a subdivision plat for the Subject Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code. f. Plan ADDroya s. Timely submit and obtain the required approval by the City of all building plans, lighting plans, landscaping plans, and other plans relating to the development of the Subject Property in accordance with the Meridian City Ordinances. g. Compliance with ACHD Conditions of Approval. In the development of the Subject Property, comply with the terms and conditions of the approval by ACHD of the development of the Subject Property, as set forth in the ACHD Staff Report. In cases where ACHD's and the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. h. Canals. Ditches and Waterways. Tile all canals, ditches and other waterways on the Subject Property and submit evidence of appropriate approvals from the irrigation district and/or downstream water users. i. Water and Sewer Service. Connect all water and sewer facilities within the Subject Property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Subject Property shall be in accordance with plans and specifications therefor which shall be first approved by the CITY. Landscaping — General. Construct and install all landscape areas, as shown on plans to be submitted and approved by the CITY, with sod and sprinkler irrigation system. All shrubs and trees planted on the Subject Property will comply with the CITY's landscape requirements, unless otherwise expressly approved by the CITY. 4. Lighting. All lighting will be designed in accordance with Meridian Ordinance Section 2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of adjacent properties. as determined by the CITY, will be permitted. EXHIBIT "B" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 2 I/ 5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the DEVELOPER or the Dakota Ridge Home Owners Association. 6. Pressurized IrriLration. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation District/canal Company and downstream water users must be submitted to the City. 7. Fencine. Perimeter fencing (required prior to obtaining building permits). 8. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY. EXHIBIT "B" 970210 DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 2 RF;c,E-'-vrED J U N 14 1999 i n t e r o f f ice CITY OF MERIDIAN MEMORANDUM To: Mayor Robert D. Corrie, Co cif11 ` imp -w* From: Wm. F. Gigray, III Subject: DAKOTA RIDGE DEVELOPMENT A E ENT File No.: FP -99-008 Date: June 14, 1999 Mayor Corrie, Council and Will Berg: I am addressing the Dakota Ridge Development Agreement, as we received a letter from Stephen A. Bradbury dated May 28, 1999, a copy of which is attached, inquiring about the Development Agreement. I did follow up with a telephone discussion with Mr. Bradbury in which he indicated Shari Stiles directed that his client enter into the Development Agreement. This agreement dates back to the original Annexation and Zoning with Preliminary Plat for Dakota Ridge Estates, dated April 5, 1994, a copy of which is attached. Since our firm was not involved in the beginning process of this matter, I did obtain a copy of the 1997 Development Agreement with Max Boesiger, and made that Development Agreement part of Exhibit "B", pertaining to the conditions. Therefore, the new Development Agreement refers to and incorporates the Findings of Fact from 1994, the 1997 Development Agreement with the annexation and zoning conditions, with the attached Exhibit "B", for the conditions or special conditions. If you have any questions please advise. msg/ZAWork\M\Meridian 15360M\Dakota P1at\GtyHa11Memo061199 Jones . Gledhill . Hess . Andrews . Fuhrman Bradbury & Eiden, P.A. A T T 0 R N E Y S A T L A W r, -_17 - Stephen A. Bradbury May 28, 1999 Steve Rutherford MERIDIAN CITY ATTORNEY 200 E. Carlton Ave. Meridian, ID 83642 Re: Dakota Ridge Subdivision Dear Steve: This will confirm our telephone conversation of last week in which we discussed the development agreement for the above -referenced subdivision. It is my understanding that the City has determined that a development agreement is necessary in connection with the approval of the final plat of the above -referenced subdivision. It is my understanding that your office intends to prepare the required development agreement for consideration by the Meridian City Council at its June 15, 1999 meeting. During our conversation I inquired aoou i Lihe i 1C-GeSJIty for a development agreement. As you know, the requirement for a development agreement was first raised by the City several years ago when the property was annexed and zoned and the preliminary plat approved. A development agreement was prepared by the then developer, Avenue One, and submitted to the City. As I understand it, the City never executed that agreement and Avenue One never acquired the property. Later, in 1997 1 believe, another developer, Max A. Boesiger, Inc., obtained final plat approval for Phase 1 of the subdivision. At that time, another development agreement was submitted to the City and, apparently, not signed. P.O. Box 1097 ♦ 877 Main Street, Suite 500 ♦ Boise, Idaho 83 701 Phone (208) 331-1170 ♦ Fax (208) 331-1529 E -Mail Address: jg( idalaw.com Steve Rutherford May 28, 1999 Page 2 Since then, a third developer has acquired the property, Steiner Development, LLC, and has obtained final plat approval for Phase 2 of the two-phase project. Although neither of the two final plats are yet recorded, I understand both of the final plats have been approved by the City and are proceeding through the balance of the approval process. Under these circumstances, I am wondering what purpose a development agreement would serve. Notwithstanding that question, Steiner Development is willing to execute a deveioNrnent agreement if the City perceives some necessity for one. It is Steiner Development's desire to simply avoid any unnecessary delay. Once you have had an opportunity to consider the matter, please give me a call and let me know how the City intends to proceed. I will, of course, cooperate in any way I can. Very truly yours, L� Stephen A. Bradbury SAB:II cc Sandy Clay Doug Campbell Becky Bowcutt GRANT P. KINGSFORD 5 MAR 1994 Mayor NAMPA & MERIDIAN T�ON DISTRICT TRANSMITTAL TO AGENCIES FOR COMil�dE1y �:j'+�>� i"�='"ftBPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE. 4/12194 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 114 mile West of Ten Mile Road and Ustick road Intersection HUB OF TREASURE VALLEY JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MSERS �. rrOLSMA OFFICIALS A Good Place to Live ab WILLIAM G. BERG. JR.. City Clerk L GASS. City Treasurer RID— - + T CITY OF ME ''ll/��111nv) RINGTON RRIE . M JANICE GARY 0. SMITH, P.E. City Engineer )Ts CITY L' �. t •Syp,R15 BRUCE o. STUART, water works soot. 33 EAST IDAHO 0latft��dht)u tntstrator JOHN T. SHAWCROFT, Waste Water Suot. KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GOROON. Police Chief WAYNE G. CROOKSTON. JR.. Attorney Phone (208) 8883433 • FAX (208) 887-3813 r ,� � Public Works/Building Department (208) 887-22�F'� Chairman • Planning & Zoning GRANT P. KINGSFORD 5 MAR 1994 Mayor NAMPA & MERIDIAN T�ON DISTRICT TRANSMITTAL TO AGENCIES FOR COMil�dE1y �:j'+�>� i"�='"ftBPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE. 4/12194 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 114 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFiCE{PRELIM & FINAL PLAT) MOE ALIDJANI, P/Z ADA COUNTY HIGHWAY DISTRICT JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, PIZ CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, CIC SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) BOB CORRIE, CIC U.S. WEST(PRELIM 8, FINAL PLAT) WALT MORROW, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) Mk)(YERRINGTON, CIC OF RECLAMATION(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT u I HCl' Nampa &Meridian IrrlQat ion YOUR CONCISE REMARKS: P FIRE DEPARTMENT POLICE DEPARTMENT District's Rutledge Drain courses alone the southwest CITY ATTORNEY corner of the project The right-of-way of the Rutledge CITY ENGINEER Drain is 60 feet: 30 feet from the center each way. See CITY PLANNER Idaho Code 42 1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADV RSE POSSESSION The developer must contact John Anderson or Bill Henson at Z66 -n663 or 345 �4� I for approval before anv encroachment or change ot" r�vnt-�f-aav nt,rtir5. This District requires that a Land Use Chance/Site Developme*zt apni;� revie*a prior to final platting Contact Donna Moor at �� - IRii[nr 1r,h- RF, I Fnr tier information X11 laterals and waste caays musr he nrnrA�rPri _ �11tni r n^ 1 a„rrar_o Drainage must be retained on site If anv surfaces draipagPr laavas rho c ro vamn❑ typ.r-d� -n Irrigation District must review draina;P mans Tr ic rpr•nrnmP,+, ed rti^* ""'•^-�t'Bii water be made available to all developments within Nampa & Meridian Irrigation District. ** TX CONFIRMATION REPORT ** AS OF JUL 06 199 08:56 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01 07/06 08:51 3311529 EC --S 04'59" 016 065 ---------------------------------------------------------------------------------------- OK HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 834-4264 T N CITY OF MERIDIA COLneil Mem herc \ PUBLIC WORKS CHARLES ROUNTREE33 EAST IDAHO BUILDING DEPARTMENT (208) 887•2211 GLENN BENTLEY MERIDIGIN, IDAHO 83642 RON ANDERSON Phone (208) 888433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 83a•3533 FACSIMILE COVER SHEET s� FAX NUMBER: ✓ ,� l - / DATE: TO: J�,e (fie- A-. TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): l� FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME: A11w 13eh TITLE/DEPARTMENT; COMMENTS: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ** TX CONFIRMATION REPORT ** AS OF JUL 06 199 09:05 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 02 07/06 09:00 3311529 EC --S 04'33" 015 067 ----------------------------------------------------------------------------------------- OK NUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEP,ARTbIENI' C�aun 1�1 Members CITY OF MERIDIAN (208) 884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, MDAHO 83642 (208) 887.2211 RON ANDERSON Phone (208) 8884433 • Fax (208) 8874813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (203) 884-5533 FACSIMILE COVER SHEET FAX NUMBER: l _ DATE: TO: 9f 2ye- - TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): (C4G 15 - FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME:- TITLE/DEPARTMENT- COMMENTS: AME:T1TLE/DEPARTMENT-COMMENTS: /6 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ** TX CONFIRMATION REPORT ** AS OF JUL 06 199 09:26 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD#t STATUS 03 07/06 09:20 3311529 EC --S 06'04" 017 069 ----------------------------------------------------------------------------------------- OK HUB OF TREASURE VALLEY Mayor ROBERT D. CORRm A Good Place to Live LEGAL DEPARTMENT M CITY OF MERIDIAN (208) 384-4264 Council -mbers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 1208) 887.2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)584-5533 FACSIMILE COVER SHEET FAX NUMBER: 3.3 /- / DATE: TO: Jfeye- A. TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 7 FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME: /A 6j 13.ems-°J TITLE/DEPARTMENT; COMMENTS: Jd /6e Z PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD FACSIMILE COVER SHEET LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 FAX NUMBER: ( �Z DATE: TO. J74eve— TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 7 FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME: iW/ l l 13-e -�- TITLE/DEPARTMENT; COMMENTS: 6 4a 14 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. fFertified Mailing Retuvp Project Name� File No(s) C,(. a Date of Hearing Name Address Reason for Return �� .353 A* , APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE VOTED VOTED COUNCILMAN TOLSMA VOTED MAYOR KINGSFORD (TIE BREAKER) VOTED (INITIAL) f / APPROVEDy DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW -- DAKOTA RIDGE ESTATES TO: City of Meridian 33 E. Idaho Meridian ID 83642 Shari Stiles Will Berg Gary Smith 0 0 LETTER OF TRANSMITTAL The Lakes At Cherry Lane DATE: 17 June 1998 FROM: Steiner Development, L.L.C. Doug Campbell SUBJECT: Dakota Ridge Subdivision/Aschenbrenner Property We submit the following documents: DESCRIPTION DATED # OF COPIES Original letter from Max A Boesiger dated June 8 1998 releasing engineering documents to Steiner Development. Copy of letter from Max A Boesiger to Brigp Engineering dated June 8, 1998 assigning zoning and plat Mvrovals to Steiner Development.. For Your Records and Information For your information As requested For your action For your files/records XX cc: Louis Steiner, Sandy Clay, Steiner Development w/enc. Briggs Engineering File Correspondence File RJEcElvED JUN 22 1998 CITY OF MERIDIAN Steiner Development, L.L.C. 2574 N. Phoenix Ave. Meridian ID 83642 (208) 884-2076 Fax (208) 884-2086 • Max A. Bmsiger, Inc. General Contractor & Developer June 8, 1998 Briggs Engineering, Inc. ATTN: Becky Bowcut 1800 W. Overland Boise, ID 83705 RE: Dakota Ridge Subdivision Dear Becky, RE&"vED JUN 2 2 1998 CITY OF MERIDIAN SUMMERFIELD THE VINEYARDS NIESTDALE PARK EAGLE POINTE This correspondence serves as authorization for you to release to Steiner Development all engineering (plans, specs, etc.) documents designed by your firm to date. Steiner Development is acquiring the property and all city approvals and will be moving forward with the subject subdivision. If you require any additional information, please feel free to contact me anytime. Sincerely, Al Richard Boesiger Max A. Boesiger, Inc. cc: Louis Steiner, Doug Campbell, Sandy Clay; Steiner Development file � y EAGLE POINTE 2447 S_ VISTA • R01.SF._ 111 R%7n.r. • t?nR1 z2R_7nnt • FAY !'hist\ ZZR_7Zft7 0 Max A. Boesiger, Inc. General Contractor & Developer June 8, 1998 City of Meridian ATTN: Shari Stiles 33 E.Idaho Meridian, ID 83642 RE: Dakota Ridge Subdivision Dear Shari, PtFWrVT1D JUN 2 2 1998 CITY OF MERIDIAN SUMMERFIELD THE VINEYARDS WESTDALE PARK EAGLE POIN'M This correspondence serves as notification that Max A. Boesiger, Inc. is assigning to Steiner Development all zoning and plat approvals received from the city to date for Dakota Ridge Subdivision. Steiner Development is acquiring the subject property and will be moving the project forward in accordance with all city approvals. If you require any additional information, please contact me anytime. Sincerely, Richard Boesiger Max A. Boesiger, Inc. cc: Louis Steiner, Doug Campbell Sandy Clay; Steiner Development file VINEY:ARI ISS EAGLE POINTE 2447 S_ VISTA • ROMP- In R47nF% • [?nR► A%1R.7nni • RAY twin% zza_7ZR� ' • ADAIPOUNTY HIGHWAY D Planning and DevelopmenuDivh Development Application ort Preliminary Plat - Dakota Ridge Dakota Ridge is a 90 -lot residential subdivision on 29 side of Ustick Road, approximately 1/2 mile west of I estimated to generate 900 additional vehicle trips Transportation Engineers Trip Generation maw Roads impacted by this development: w/o site is located on the south . This development is te Institute of DECEIVED APR 2 5 1997 CITY OF MERIDIAN - May 7, 1997 - 7:00 p.m. I Chinden m �i SITE c Ustick P F C Ti E .171 s T Am A& N 600 0 600 1200 Feet Vicinity Map • Facts and Findings: A. General Information Owner - Leonard A. & Fred N. Aschenbrenner Applicant - Max A Boesiger, Inc. R-4 - Existing zoning 29.6 - Acres 90 - Proposed building lots 5,400 - Total lineal feet of proposed "ublic s 260 - Traffic Analysis Zone (T __", West Ada - l Western Citi Ustick Road 7 " Minor arterial wid bike t ignation Traffic count 2`;506 on 9/25/6 . 1,320 -feet oflf ontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet requ* right -o& -feet from centerline) Ustick Roadfi nriproved with 2 -lanes with no curb, gutter or sidewalk. Sidewalk has been constructed abutting the site's eastern boundary. Ten Mile Road Minor arterial with bike route designation Traffic count 4,029 on 4/23/96 0 -feet of frontage Ten Mile Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. B. A preliminary plat for Dakota Ridge Subdivision was approved by ACHD's Commission on April 6, 1994, as a 135 -lot subdivision. A new applicant is resubmitting a revised plat for review by the District. The major difference is the southwest portion of the site has been designated for a school site. C. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. D. The applicant is oposing to construct their main project entrance, Monument Way, approximately is west of the east property line in the location of an existing sewer line. However, there is an existing road, Valam Avenue, located approximately 100 -feet east of DAKOTA.COM Page 2 the east property line (210 -feet between the two roads:'° DistriGbptilicy requires 230 -feet of separation between roads/driveways on this section -of Ustick;i&& =the proposed location of Monument Way does not meet District policy._ti'r� However, there is an existing sewer line on south std q ` tick Road located approximately 100 -feet west of the east property line. The sewer linea th of Ustick Road and will also service the parcel to the south of the pro + ubdivisloa ,; T e applicant does not have another location for Monument Way due to= oe tag sew line. Staff recommends a variance for Monument Way to be locate appy 0 -feet west of Valam Avenue, because there are no competing high YollumeadAvew n the north side of Ustick Road and once there are more driveways an,ji sc °`' 1 is co tructed, staff anticipates that the speed will be lowered on Ustick Road us theleparadbn requirement would also be reduced. E. District staff recommends that, � plicaif 'e require to construct the main project entrance off Ustick Road 21 f R, sections with curb, gutter and 5 -foot wide sidewalk separated by a center tan and ocatd approximately 120 -feet west of the east property line. The median;slitldbe cttmstructed a minimum of 4 -feet wide to total a minimum 100 - square foot area'and dedicate 5` -feet of right-of-way plus the additional width of the median. �e, The median. >should be located ut of the right-of-way of Ustick Road. F. The proposed prelimma plat shows 9 -lots that will front on Monument Way, District staff recommends.""tit°the`Obrtion of Monument Way from Ustick Road to Rushmore Drive be designate as aresidential collector with usually no front on housing, because the estimated vehicle trips will be over 1,000 VTD. Staff recommends that these lots be designed to eliminate the need to back a vehicle on to the street because of the high volume of traffic that is estimated on this segment of Monument Way. This can be accomplished by a shared loop driveway between two lots or each lot having turnaround capabilities on the lot. Coordinate the design of the driveways with District staff. G. Staff recommends that the applicant be required to construct this segment of Monument Way as a 41 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 56 -feet of right-of-way. H. Except for Monument Way from Ustick Road to Rushmore Drive, the applicant should be required to construct all the internal roads as 37 -foot street sections with curb gutter and 5 - foot sidewalks within 50 -feet of right-of-way. Staff is concerned that the long (approximately 1,000 -foot) straight segment of Monument Way will encourage speeding on the street. Staff recommends that the applicant redesign Monument Way to eliminate this straight segment by removing the segment of Monument Way between Fargo Street and Rushmore Drive. Coordinate the design of Monument Way with District staff. DAKOTA.COM Page 3 0 J. The applicant is proposing to construct Cedar Creek Avenueldct"iuect to Ustick Road and stubbed to the school site to the south, located adjacent to th+vves� erty line. This location meets District policy. Cedar Creek Avenue should be con one half of a 37 -foot street section plus 12 -feet of additional pa v with curb, gutter and 5 -foot wide concrete sidewalk on the east side with in 36 -feet of,r1 f -way. The parcel to the west will be required to complete the road upon redevelopme ` p mat site. K. The applicant is proposing to stub Chervil., - east: undary of the site. District Staff recommends that the applicant be, uire��r stub street a minimum of 87 - feet south of the developed subdivisi ,cast (_ ood Creek No. 1). This will allow Chervil Drive and Valam Avenue t ter in ace rdance with District policy and better serve that parcel to the west. Th�applic should provide a paved temporary turnaround at the end of the stuibutting the east pro with a temporary easement if the distance is greater than 15fee+or greater than one V. Coordinate the turnaround with District Staff. N P y. L. The applicant is pro"" " to stub Custer Street to the south boundary (through the school site) of the site. District Stail?"supports the location of the stub street. This stub will connect with a stub street in the Lake 4'Cherry Lane No. 4. The stub connection is outside of the plat. Distric"t staff recommends that the stub be dedicated and constructed with curb, gutter and sidew&on both sides, with this plat. The applicant should provide a paved temporary turnaround " f the stub abutting the southeast property line with a temporary easement Cbord ke the turnaround with District Staff. M. District policy requires the applicant to construct 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel (approximately 1,320 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. Locate the sidewalk one foot within the new right-of-way of Ustick Road. N. Lots 4 and 5, Block 7, do not have frontage on a public street. The applicant should provide a recorded easement for Lots 4 and 5, Block 7, to use Lot 6, Block 7 to access Custer Street. O. There is an existing dwelling on Lot 9, Block 1, that has direct lot access to Ustick Road. Other than Lot 9, Block 1, direct lot or parcel access to Ustick Road is prohibited. P. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. Q. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: DAKOTA.COM Page 4 0 • Site Specific Requirements: �' = ti ig 1. Dedicate 48 -feet of right-of-way from the centerline of Ustick Road `aluttu-"the parcel by means of recordation of a final subdivision plat or -execution of a warranty deed prior to issuance of a building permit (or other required pernntshichever occurs first. The owner will be compensated for this additional right-of-way fron ay.atlable impact fee revenues in this benefit zone. If the owner wishes to be dBor the a-4 *A" aI right-of-way, the owner must submit a letter of application to the n tpntdmimstt ator prior to breaking ground, in accordance with Section 15 of ACHW,f rdinance8 � 2. Construct the main project entrance (MonumentVay) off Ustick Road with two 21 -foot street sections with curb, gutter and 54oo sidewalk separated by a center median and located approxufiwya 10 feet"west,}of the east property line (approximately 210 -feet west of Valam Avenue). ian shall" constructed a minimum of 4 -feet wide to total a j .. . minimum 100 -square; t�area and Ycate 54 -feet of right-of-way (minimum) plus the �x additional width of themedtam .Locate the median out of the right-of-way of Ustick Road. 3. The portion of Monument Way from Ustick Road to Rushmore Drive shall be designated as a residential collector. For all lots that front on this portion of Monument Way, construct shared loop"..dfiveways'beiween two lots or provide each lot with paved turnaround capabilities.ordinate the design of the driveways with District staff. Access restrictions shall be noted 61he final plat. Construct this segment of Monument Way as a 41 -foot street section with curb, gutter and 5 - foot wide concrete sidewalks within 56 -feet of right-of-way. 4. Except for Monument Way from Ustick Road to Rushmore Drive, construct all the internal roads ris 37 -foot street sections with curb, gutter and 5 -foot sidewalks within 50 -feet of right- of-way. 5. Eliminate the segment of Monument Way between Chervil Drive and Fargo Street. 6. Construct Cedar Creek Avenue as one half of a 37 -foot street section plus 12 -feet of additional pavement with curb, gutter and 5 -foot wide concrete sidewalk within 36 -feet of right-of-way and located as proposed adjacent to the west property line. 7. Stub Chervil Drive to the east boundary of the site and provide a paved temporary turnaround at the end of the stub with a temporary easement (if the distance is greater than 150 -feet or greater than 1 -lot deep). Locate the stub street 87 -feet south of the south developed subdivision to the east (Englewood Creek No. 1). Coordinate the turnaround with District Staff. DAKOTA.COM Page 5 0 • 8. Stub Custer Street to the south, through the school st7-foot,#::eV, Ded-feet of right-of-way for the entire stub street. Construct the stub street to a n withcurb, gutter and sidewalk on � sides, with this plat. Provi ` paved temporii ound at the south end of the stub with a temporary easement. �»inate the turnaround with District Staff. 9. Construct 5 -foot wide concrete sidewalk on Us Road a the parcel (approximately 1,320 -feet) prior to issuance of any requir Distri t approval of a final plat, whichever occurs first. Locate the side , alk o 'm the new right-of-way of Ustick Road. 10. Provide a recorded easement for `ts 4 5, Bl `k 7, to use Lot 6, Block 7 to access Custer Street 41 11. Other than the exi91 ` thwellm -9, Block 1, direct lot or parcel access to Ustick Road is prohibited. Lot accessrestrictis required with this application, shall be stated on the final plat. Standard 1. A request iti��modificatton, variance or waiver of any requirement or policy outlined herein shall be ma&,,,' - ing to the ACHD Development Services Supervisor. The request shall specifically Ai each requirement to be reconsidered and include a written explanation o why such a requirement would result in a substantial hardship or inequity, The written request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. DAKOTA.COM Page 6 • 0 3. Payment of applicable road impact fees are requiredr�or to . construction in accordance with Ordinance #188, also known as A a. County i#* District Road Impact Fee Ordinance. - , 51 4. All design and construction shall be in accordance wtih thAda County Highway District Policy Manual, ISPWC Standards and approved supplemenW t✓onstruction Services procedures and all applicable ACHD Orduianess sFily waived herein. 5. The applicant shall submit revised plans r sal prior to issuance of building permit (or other required permits), w ch inco porat ariy required design changes. AV 6. Construction, use and property deyelopm R shalle in conformance with all applicable requirements of the -Ada County ffighwa fs ,z t prior to District approval for occupancy. g. m` r 7. No change in the terms and condipn�.of this approval shall be valid unless they are in writing and signed by theapplicaro a applicant's authorized representative and an authorized represetifativekof the Ada County Highway District. The burden shall be upon the .-, applicant to obtain written c6hRimation of any change from the Ada County Highway District 8. Any change by the applicant in the planned use of the property which is the subject of this application, s Aire the applicant to comply with all rules, regulations, ordinances, plans, or othdt -e atory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by Development Services Staff DAKOTA.COM Page 7 STEPHEN A. BRADBURY 0 0 EBERLE, BERLIN, KADING, TURNBOW & McKLVEEN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW CAPITOL PARK PLAZA 300 NORTH SIXTH STREET POST OFFICE BOX 1368 BOISE, IDAHO 83701 July 15, 1994 SENT VIA HAND DELIVERY Shari Stiles Planning and Zoning Administrator City of Meridian 33 East Idaho Meridian, ID 83642 TELEPHONE (208) 344-8535 FACSIMILE (208) 344-8542 JAMES L. BERLIN OF COUNSEL T. H. EBERLE (1922-1977) Re: Dakota Ridge Estates Subdivision Development Agreement Dear Ms. Stiles: As you know, I have been working with Andy Byron in connection with the above referenced project. Andy has asked me to deliver to you the enclosed Development Agreement for review prior to consideration by the Mayor and City Council at their meeting of July 19, 1994. Please note that I have not included Exhibit A, the legal description, or Exhibit C, the plat, since those documents are still being prepared by the project engineer, Roylance & Associates, P.A. , and I wanted you to have ample opportunity to review the enclosed and make any comments or suggestions you may have. The legal description and the plat will be delivered to your office just as soon as they have been completed. Once you have had an opportunity to review the enclosed, and should you have any questions or concerns or should you wish to discuss the proposal in greater detail, please feel free to give me a call. very truly yours, STEPHEN A. BRADBURY SAB: jkr Enclosure cc: Andy Byron Wayne Crookston 9 . DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1994, and the between the CITY OF MERIDIAN, A MUNICIPAL CORPORATION of the State of Idaho, party of the first part, hereinafter called the "CITY", and AVENUE ONE, a California general partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is P.O. Box 5465, Sherman Oaks, California 91413. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in Ada County, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A," and requested zoning of DEVELOPMENT AGREEMENT Page -1 July 15, 1994 • 0 R-4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY of Meridian to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to DEVELOPMENT AGREEMENT Page -2 July 15, 1994 deannexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-deannexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses, all such single-family houses shall have at least 1,400 square feet of floor space, exclusive of garages. 3. That the property zoned R-4, described in Exhibit "A", shall have lot sizes of at least 8,000 square feet, which is the size represented at the CITY hearings, and shall meet all of the requirements of the R-4 zone and have no duplex units, town houses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and DEVELOPMENT AGREEMENT Page -3 July 15, 1994 preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or deannexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision DEVELOPMENT AGREEMENT Page -4 July 15, 1994 0 i Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said DEVELOPMENT AGREEMENT Page -5 July 15, 1994 • 0 improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the ,various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering specifications governing the construction of these facilities. DEVELOPMENT AGREEMENT Page -6 July 15, 1994 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior DEVELOPMENT AGREEMENT Page -7 July 15, 1994 • 0 thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER shall, at the request of the CITY, convey to the CITY or to Joint School District No. 2 (Meridian School District), as the CITY may direct, approximately four (.4) acres of its real property in the location and configuration as is depicted on Exhibit "C" attached hereto and incorporated herein by this reference for use by the CITY and/or the Meridian School District as a park and/or school site. Such conveyance shall be made without cost to the CITY or the Meridian School District except such closing costs and recording fees as are normally incurred in a transaction of such nature, all of which shall be paid by the entity taking title to the said property. The covenant contained in this paragraph shall be binding upon DEVELOPER for a period of three ( 3 ) years from the date of this Agreement after which time the DEVELOPER'S obligations as described herein shall be of no further force or effect. 13. That DEVELOPER agrees that upon his, its, or their, having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the DEVELOPMENT AGREEMENT Page -8 July 15, 1994 right to withhold the issuance. of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 14. Developer agrees that in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such DEVELOPMENT AGREEMENT July 15, 1994 Page - 9 • 0 declaration, all sums due shall.bear interest at a rate of the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 15. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, DEVELOPMENT AGREEMENT Page - 10 July 15, 1994 deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 16. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a latecomers agreement, if any, for including any water or sewer line extensions, DEVELOPMENT AGREEMENT Page - 11 July 15, 1994 increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a latecomer agreements to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a latecomers agreement. The CITY's DEVELOPMENT AGREEMENT Page - 12 July 15, 1994 • 0 obligation to enter into a latecomers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 17. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; 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. 18. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. DEVELOPMENT AGREEMENT Page - 13 July 15, 1994 0 �. 19. That DEVELOPER agrees that any.notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: DEVELOPER: City Engineer Andrew D. Byron City of Meridian 3431 E. Gloucester 33 E. Idaho Boise, Idaho 83706 Meridian, Idaho 83642 20. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 21. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 22. This Agreement shall become valid and binding only upon its approval by the City Council and execution by the Mayor and City Clerk. 23. That DEVELOPER agrees to abide by all ordinances of the City of Meridian and the property shall be subject to deannexation 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. DATED The date, month and year first appearing. DEVELOPER By Andrew D. Byron DEVELOPMENT AGREEMENT Page - 14 July 15, 1994 CITY By GRANT P. KINGSFORD, MAYOR By WILLIAM G. BERG JR., CITY CLERK STATE OF IDAHO ) SS. County of Ada ) On this day of '.1994, before me, the undersigned, a Notary Public in and for said State, personally appeared ANDREW D. BYRON, known, or proved to me, to be a partner of the General Partnership that executed this instrument and the person who executed the said instrument on behalf of said corporation, and acknowledged to me that such General Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT: STATE OF IDAHO ) SS. County of Ada ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., Mayor and City Clerk of the City of Meridian, known to me to be the Mayor and City Clerk of the City of Meridian that executed this instrument and the persons who executed the said instrument DEVELOPMENT AGREEMENT Page - 15 July 15, 1994 • 0 on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MERIDIAN, IDAHO DEVELOPMENT AGREEMENT Page - 16 July 15, 1994 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND AVENUE ONE This subdivision is for 125 single-family dwelling units with an overall density of 3.0 dwelling units per acre. The DEVELOPER shall: 1. Tile those portions of the Rutledge Canal which are located wholly,or partially within the subdivision or form a portion of the subdivision boundary in accordance with approved construction plans to be submitted with the final plat. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines in accordance with approved construction plans to be submitted with the final plat. 3. Construct all street improvements within the subdivision in accordance with the requirements of the Ada County Highway District. 4. Dedicate the necessary land from the center line of West Ustick Road for public right-of-way in accordance with the requirements of the Ada County Highway District. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Berms and landscaping on entrances shall be provided and maintained by the Homeowners Association. 8. Pressurized irrigation is to be provided to all lots within this subdivision. Evidence of approvals from appropriate irrigation district/canal company and downstream water users shall be submitted to the CITY with the final plat. 9. Construct and install a six-foot cedar or similar wood fence around the perimeter of the property. EXHIBIT "B" DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page - 1 of 2 10. Construct any pedestrian pathways as may be depicted on the final plat in accordance with the requirements of the ordinances of the CITY. 11. Construct all planting strips and reserve strips as depicted on the final plat in accordance with the requirements of the ordinances of the CITY. 12. Convey to the CITY or to Joint School District No. 2, as the CITY may direct, approximately four acres of its real property in the location and configuration as is depicted on Exhibit C for use by the CITY and/or the School District as a park and/or school site in accordance with the provisions of Section 12 of this Agreement. EXHIBIT "B" DAKOTA RIDGE SUBDIVISION DEVELOPMENT AGREEMENT Page - 2 of 2 0 0UPERINTENDENT OF SCHOOLS Bob L. Haley OR EXCE�le DEPUTYDan Mabe, Finance & Administration yn DIRECTORS n+ Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE (208) 888-6701 June 29, 1994 Andy Bryon Avenue One Real Estate P.O. Box 5465 Sherman Oaks, California 91413 Dear Mr. Byron: RECEIVED J U L 0 1 1994 CITY Of Whilu iij I view your suggestion to donate four acres of land to the school district acceptable. We will be working with the City and other developers in an attempt to incorporate it into a fourteen acre school and park site. Sincerely, IC6,Wd? Dan Mabe, Deputy Superintendent DM: gr cc: Sheri Stiles r u,.t= I NINUINONI a real estate June 27, 1994 Mr. Dan Mabe Meridian School District RE: Dakota Ridge Subdivision Dear Dan: Enclosed is a copy of a revised plat which we plan to submit to the City Council addressing the school issue you and I have spoken about. Obviously, our development agreement with the City of Meridian needs to include some way to deal with the need for new school sites and we have decided to donate to the Meridian School District the approximate four acres shown on the enclosed revised plat. Before I can go any further with this subdivision, % need to speak with you regarding the proposed donated acreage and your feelings regarding its location. ` � Please call me at your earliest convenience at: (208) 338-2228. I look forward to hearing from you. ! ` , , " "0 G " -j .-I c 11 r i C L-4 H I T kE P I C. K E Li AMENDED ORDINANCE NO. 6501== AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXINGq—*6 ' ZDNING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3` -.TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, R9RA1iO_;._ AND r PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: The Northwest 1/4 of the Northeast 1/4, Section 3, Township 3 North, Range 1 West, Boise Meridian. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: The Northwest 1/4 of the Northeast 1/4, Section 3, Township 3 North, Range 1 West, Boise Meridian. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water -and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as AMENDED ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATES Page 1 authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County`Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the CA'y of Meridian, Ada County, Idaho, this i�- day of _ 'n2CLhx%21- , 1994. APPROVED: ATTEST: ��p Icy ro 400/f 4.), WILLIAM G. BERG, JR. - IT CLERK &EAS a AMENDED ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATES Page 2 STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Amended Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Amended Ordinance No. 650, by the City Council and kayor of the City of Meridian, on the t/,- day of Of?eet hei- , 1994, as the same appears in my office. DATED this �'1 day of 3T( i } 'T it STATE OF IDAHO,) : ss. County of Ada, ) 1994. City Clerk, City o "ridian Ada County, Idaho On this 0 -�'k day of ea-e"ger , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. A SEAL ®�A1�,'� i f a1 U Cj% e9 - C! 8 !. 4�% %,,,,rE`®f��,, of y Public for Idaho Res ding at Meridian, Idah M Commission Expires C)970-2 AMENDED ANNEXATION ORDINANCE - DAKOTA RIDGE ESTATES Page 3 I z 4 • IN % �1.. I I a r a r a n a I a • a • '^ „ . tl I . I _ I V I a • a " • I tl r rn a ' I >r z is a a a I i 1 a IN I 10 � I I s ' a s ' >• a '" 1 I I 1 I M 0 Meridian City Council June 21, 1994 Page 5 Kingsford: Moved by Bob, second by Ron to table this until next meeting on the annexation and zoning, question Walt. Morrow: We have approved the findings of fact and conclusions, do we then make a decision of the findings of fact before we table. Kingsford: I don't think we have to do any more before there is a table. Based on the fact that the findings are contrary to the request you can't go forward with preparing an ordinance or anything until we have direction from the developer as to his intent. Crookston: That is correct. Morrow. Okay, so then the proper sequence is we have done the approval we are going to table and then the decision will come from the applicant. Kingsford: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: ORDINANCE #650 - DAKOTA RIDGE ESTATES ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #650 read in its entirety? Seeing none I would entertain a motion. Tolsma: Mayor, I move we approve Ordinance #650 with suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve ordinance #650 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow - Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea ITEM #4: ORDINANCE #651 - WESTDALE PARK NO. 2 ANNEXATION: Meridian City Council June 7, 1994 Page 38 Tolsma: Second Kingsford: Moved by Walt, second by Ron to have amend findings prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES, 135 LOTS BY AVENUE ONE AND ROYLANCE AND ASSOCIATES: Kingsford: I will now open the public hearing and invite the owner or his designee to speak first. Steve Bradbury, 300 North 6th Street, Boise was sworn by the City Attorney. Bradbury: Mr. Mayor, members of the Council as Mayor mentioned this is an application for annexation, a rezone from the current designation of RT to the City's designation R-4 and preliminary plat approval. If you have the plat in front of you, you see it is 135 building lots on 41.5 give or take acres which results in a 3.25 dwelling unit per acre density. This project is located near the corners of Ustick and Ten Mile, south side of Ustick between Ten Mile and Black Cat. It is proposed City water and sewer, standards underground utilities, public streets which would be built to ACHD standards and of course dedicated to the Highway District. I have reviewed the findings of fact and conclusions of law which were adopted by the Planning & Zoning Commission with the developer and the developer is willing to comply with those proposed findings in all respects. Mr. Roylance the project engineer is here and can answer any technical questions that you might have. The developer Andy Bryron is also here in the event you wanted to get a crack at him. Since the hour is already getting late I will not talk about a lot of things that you may or may not want to talk about and simply respond to questions if you have any. Kingsford: Any questions for Mr. Bradbury? Thank you very much, anyone else from the public? Seeing none I will close the public hearing, Council members. Morrow: I have questions of Gary and Shari with respect to their comments. Kingsford: Counselor, it has been brought to my attention that it might be a good idea to swear staff as well. Crookston: That is true. • Meridian City Council June 7, 1994 Page 39 Kingsford: Will those folks come up and be sworn. Gary Smith, 33 East Idaho, was sworn by the City Attorney. Smith: Mr. Mayor, Councilman Morrow, Council members, I don't believe and I can't say this with certainty that I have heard fromhave received seign veral correspondences from ineer and concerning the comments that I made on design review. his office on other projects and I don't have anything, with I don' bell smoment. I have anything on Dakota Ridge, I could be wrong I dont have my (Inaudible) Smith: They have responded, I apologize, if you would like I can step next door and grab my file and check all these items off. Morrow: If you would please. In the meantime we could have Shari address her comments. Kingsford: Do you want a recess Max? Yerrington: I move for a recess. Kingsford: We stand at recess for a couple of minutes. (5 MINUTE RECESS) Kingsford: Call the meeting back to order. Mr. Smith are you prepared to move forward? Smith: Yes Mr. Mayor, Council members, in reviewing Roylance and Associates responses to my review comments I guess asked about acouple stub street'ons that maybe Dave be ng provided to the Roylance can answer. My comment #3 west as a question mark, the response had to do with ACHD and project designer discussing that a stub street would make possible a travel length parallel to Ustick Road throughout the subdivisions in the area. Given the possibility of a school beside it directly west of the proposed development a ped�mmentpathway would tbethe thatwest technically from shall oue beincluded in the final design. My only ordinance with out a stub street through there on our west boundary we have in access of a 1000 foot block in length. Item #8, 1 make a comment that too much sewer line is being placed in a pathway in Block 2, can the street alignment be revised to eliminate this length. Comment, sewer trunk line can beadjusted ae�sed to say pathway, it needsthe west in order to lto be foot easement. The word easement need Meridian City Council June 7, 1994 Page 40 a dedicated lot. However the situation sited is no different than that which is found between Tuscora Court and Turnberry Way in the Lake at Cherry Lane in the 3rd phase. Is there a standard maximum length allowed for this situation? I guess the maximum lengths that I have been dealing with are 2 lot depth. I think that would be a reasonable length for 2 lots. Item #10, how will the southwest corner of the westerly side be served with sewer? The comment is the sewer shall either come from gravity flow line extended along West Ustick Road or else from an area wide lift station (inaudible) located to the southwest of the property. The Lake at Cherry Lane No. 3 is having to utilize a temporary lift station at its west boundary to serve the, I think basically the westerly half of their subdivision. So part of the subdivision I assume could drain into that temporary lift station. At the time that the sewer line is extended onto the west as part of the Golf course expansion it will be picked up in the regional lift station. The reason for my comment was to have this developer working with the Lake at Cherry Lane No. 3 developer do they coordinate (inaudible) elevation so it can be sewered and I believe that is happening. Morrow: Question of clarification, when the temporary lift station is done away with, who's expense is that done away with? Smith: As the development continues to the west, it would be the developers responsibility to abandon the temporary lift station. Morrow: The new developers or these developers? Smith: The Lake at Cherry Lane No. 3 developer as the golf course phase 2 develops then that temporary lift station would be removed. Kingsford: Removed or just bypassed Gary? Smith: We have to remove the lift station equipment and construct it initially so that (inaudible) and flow on through. Morrow: And we have provision in place for that to happen already? Smith: With the Lake at Cherry Lane No. 3, yes. (End of Tape) Smith: Those are the only items that I had any question on concerning their response to my review comments. Morrow: And you are satisfied with their responses? Meridian City Council June 7, 1994 Page 41 Smith: Well, yes, the length of that block, if a stub street is not provided then technically it is exceeding the 1000 foot block length. If the Highway District has concerns about that, I haven't spoken directly with them so. Morrow. I have a couple points and you may not be able to clarify them. In the Highway District's comments they indicated that Ustick Road and the improvements to Ustick Road were not eligible for impact fee monies, why is that do you know? Smith: No, I don't know. Morrow. Then their 4th comment, it said there was another subdivision the Lake at Cherry Lane No. 3 being processed and currently on this agenda, they enter neighborhood connecting streets do not match and the project's engineers will be required to coordinate with the layout of the 2 projects. So that there is connecting public streets, that has been address? Smith: Yes, Ojibwa, which was shown as a culdesac on Dakota Ridge is now a through street and will connect to the Lake No. 3. The furthest street to the east, the north south street to the east side of this subdivision will now culdesac and it won't go through as originally shown. They are working that connection out. Morrow: I guess I am still a little confused why the staff doesn't want, I have read what they want and what you said about the stub street to the west, but I am concerned about the block length. I am not totally sure, well Ustick Road is going to be a 5 lane road so why would parallel traffic be an issue? Smith: I don't know. Kingsford: There are other places it exists and they don't allow lot access onto Ustick Road, so you make a good point. Tolsma: (Inaudible) Smith: ACHD felt that there was going to be some parallel traffic to Ustick Road and with the school site to the west of this apparently they felt it was going to promote some heavier traffic in the subdivision that would normally occur. Tolsma: There is a school site to the west of this. Smith: Well, according to our comp plan there is one proposed to the west of this if we can get a developer to agree to. Meridian City Council June 7, 1994 Page 42 Kingsford: Let's get some feedback from Mr. Roylance with regard to that. Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mike Shrewsberry at our office has been working with ACHD regarding this issue and in fact regarding all the road alignment. I didn't attend that meeting he went to one of their design review meeting. As I understand it for the reasons you stated the potential of a school site ACHD did not want a stub street there. However, our position would be if you would like us and Gary to revisit that issue with ACHD and rethink that and if it would be in'the best interest of the City and ACHD to put in a stub street we would do that. Kingsford: Well, I think certainly I think we need to do that Dave, or you need to apply for a variance to our block length. It needs to be one or the other and I think my preference would be to limit that to a 1000 feet if we can by that means. Roylance: We would be happy to do that, as I understand this was a mandate more or less from ACHD and we are complying with their request and collectively we could probably change that if we can show good cause to do that. We would be happy to work with you to accomplish that, or at least re -think this so we know that we are doing the right thing if we leave it this way. Morrow. I would agree with Grant's position, I would really prefer to of with the stub street and solve the issue of the block length from that standpoint. Kingsford: I think that maybe getting the school district involved I'm sure they haven't given it a whole lot of thought just how they plan to ingress, egress that but if they did have it might be that a stub street in a different location would be more appropriate. So I would like to see the 3 of you, Mr. Mabe and -you 2 working with the Highway District on that. Roylance: Sure, if there are no other complications with the plat we would appreciate if that could be a condition of final plat approval that our firm, Gary, School District and ACHD can get together and go through that and we will put it wherever everybody would like it. Kingsford: Other questions or comments for staff. Morrow: I have none of Gary, I have questions of Shari. Shari Stiles, 33 East Idaho, was sworn by the City Attorney. Meridian City Council June 7, 1994 Page 43 Morrow: My questions would be with respect to your analysis of the project. In your letter, second paragraph, you raise some issues about the city's wastewater treatment plant and certainly the prevailing winds and the possibility of (inaudible) effects on the property owners or negative feedback from them. Could you enlighten me a little bit as to what you are referring to with respect to the 20 foot landscape buffer on the northerly boundary and the additional mitigation majors that you are thinking of in terms of considering. Stiles: Councilman Morrow, Mayor and Council members, I guess I just was putting that in there to have it on the record when we get complaints. I don't know what you could do to mitigate that. I don't know if there is anything you could do, you have giant citronella pots or something, 1 don't know what would mitigate that. It was just noted so in the future when the calls and complaints it will be in the record that was noted. Morrow: Was your thought that we recognize that in the same manner that a recognize agricultural uses through the covenants and restrictions? Stiles: Yes Tolsma: Well there is a very big area just north of there, right across the road that belongs to one of (inaudible). Stiles: That dairy is being proposed as a subdivision now. Morrow: You also indicated there are no plans for the Ruteldge lateral and other water way easement should be noted on the plat. And all plans will need to be coordinated with Nampa Meridian Irrigation District in accordance with the City ordinance. We also talk about pedestrian walkways and those kinds of things. I think that one of the things that I am after here is some enlightenment from you on what you are thinking with respect to the canal and the pathways so on and so forth. Part of the issue that I am driving at here is that the property owner happens to be a member of the board of directors of the Nampa Meridian irrigation district and quite candidly given all the problems that we have with Nampa Meridian and with the subdivision growth and development this is an excellent opportunity for him to become aware of what our problems are with respect to these pathways developments. As you heard with every development that is here tonight that has a pathway it is all subject to working with Nampa Meridian irrigation district to get those things accomplished. I think this is an excellent opportunity to at least bring these folk up to speed with what we have to struggle with to accomplish those pathway systems. So, what I am asking of you is to maybe using this as an example what your thoughts are and what we need to accomplish and what problems are there and how Nampa Meridian can help us solve these problems. .,It 0 Meridian City Council June 7, 1994 Page 44 • Stiles: Councilman Morrow, Mayor, and Council, we have agreed with the Nampa Meridian Irrigation District to stay away from their laterals, they told us we could work with their drains and creeks, Eight Mile, Ten Mile, Nine Mile but they don't want us messing with their laterals. Is it the case in just about any lateral there will be a roadway, or I presume there will be a roadway for maintenance for Nampa Meridian Irrigation District and regardless of what they think it will be used as a pathway by those people that live there. It is just a fact, I don't know what we could do on this particular project to call Nampa Meridian Irrigation District call their attention to our desires and needs. But someday they may recognize that these are an amenity to be used and enjoyed by everyone. Kingsford: Mr. Morrow, I am not sure that you were aware but the Nampa Meridian Irrigation board did convene a meeting specially and visited with the City 2 weeks ago and those things were addressed. We are currently working on a licensing agreement, that is one of the things I was going to bring up to Wayne is where we are at with review of that and so forth. I think that we are on target to move along with those walkways on the drains. And I tend to agree with them, being an old irrigation farmer that we have had some problems with the laterals I'm not sure how you deal with those but I think we are targeting and moving along on that. Morrow: Well that is a positive step, I received no paperwork or notification from the city that the meeting was held or any results of that. At least from position on the Council I am not aware of those things going on. Kingsford: Any other questions for Shari? I did close the public hearing I believe, is the Council prepared to make a decision, were there appreciable different testimonies? Crookston: No Kingsford: You have findings as prepared for P & Z. Morrow: Mr. Mayor, I would move we adopt the findings of fact and conclusions of law as approved by P & Z. Yerrington: Second Kingsford: Moved by Wait, second by Max to approve of the findings of fact and conclusions of law as prepared for P & Z, roll call vote. ROLL CALL VOTE: Morrow.- yea, Yerrington - yea, Tolsma - Yea 0 Meridian City Council June 7, 1994 Page 45 MOTION CARRIED: All Yea Kingsford: Next item then would be to have the City Attorney prepare a ordinance if that is your desire. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to have the City Attorney prepare an annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Next item is to deal with the Preliminary plat. Morrow: Mr. Mayor, I would move that we approve the preliminary plat for Dakota Ridge Estates subject to staff conditions. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the preliminary plat for Dakota Ridge Subdivision conditioned upon staff comments being satisfied, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR ROCK CREEK SUBDIVISION, 20 LOTS Y KEVIN HOWELL AND HUBBLE ENGINEERING: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: I am here this evening on behalf of Kevin Howell Construction the applicant. This application consists of a 6.04 annexation with R-8 zoning and a 20 lot single family preliminary plat on 5.7 acres. This is a density of approximately 3.5 lots per acre. This project is located directly west of the Finch Creek subdivision and Howell Tract subdivision. We are about 3/8 of a mile west of Locust Grove along Ustick Road and the MERIDIAN CITY COUNCIL MEETING: June 7.1994 APPLICANT: AVENUE ONE AND ROYLANCE AND AGENDA ITEM NUMBER: 18 ASSOCIATES REQUEST: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTAHCED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM 0 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building.Department (208) 887-2211 GRANT P. KINGSFORD Mayor To: Mayor, City Council, Planning & Zoning Commission From: Gary D. Smith, PE7 Zk Date: April 7, 1994 v/� RE: DAKOTA RIDGE SUBDIVISION (Annexation, Zoning, Preliminary Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner R Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. This parcel is contiguous to existing city limit boundary created by annexation of the Lake at Cherry Lane Subdivision parcel. The description does include the half of Ustick Road adjacent to the parcel. 2. Submit street name and subdivision name approval from Ada County Street Name Committee. 3. Should a stub street be provided to the west? 4. Can Ojibway connect to the proposed stub from the Lake at Cherry Lane No. 3? 5. Will Tuscarora Drive be culdesaced since there isn't a proposed street stub from The Lake at Cherry Lane No. 3? 6. A 12" diameter water line will need to be installed in Ustick Road to comply with present city policy. Water lines are to be located 12 feet east and north of centerline. Water service is subject to a positive hydraulic analysis by our computer model. 7. -Lot 14 - Block 1 and Lot 7 - Block 2 needs a frontage with a 40 foot chord. These are not flag lots. -Access to Lot 17 - Block 1 and Lot 2 - Block 2 should be restricted to the culdesac street. -Lot 28 - Block 2 needs to have 80 feet of frontage. This is not a culdesac lot. -Lot 20 - Block 3 needs to have frontage for a 40 foot chord. -Lot 9 - Block 4 south frontage needs to be 80 feet. • 0 -Lot 20 - Block 5 - verify the lot contains 8000 square feet. 8. To much sewer line is being placed in a pathway in Block 2. Can the street alignment be revised to eliminate this length? 9. The Rutledge Lateral needs to be piped by ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District. 10. How will the southwest corner and the westerly side be served with sewer? 11. Establish the highest seasonal groundwater level elevation to facilitate builder location of footing bottom one foot above. 12. Submit overall plan of just the water system so that fire hydrants, valving and street lights can be located by city staff. SUBJECT: Annexation and Zoning with a Preliminary Plat for Dakota Ridge Estates Dakota Ridge is planned for 135 lots on 41.57 acres directly west of Englewood Creek Subdivision and directly north of The Lake at Cherry Lane No. 3 (also being presented at a public hearing tonight). A fire station, park, and school are presented in the Comprehensive Plan as being needed for this area. This site is south of the City's wastewater treatment plant. Although winds generally prevail from the west, there is the possibility of negative impacts on property owners. A 20 -foot landscape buffer is indicated along the northerly boundary, but additional mitigation measures should be carefully considered. No plans are indicated for the Rutledge Lateral and other waterways. Easements should be delineated on the plat. All plans will need to be coordinated with the Nampa -Meridian Irrigation District in accordance with City Ordinance. Pedestrian walkways should be provided to the west, east and south of this proposed development, as well as midway through Block 3 to prevent long, circuitous pedestrian routes. Applicant should ensure roadways are compatible with adjacent developments. The preliminary plat should be resubmitted addressing the above items. A development agreement should be required prior to annexation approval. HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON CE CityTreasurneer CITY OF MERIDIAN ROBERT D. E GARJANIY D. SMITHSP.E. City Eng MORRR WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888--0433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 MEMORANDUM GRANT P. KINGSFORD Mayor t TO: Planning & Zoning Commis ion M wor and Council FROM: Shari L.;151/ess�,LPlanning & Zoning Administrator t DATE: April 8, 1994 SUBJECT: Annexation and Zoning with a Preliminary Plat for Dakota Ridge Estates Dakota Ridge is planned for 135 lots on 41.57 acres directly west of Englewood Creek Subdivision and directly north of The Lake at Cherry Lane No. 3 (also being presented at a public hearing tonight). A fire station, park, and school are presented in the Comprehensive Plan as being needed for this area. This site is south of the City's wastewater treatment plant. Although winds generally prevail from the west, there is the possibility of negative impacts on property owners. A 20 -foot landscape buffer is indicated along the northerly boundary, but additional mitigation measures should be carefully considered. No plans are indicated for the Rutledge Lateral and other waterways. Easements should be delineated on the plat. All plans will need to be coordinated with the Nampa -Meridian Irrigation District in accordance with City Ordinance. Pedestrian walkways should be provided to the west, east and south of this proposed development, as well as midway through Block 3 to prevent long, circuitous pedestrian routes. Applicant should ensure roadways are compatible with adjacent developments. The preliminary plat should be resubmitted addressing the above items. A development agreement should be required prior to annexation approval. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 0 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE (( %�W��aALT W. MORROW I IL RECEAarlfieMir ng Administrator MAR QChJIM JOHNSON - Planning & Zoning CITY 01 MERMAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: TRANSMITTAL DATE: 3/14/94 April 5, 1994 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM/& FINAL PLAT) CITY OTHER FILES 2_ YOUR CONCISE REMARKS: W. k0Qu•is -,- A4 14yk ow ,vA 5,- I .rl1 ri o.v 141 o.0 a AIA au a Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT TFIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES f OTHER: YOUR CONCISE REMA KS: MAR 1 .9 19,104 CITY Or. MERIDIAN *HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON JANICE L. GAS, City CITY OF MERIDIAN ROBERT COIE GARY D. SM THS P.E. City Engineer OR ROW W WALT W.MMOOReer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887-4813 Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, C/C _WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT TFIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES f OTHER: YOUR CONCISE REMA KS: MAR 1 .9 19,104 CITY Or. MERIDIAN March 14, 1994 •UPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET • MERIDIAN, IDAHO 83642 • PHONE (208) 888-6701 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Dakota Ridge Estates Subdivision Dear Councilmen: I have reviewed the application for Dakota Ridge Estates and find that it includes approximately 135 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Linder Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 47 elementary aged children, 39 middle school aged children, and 49 senior high aged students. At the present time Linder Elementary is at 134% of capacity, Meridian Middle School is at 126% of capacity and Meridian High School is at 123% of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. Even if we were willing to use portable classrooms for a year or two, this project would require two classrooms at the elementary level, one at the middle school level and two at the high school level. To build portables ready to occupy by students will cost approximately $40,000 each. As you can see the total for one portable would be $40,000. We would welcome a meeting with you to find ways of mitigating the projected costs to the school district. i 0 We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Pa Mabe Deputy Superintendent DM: gr E v GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: RECEIVED APR 15 1994 AVENUE ONE P.O. BOX 5465 SHERMAN OAKS CA 91413 FROM: Larry Sale upe Developme e SUBJECT: DAKOTA RIDGE ESTATES - PRELIMINARY PLAT April 8, 1994 On April 6, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th 9 Boise, Idaho 83714 - Phone (208) 345-7680 April 8, 1994 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights -of -Way Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15 -days prior to the expiration date. Please contact me at 345-7680, should you have any questions. LS cc: Development Services Chron ROYLANCE & ASSOCIATES MERIDIAN CITY HALL G GV4, GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission FROM: Development Services .ENTER-DEPU'-MENT CORRESPONDENCE DAKOTARD/DSTECH 4-6-94 DATE: April 1, 1994 SUBJECT: PRELIMINARY PLAT - DAKOTA RIDGE ESTATES (Developer - Avenue One, P.O. Box 5465, Sherman Oaks., CA 91413) (Engineer/Surveyor - Roylance & Associates, 4619 Emerald St., Boise, ID 83706) FACTS & FINDINGS: 1. Dakota Ridge Estates is a 135 -lot single family residential. subdivision located on the south side of Ustick Road approxi- mately one-half mile west of Ten Mile Road. A traffic study has been submitted to and reviewed by the District and the following requirements reflect comments and recommendations made in the study. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 41.6 FEET OF NEW PUBLIC STREETS - 6,850 -feet LOTS - 135 ZONING - R-4 ESTIMATED VEHICLE TRIPS PER DAY - 1,350 TRAFFIC ANALYSIS ZONE - 260 L.F. OF FRONTAGE ON Ustick Road - 1,320 -feet MOST RECENT TRAFFIC COUNTS - Date 1992 Volume 664 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE. -TO -RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50 -feet REQUIRED RIGHT-OF-WAY - 90 -feet (45 -feet from centerline) Ustick Road is improved with 24 -feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities ada county highway district 318 East 37th * Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY nLAT O DAKOTA MIDGE ESTATES April 1, 1994 Page 2 3. The ACHD Capital Improvement Plan indicates that. Ustick Road is not approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may not be given for construction of the roadway improvements (excluding sidewalk) along Ustick Road, but may be given for right-of-way dedication in addition to what exists now. If the developer wishes to be paid for the additional right-of-way, he/she must submit an application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordi- nance #188. 4. There is another subdivision (The Lake At Cherry Lane #3) being processed concurrently on this agenda. The intra -neigh- borhood connecting streets do not match and the project engi- neers will be required to coordinate the .layout of the two projects so that there is a connecting public street. Staff prefers a connection in the vicinity of Lochsa Place, or fur- ther west. 5. A stub street (Shervil Drive) is proposed to the east bounda- ry. This will be connected into a previously approved subdivi- sion (Englewood Creek Subdivision). 6. Staff recommends that no stub street be provided to the west boundary so as to prevent an east -west cut -through street parallel to Ustick Road.. 7. The District Traffic Services staff recommends that Iroquois Way be constructed with a 41 -foot street section (with 55 -feet. of right-of-way) in order to facilitate better turning move- ments for traffic exiting and entering from Ustick Road. A 4 -foot wide sidewalk width (minimum) and direct lot access to Iroquois Way will be allowed although the City of Meridian will probably require a minimum of 5 -foot sidewalk width for all the sidewalks in this project. 8. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on April 12, 1994. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45 -feet of right-of-way from the centerline of Ustick Road abutting parcel (20 additional feet). The owner will be compensated for this additional right -of -way -from. available impact fee revenues in this benefit zone. 2. Direct lot or parcel access to Ustick Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. PRELIMINARY PLAT - D TA RIDGE ESTATES • April 1, 1.994 Page 3 Delete the stub street connection of Tuscarora Drive to the south boundary and provide a stub street connection to meet the proposed stub street (Lochsa Drive) from The Lake At Cher- ry Lane #3 Subdivision. 4. Construct Iroquois Way with a 41 -foot foot street section with 4 -foot wide (minimum) sidewalks.from Ustick Road to the first intersection in the project. Dedicate a minimum of 55 -feet of right-of-way. There will be no lot access restrictions along this section of the street. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional. Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-12.15. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. b. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and. appropriate action by ACRD. The proposed drainage system shall conform to the requirements of Meridian. Road and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, PRELIMINARY PLATO DAKOTA RIDGE ESTATES April 1, 1994 Page 4 0 sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACHD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 1.2. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be in- stalled when -the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACRD for all street. and utility construction within.the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division.at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: AIR o �9�� IIIIII��I��tl�l:I'II e00000......•...■■'- x a i 0 06CL-WC (900 90LC9 040PI x8108 Z-0 -USS PI -0-3 619* Y/N .00I�.t iiNO SJouuojdpuo-j wjoAQAjnS wJoo UI6V3 - "�'° Vd sa.Lvioo88V aNV a0NV-1A0W ®r. rNOISIAmens aoam v1oxva 3� OC� 1.V -1d AWVN1W1-131:fd g n 8 3 s } F z 0 0 Z F)m (L M Ir ?p 0 22o apo Y J z w 0 0 z 0 1i W1 as Y•t Nu NM' ` S ¢± 1 i z 0 0 w (A W to S a 0 a F74941 -Z04+ - 01 W¢ a 0 g w z 3 0 l� 0 • SUBDIVISION EVALUATION SHEET RECEIVED Proposed Development Name DAKOTA RIDGE SUB City ME t1 Date Reviewed 3/24/94 Preliminary Stage XXXXX Final ray y of Engineer/Developer Rovlance & Assoc / Avenue One The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STS COCX-� I)AK-OTA klo4ff X06 U��Date The Street name comments listed beKO)k are made by th members of the ADA COUNTY STREET NAME COMMITTEE (under Wrection of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "W USTICK ROAD" The following new street names are approved and shall appear on the plat as: "W. IROQUOIS DRIVE" "N. HURON AVENUE" "N. HURON PLACE" "N. OJIBWAY PLACE" "W. TLIGIT STREET" "N. LOCHSA PLACE" "N TUSCARORA AVENUE" "N. TUSCARORA PLACE" "W. ETOWAH DRIVE" "N CHEROKEE AVENUE" "W PAHSIMER01 COURT" The street shown on the plat as "SHERVIL DR" is less than 150 feet from centerline to centerline of another proposed street and therefore shall be named: "W. ETOWAH DRIVE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. - ADA COUNTY STREET NAME COMMITTEE, AGENCY REVIQSENTATIVES OR DESIGNEES Ada County Engineer John Priester Val& Date / Ada Planning Assoc. Terri Raynor L4--- C`, ii Date `� � �`t Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed M! Subindex Street Index NUMBERING OF LOTS AND BLOCKS QP, gajA om • NW CORNER SECTION 3 S 89'08'44" E 2628.39' APR 07 '94 01:49PM CENTRAL C DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # reliminar Final / Short Plat DISTRICT H D r SHEET Health vislodRE— CEIVED APR 0 7 1994 Ail P.6 Reta n too. ❑ Boise ❑ Eagle ❑ Garden city aMeridian ❑ Kuna ❑ ACZ ❑ I. We have Objections to this Proposal. i ❑ 2. We recommend Denial of this Proposal ❑ 3. Specific knowledge as to the exact typeDf use must be provided before we can comment on this Proposal. [� 4. We will require more data concerning S oil conditions on this Proposal before we can comment [] 5. Before we can comment concerning Ind vidual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade I ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet II ❑ 4 feet i 7. After written approval from appropriate entities are submitted, we can approve this proposal for. ,& central sewage ❑ comunity sewage system ❑ community water well ❑ Interim sewage W cent I water 0 Individual sewage ❑ Individual water 6. The following pian(s) must be submitte I to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. ; id central sewage ❑ comr iunicy sewage system ❑ community water ❑ sewage dry lines 9q centr al water ❑ 9. Street Runoff is not to create a mosqui breeding problem. ❑ 10. This Department would recommend de erral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, hen a sewage system MUST be installed to meet Idaho State Sewage Regulations. I ❑ 12. We will require plans be submitted for a pian review for any. ❑ food establishment ❑ swimming pools or spas [] child care center ❑ beverage establishment ❑ Iry store 1 13. B� Dater Reviewed By: .n a Cci ay— 2. Q:o to i1 AArs �� ct CM IVOI rd, rev. I IM P To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection HUB OF TREASURE VALLEY JIM JOHNSON, P/Z RECEIT�MBERS OFFICIALS A Good Place to Live R N OLSMA JANIC L.GASS,City Treasurer JANICE L. GASS, City Treasurer MAR 0. CORRIE CITY OF MERIDIAN MAR 2 MAXYER .CORRN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. .MORROW #�- "` ` 33 EAST IDAHO IT•j,j TI Snistrator JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 8302 J► JIM JOHNSON W.L. "BILL" GORDON, Police Chief tt� Phone (208) 888-4433 • FAX (208) 887-4813 \\/! Fm Chairman • Planning & Zoning WAYNE G. CROOKSTON, JR., Attorney U V Public Works/Building Department (208) 887-22 v ` �� CORRIE, C/C GRANT P. KINGSFORD ` MAR 1994 _BOB WALT MORROW, C/C Mayor 8, MERIDIAN MAX YF_RRINGTON, C/C NAMPA DISTRICT uucc��N TRANSMITTAL TO AGENCIES FOR COMMENTS ON D�fUPMENT PROJECTS BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _BOB WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YF_RRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) DEPARTMENT CITY FILES _SEWER BUILDING DEPARTMENT FIRE DEPARTMENT OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation DEPARTMENT District's Rutledge Drain courses along the southwest _POLICE ATTORNEY corner of the project. The right-of-way of the Rutledge _CITY CITY ENGINEER Drain is 60 feet • 30 feet from the center each way. See CITY PLANNER Idaho Code 42- 1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POTS-EESSION The developer must contact John Anderson or Bill Henson at 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. This District requires that a Land Use Change/Site Development application he filpd for review prior to final platting Contact Donna Moore at 343-1894 or 466-7861 for further information. All laterals and waste ways must be protecred Municipal surface drainage must be retained on site If any surface drainage 1PavPs the C1 rP INamp a T. Capri n,nn Irrigation District must review drains3,ge plans Tr is racommanrlarl rhat irrigation _ water be made available to all developments within Nampa & Meridian Irrigation District. `Bill enson, Foreman, Nampa & Meridian Irrigation District 0 0 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 DRC/dnm cc: File Water Superintendent Avenue One City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Phones: Area Code 208 18 March 1994 OFFICE: Nampa 466-7861 Boise 343-1884 Roylance & Associates SHOP: Nampa 466-0663 4619 Emerald Street, Suite D-2 Boise 345-2431 Boise, ID 83706 RE: Land Use Change Application for Dakota Ridge Estates Dear Roylance & Associates: Enclosed please find a Land Use Change Application for your use to the above - file with the Irrigation District for its review on referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free or John Anderson, to call on Donna Moore at the District's office District's Water Superintendent at the District's shop. the Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Avenue One City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5. 1994 TRANSMITTAL DATE- 3/14/94 HEARING DATE.- 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY- Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use, RS CuRR4u7Gy S$4* W fa 00I PR eL # M # N RA y Pt,41r, Tim Adams T—st) A-, s Idaho Power 322-2047 44-40 0 • HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., easClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX W.MORRON ROBERT D. CORRIE WALT W. MORROW GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO ` ARI STILES Administrator ��JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 a oning JIM JOHNSON W.L. "BILL" GORDON, Police Chief JR., Attorney Phone (208)888-0433 • FAX (208) 887-4813 ADD O 6 n - Planning d Zoning APR WAYNE G. CROOKSTON, Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Cl-ry 01. 1,%Citill,fiAN Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5. 1994 TRANSMITTAL DATE- 3/14/94 HEARING DATE.- 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridge Estates BY- Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use, RS CuRR4u7Gy S$4* W fa 00I PR eL # M # N RA y Pt,41r, Tim Adams T—st) A-, s Idaho Power 322-2047 44-40 To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: Aaril 5.1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridqe Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: r •. - • r ■■; - • _� _ .� a_ HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place t0 Live RONALD R. TOLSMA WILLIAM G. BERG, JR.. T Cityeas Clerk JANICE L. GASS. City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. RR W WALT W. MORROW GARY D. SMITH, P.E. City Engineer SHARI STILES BRUCE D. STUART, Water works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 p Phone (208) 888 433 •FAX (208) 887j1813 Y e S c i JIM JOHNSON Chairman . Planning & Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD ij R Mayor �.:.�; ? iso.° T,�,•: er.r., TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS TRANSMITTAL WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: Aaril 5.1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Dakota Ridqe Estates BY: Avenue One and Roylance and Associates LOCATION OF PROPERTY OR PROJECT: 1/4 mile West of Ten Mile Road and Ustick road Intersection JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: r •. - • r ■■; - • _� _ .� a_ Meridian Planning & Zoning May 10, 1994 Page 7 Shearer: Second Johnson: It is moved and seconded to pass on a favorable recommendation to the City Council with conditions so stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR DAKOTA RIDGE ESTATES ANNEXATION AND ZONING REQUEST WITH A PRELIMINARY PLAT BY AVENUE ONE. Johnson: Any discussion or comments regarding these findings of fact as you ahavethem in front of you prepared by the City Attorney? What is your pleasure? Shearer: I move the Meridian Planning & Zoning hereby adopts and approves these findings of fact and conclusions of law. Alidjani: Second Johnson: It is moved and seconded that we approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Alidjani - Yea, Shearer - Yea MOTION CARRIED: All Yea Johnson: Any decision or recommendation, yes (Inaudible) Johnson: Annexation and zoning I think at this point, we have to address the preliminary plat separately, is that not true? I'm sorry we were in the middle of the favorable recommendation to the City Council. Shearer: I move that the Meridian Planning & Zoning Commission hereby recommend to the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the applicant and the owner be specifically required to tile all ditches, canals, waterways and install pressurized irrigation systems as condition of annexation and that the applicant meet all of the ordinances of the City of Meridian specifically including the development time 0 • A Meridian Planning & Zogwo May 10, 1994 Page 8 requirements and enter into the required development agreement and if the conditions are not set that the property be de -annexed. Alidjani: Second Johnson: It is moved and seconded to pass on a recommendation to the City Council as stated by Commissioner Shearer, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: We need to address the preliminary plat at this time. Shearer: Can we ask the engineer if there has been any changes to that since we received it? Roylance: No there hasn't been any changes, the only changes that were in flux last time we talked was to work with ACHD to make sure that our streets aligned with the project to the south. So, that is the only change that we are working out and that is being dictated by others more or less. Johnson: Any other questions for Mr. Roylance? Shearer: I move we approve the preliminary plat when the conditions are med changing the street alignment as requested. Rountree: Second Johnson: Its moved and seconded that we recommend approval of the preliminary plat (inaudible) stated by Mr. Roylance, ail those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CERAMIC GIFT SHOP BY MELODY FARNSWORTH: Rountree: Mr. Chairman, I make a motion that Meridian Planning & Zoning hereby adopts and approves the findings of fact and conclusions. Shearer: Second Johnson: It is moved and seconded to adopt the findings of fact and conclusions of • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 10, 1994 APPLICANT: DAKOTA RIDGE ESTATES AGENDA ITEM NUMBER: 4 «T'pill MT114, g3+1 11XA A EN Y COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION AVENUE ONE ANNEXATION AND ZONING A PORTION OF THE NW 1/4 NE 1/4, SECTION 3, T. 3N., R. 1W., B.M. DAKOTA RIDGE ESTATES MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through David Roylance, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 12, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 41.57 acres in size; the property is west of Ten Mile Road on Ustick Road. 3. That the property is presently zoned by Ada County as (RT) Rural Transition and the proposed use would be for R-4 Residential type development; that the Applicant states in his Subdivision application that the lots would be 8,000 square feet, that there would be 135 lots in the proposed subdivision; that the Applicant in its subdivision application states that the minimum square footage of home would be 1,500 square feet, that there would be 3.25 lots per acre, that there would only be single family homes, that all lots would be 8,000 square feet, and that sprinkling systems are provided for. 4. The general area surrounding the property is used agriculturally and residentially; that the residential property is developed in the R-4, Residential fashion. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property, but the owners are Leonard A. Ashenbrenner and Nadine Ashenbrenner; that the Ashenbrenners have not submitted a request or consent to this Application for annexation and zoning. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. • 9. That the Application requests that the parcel be annexed and zoned R-4 Residential; that the present use of the property is for agriculture; that the intended development of the property is for an R-4 subdivision and the subdivision Application states the density would be approximately 3.25 dwelling units per acre. 10. The Applicant's representative addressed the questions of Gary Smith, City Engineer, and such responses are incorporated herein as if set forth in full as are the comments of Gary Smith. 11. That comments were received from the Meridian Police Department, Fire Department, Meridian School District, Ada County Street Name Committee, Central District Health Department, Nampa & Meridian Irrigation District, and Idaho Power Company; that there comments are incorporated herein as if set forth in full. 12. There were two people testifying at the hearing; Beverly McKay was concerned about the traffic on Ustick Road; Gary Johnson did not object but wanted it on the record that he has a family farm in the area and that from the farm there is dust and they apply sprays, which could be objectionable, and he just wanted the people to know that they did those types of things. 13. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 14. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 15. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 16. That the property can be physically serviced with City water and sewer. 17. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 18. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family, multi -family, townhouses, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." 19. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . 20. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service • Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 21. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: 111.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi -family, townhouses arrangements), ." 1'1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 22. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. 23. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 24. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. • 25. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 26. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to.its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. • 0 27. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 28. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 29. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 30. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1.. To preserve openness; 2. To interconnect park and open space systems within rights • of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially. waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 32. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicvcle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 33. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant"to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, which is not the titled owner, and the annexation is not upon the initiation of the City of Meridian; that the annexation should be denied if the owner's.request or consent to annexation and zoning is not filed with the City prior to the hearing before the City Planning and Zoning Commission. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. ' That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set - asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss of City services, if the requirements of this paragraph are not met. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions and at the public hearing, and of the Ada County Highway District, if submitted, Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, and the prior comments of the Meridian Planning Director reference herein, shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de -annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de -annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant shall be require#d to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de -annexation and loss Of City services, if the requirements of this paragraph are not met. • 0 14. That the house size representation of 1,500 square feet must be met. 15. That proper and adequate access to the property is available and will have to be maintained. 16. That these conditions shall run with the land and bind the applicant and its assigns. 17. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 18. That if these conditions of approval are not met the property shall be subject to de -annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED� VOTEDS VOTED DECISION AND RECOMMENDATION The"Meridian Planning and Zoning Commission hereby recommends to the City Planning and Zoning Commission of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to tile all ditches, canals and waterways and install a pressurized irrigation system as conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property be de -a nexed. MOTION: APPROVED: DISAPPROVED: i Meridian Planning & Zoning April 12, 1994 Page 10 doing that we will lose some acreage and I guess in attempting to make up for that the lots might be a little bit smaller and that is the request for the R-8, it will not be 8 units to the acre. Probably more on the order of 3.5 to 4 per acre. I think the density trade off there is the reason for requesting the R-8 zone. As to a minimum home size, I don't know. I have to be honest I don't know what your minimum requirement for a home size on an R-8 or under this particular circumstance wouldn't want the r-8 to apply necessarily because as I say to will be much greater than that, but I don't know what the minimum is. Smith: My understanding would be that it would be a requirement at the time of preliminary plat. Johnson: It would be, this is just annexing and zoning. Tanner: I simply would state that I wold want to put in a quality project and be consistent with the neighborhood in the area and what we do we try to do in a quality way. And so I will make that statement to the Commission. Johnson: You may wish to review the actual conditions put on those neighboring subdivisions that that you are aware when you submit your preliminary plat kind of what we are looking for. Than you, this is a public hearing, anyone from the public like to address the Commission on this application? Seeing none then I will close the public hearing. Need findings of fact. Shearer: I move we have the Attorney prepare findings of fact and conclusions of law for this project. Rountree: Second Johnson: We have a motion for the City Attorney to prepare findings of Fact and Conclusions of Law for Brighton Corporations application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES BY AVENUE ONE AND ROYLAN€E AND ASSOCIATES: Johnson: I will now open the public hearing, is there a representative of Dakota Ridge Estates, will you please come forward and address the Commission at this time. 7 - Meridian Planning & Zoning April 12, 1994 Page 11 • David Roylance, 4619 Emerald, Boise, was sworn by the Attorney. Roylance: Dakota Ridge is located about a 1/4 of a mile west of the intersection of Ten Mile and Ustick Road on the south side of Ustick. This is a 135 lot residential development. We propose City Water, city sewer, standard underground utilities and Ada County Highway District public streets. We have done a traffic study as requested by ACHD and that has been turned into them and they have approved it about 2 weeks ago. Could I answer any questions? Johnson: I will start with the letter from our Planning Administrator, have you had an opportunity to review that? Roylance: Yes, sir I have. Johnson: There is a recommendation there that it should be resubmitted. Roylance: I don't know that the issues are that significant. If that is what it takes, I could respond to these things. I don't know that it is significant enough to warrant a resubmittal. Johnson: Let me tell you where we are at, we do not have any comments from ACRD. Often times those are critical to what we do. That coupled with her recommendation kind of leads of towards perhaps not hearing this tonight. If you would like to address these items that she, these 4 paragraphs, the Commission would appreciate that. Roylance: Okay, regarding ACHD we have met with ACHD and we are working with the developers of the Lake at Cherry Lane I believe it is called to the south. So, regarding all of the street issues, that is should there be a stub street to the west or to the south and should we connect with the adjoing subdivision. Which the answer is yes we should. All of that is currently being worked out with ACHD and the developers to the south and it is pretty much decided. There are a few minor things to iron out with them and that should be the end of that. I don't think that is real significant. That is probably why you don't have a letter from ACRD. We have been to their tech review meetings and we have modified our plat to accommodate their requests. And also to mesh with the subdivision to the south. Johnson: Was that meeting with ACHD is that a recent meeting? Roylance: Yes it was, it was about 2 weeks ago or something like that. Regarding the fire station and the park and the school, I don't know what really we are being Meridian Planning & Zoning April 12, 1994 Page 12 asked to do specifically in this letter. But our attitude is we would be happy to cooperate within reason to see a fire station in the area. I don't know what the next step would be but we realize that our project stresses the infrastructure and we would be happy to pay our fair share. We would like to not pay over our fair share but anything we can do to facilitate a fire station within reason we would like to do that. I don't know if it is appropriate right in a residential subdivision. I guess it can be done, but there may be another place to put it. It may be better to put a fire station in a park but yet still near Ustick Road. I think that might be more compatible than trying to tuck into a corner of the subdivision. We will cooperate on that issue. Regarding the Rutledge Lateral, we will put the easements on the plat and we will pipe and the the ditch as required by your ordinance. Regarding the pedestrian walkways, we will be happy to work with Shari and put them wherever you need them. Some of these I have been talking with Mike who has been doing some of the work here some of the conversations with Shari. And apparently maybe one of these pedestrian walkways has nothing to connect to. I think that is the one in Englewood, but in any event we are not opposed to putting in 3 connections where they are needed. I don't know that it would take a deferral to do that. We would be happy to put them where they would like them. Regarding Gary Smith's comments, I will go down those briefly if you would like. Johnson: Thank you Roylance: Number 1, 1 believe he is talking about our description in going to the center line of Ustick road, which that is typical it is farmland it is usually deeded to the center of the road. So, when we plat we will make a dedication to ACHD for the right of way on Ustick Road. And we do have the approved street names back, we submitted those to Gary just recently, I think today. Should a stub street be provided to the west, no I don't think so. ACHD didn't want one there so apparently according to ACHD they don't care to have one there. Can Ogibowe connect to the proposed stub from the Lake at Cherry Lane, yes it can. That is one of the details that we have been working out and have not resolved. Will Tuscora Drive be culdesaced since there isn't a proposed street stub from the Lake, yes it will. Number 6 talks about a 12 inch diameter water line on Ustick Road which we will do. And the lot dimensions and item 7 talks about deficiencies of the preliminary plat regarding frontage and other dimensional standards. That has all been corrected, there is plenty of room to make those adjustments on the preliminary plat. And we have done that. Number 8 says too much sewer line is being placed in a pathway in Block 2, can the street alignment be revised to eliminate the length? We can move, I would like to leave the street alignment where it is because it does have a pretty serious ripple effect on us if we move the street, it affects the lot layout of some of this. We can shorten that pathway by moving it slightly to the west and align it down to lot fines. And that Meridian Planning & Zoning April 12, 1994 Page 13 would be the same length that it will all ready have to go to on the south of our project that is 2 lot lengths to get into our project. So we can make that consistent with what is already being done. Number 9 talks about the Rutledge lateral and we will pipe that. The southwest corner and the westerly side of the project will take a temporary lift station to service that with sewer and we are planning to work with the development to the south, The Lake at Cherry Lane and share a lift station with them, a temporary lift station to sewer that part of the property. And we are in the process of establishing the highest seasonal groundwater. And just today we did submit an overall plan of the water system to Gary so he could look at the fire hydrants, the valving and street lights. I believe all of those issues have been addressed and they are fairly minor. Is there anything else I can answer? Johnson: Gary Smith, are you satisfied with those comments, is there anything you would like to add, is there anything unanswered? Smith: I just (inaudible) what they have said (inaudible). Johnson: Thanks Gary, any questions of Mr. Roylance? Hepper: I've got a question, would you address the entryway and landscaped berm on Ustick Road and what you plan to do there. Roylance: We plan to put a 20 foot wide landscape berm all the around Ustick right through here. (inaudible) it will be a raised berm, long and low growing. Hepper: Will there be a fence? Roylance: I don't know that we made that decision. I don't know that we are opposed to fencing. Hepper: Are you going to leave that up to the homeowners? Roylance: No, this would be installed by the developer, we don't want to leave it up to the homeowners because we want some consistency and continuity. Hepper: Yes that is what I was thinking, if you leave it up to the homeowners you would get different styles of fences. Roylance: And that is not our intent, it is our intent (inaudible). I don't know that I personally like the look of a fence, personally I like a mound and grass and vegetation springing up. • 0 Meridian Planning & Zoning April 12, 1994 Page 14 Hepper: But if you don't put up a fence then the homeowners will put up a fence in their backyard. And then you will have, you have 15 lots back there, you will have different styles of fences. Roylance: That is true, I think we should fence, I change my mind. Hepper: I agree. Johnson: Any other questions? Rountree: I would just like to point out on your fencing issue that you be consistent with the City Ordinance. Roylance: Okay, we will Rountree: What is the easement of the Rutledge Lateral? Roylance: It is 40 feet, it says in this documentation that it is 60 feet, but according to the recorded easement it is 40 feet. Rountree: So, the edge of the lot lines you show on your plat here would be outside of that easement? Roylance: Well, we could do it any other way. Rountree: My question is are those lots in Block 5 of sufficient size to meet the ordinance? (inaudible) for the Rutledge Lateral. Roylance: Yes, they are, they are 108 feet, 106 feet deep and 80 feet of frontage. So, they exceed the 8,000 square feet. Rountree: But there is no easement in that. Roylance: No there isn't that is just to the line, I'll show you on the plat. That is just to this line here. The easement comes in through here. These dimensions from here to here, we actually tiled this, which we now will. We will extend these out to here from the lot. Well, let me just say the lots as shown here exclusive of these are 105 feet to 101 feet and that is the minimum that they would be and when we tile that we will add an additional 40 feet to those dimensions although that additional 40 feet would be in an easement. We would use through a license agreement with Nampa & Meridian Irrigation District. So, in summary the lots exclusive of the easement do Meridian Planning & Zoning April 12, 1994 Page 15 meet the dimensional standards of the zone. Rountree: You kind of shied away from the second paragraph about this being due south of the City's sewer treatment facility. Roylance: Well, we can't move the plant. Rountree: Is there someway to alert potential homeowners in this area that it is not the City's responsibility for any problem that it might create them in the future if in fact a developer does get the go ahead to develop this into a subdivision. Roylance: Yes, we can work with you to figure out how to alert them. I don't think there is much we can do to mitigate the situation. It is there, I don't think fencing or screening or bigger berms is not really going to make a difference. But, public notification is important so for all of us and we will comply with that. Johnson: Any other questions? We may call you back, thank you. This is a public hearing anyone else like to address the Commission at this time please come forward. Beveraly McKay, 2381 Monaco Way, was sworn by the Attorney. McKay: I have a concern (End of Tape) about the amount of traffic you are putting on Ustick road. I see you just approved, you have looked at one, you have looked at another, we have already got 3 going up on Ustick. At one point in time are you going to take it into consideration that there is a lot of traffic on that road. And that it is a 50 mile an hour road and it doesn't look like you are going to widen it very soon in the future. And that if we are we need to make an easement there for the widening. Johnson: Okay is that your comment? McKay: I would like an answer on it. Johnson: Well, basically we are here to collect testimony, we appreciate your comment. Anyone else, yes sir. Gary Johnson, 4018 West Ustick, Meridian, was sworn by the Attorney. G. Johnson: First off that I would like to say that I am not opposed to this development. We have a family farm dairy just north of this proposed development. And I would just like to state for the public record that this is, we are zoned Rural Meridian Planning & Zoning April 12, 1994 Page 16 Agricultural, we have dust, flies. We spread manure, we have odors, noise all times of the day and night and spay planes. I would just like to say that I don't want to hear any complaints from the neighbors, I don't want to hear it. As far as the sewer plant goes, I think they would probably feel the same way. It does drift in the summertime, you will smell it and it is offensive. And I'm sure people think we are offensive too. But like I said I don't want to hear and I don't know maybe we could be a sign up that on the north side of Ustick that says behind this sign is rural agricultural and please excuse us for an inconvenience in the coming years and make them aware of what they are stepping in. That is the way I feel, we have always gotten along with our neighbors across the road and I hope that we get along with our neighbors in the future. That is all I have to say. Johnson: I have a question, would you elaborate on the spraying that caught my ear. G. Johnson: Well, there is aerial spray in the neighborhood for insects. Does that answer your question, they usually spray at night when there is not drift. They are careful, but it bothers people„ Johnson: What are they spraying for the record? G. Johnson: I couldn't tell you Johnson: Not the chemical, what kind of crop? G. Johnson: Oh, alfalfa, various insects on various crops. I am not up on that, I couldn't tell you. Johnson: Thank you, anyone! else from the public like to come forward? Seeing no one I will close the public hearing. Any comments from staff? What is your pleasure? Shearer: I move we have the Attorney prepare findings of fact and conclusions of law for this project. Hepper: Second Johnson: There is a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR MELODY MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 12 1994 APPLICANT: AVENUE ONE AND ROYLANCE AND AGENDA ITEM NUMBER: 5 ASSOCIATES REQUEST: ANNEXATION/ ZONING AND PRELIMINARY PLAT FOR DAKOTA RIDGE ESTATES AGENCY CITY CLERK: CITY EINGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: `1 1 i) j 9 L4 CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS US WEST: GjA�4 INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: __