Trailway Park Subdivision AZ 03-010
PARTIES:
1.
2.
3.
3{f(}
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IOAHO 09/05103 03:10 PM
DEPUTY Bonnie Oberbillig
RECORDED-REOIJEST OF
Meridian City
~~~_Nr .00
DEVELOPMENT AGREEMENT
1111111111111111111111111111111111
103151664
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City of Meridian
Raleigh and Dieuw Hawe, Owner
Hillview Development Corporation, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this IC¡& daYOf~.f ,2003,byandbetweenCITYOF
MERIDIAN, a municipal corporatlon fthe State ofIdaho, hereafter called "CITY', and
RALEIGH AND DlEUW HA WE, whose address is 530 E. Blue Heron Lane, Meridian,
Idaho 83642, hereinafter called "OWNERS", and HILLIVEW DEVELOPMENT
CORPORATION, whose address is ISO E. Aikens, Eagle, Idaho 83616, hereinafter called
"OWNERIDEVELOPER".
1.
RECITALS:
1.1
WHEREAS, "OWNERS" and "OWNER/DEVELOPER" are the
sole owners, in law and/or equity, of certain tract ofland in the
County of Ada, State ofIdaho, described in Exhibit A for each
owner, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the
"Property"; and
1.2
WHEREAS, lC. § 67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owners" or "OwnerlDeveIoper" make a written
commitment concerning the use or development of the subject
"Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owners" and "OwnerlDeveloper" have submitted
an application for annexation and zoning of the "Property's"
described in Exhibit A, and has requested a designation of (R-8)
Medium Density Residential District, (Municipal Code of the City
of Meridian); and
DEVELOPMENT AGREEMENT (AZ-03-01O) - 1
1.5
1.6
1.7
WHEREAS, "Owners" and "Owner/Developer" made
representations at the public hearings both before the Meridian
Planning & Zoning Commission and before the Meridian City
Council, as to how the subject "Property" will be developed and
what improvements will be made; and
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
WHEREAS, City Council, the 2.'2.~ day of 3lA.Lt:\ ' 2003, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
1.8
WHEREAS, the Findings require the "Owners" and
"Owner/Developer" to enter into a development agreement before
the City Council takes final action on annexation and zoning
designation; and
1.9
"OWNERS" and "OWNERIDEVELOPER" deem 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
1.9
WHEREAS, "City" requires the "Owners" and
"Owner/Developer" to enter into a development agreement for the
purpose of ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the terms
and conditions of this development agreement, herein being
established as a result of evidence received by the "City" in the
proceedings for 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
amended Comprehensive Plan of the City of Meridian adopted
DEVELOPMENT AGREEMENT (AZ-O3-010) - 2
August 6, 2003, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title II
and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1
3.2
3.3
3.4
"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
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNERS": means and refers to Raleigh and Dieuw Hawe,
whose address is 530 E. Blue Heron Lane, Meridian, Idaho 83642,
the parties developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"OWNERIDEVELOPER": means and refers to Hillview
Development Corporation, whose address is 150 E. Aikens, Eagle,
Idaho 83616, the party developing said "Property" and shall
include any subsequent owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parceI(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8, attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
DEVELOPMENT AGREEMENT (AZ-O3-O10) - 3
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (D) which are herein specified as follows:
Construction and development of a planned development
consisting of One-hundred and Forty-five Single-family detached
lots and Sixteen Single-family attached lots, one
"Neighborhood" park and Twenty-three common lots in
proposed R-8 zone.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
S. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"OwnerlDeveIoper" have submitted to "City" an application for conditional use permit,
and shall be required to obtain the "City's" approval thereof, in accordance to the City's
Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the
"Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owners" and "OwnerlDeveloper" shall develop the "Property" in
accordance with the following special conditions:
A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as
follows:
1.
Remove any existing domestic wells and/or septic systems within this project
from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.
The following are addressed within this Development Agreement: pathway
standards and fencing requirements for the pathway and micropaths.
B.
Adopt the Recommendations of the Ada County Highway District as follows:
1.
Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public
right's-of-wayroad trust deposit for one-half of a 29-foot street section with
DEVELOPMENT AGREEMENT (AZ-O3-01O) - 4
2.
3.
4.
curb, gutter and 5- foot concrete sidewalk, provide 24- feet of pavement as
well as the appropriate amount of fill required to fill the Jackson Drain on
Blue Heron Lane (from the west property line to Eureka Avenue.)
Construct East James Court (from the West property line to North Eureka
Place) as a 40-foot street section with vertical curb, gutter and S-foot concrete
sidewalk within 60-feet of right-of-way, as proposed.
Construct East James Court (from North Eureka Place to East Cougar Drive)
as a residential collector with a 36-foot street section with vertical curb,
gutter and a detached 4-foot concrete sidewalk (within an easement) within
50-feet of right-of-way, as proposed. Front on housing and parking is
prohibited on this roadway.
Construct the internal roadways as 36-foot street sections with curb, gutter
and sidewalk within 50-feet of right-of-way, as proposed. Construct as-foot
attached on the majority of the internal roadways, with the exception ofa4-
foot detached sidewalk on East Cougar Drive (from East Chateau Drive to
East Blue Heron Street), James Court (from North Eureka Avenue to East
Cougar Drive) and East Chateau Drive (from East Cougar Drive to North
Grouse Avenue), as proposed.
5.
Extend East James Court from the west property line approximately 430-feet
north of the south property line, as proposed.
6.
Extend East Willow Brook Drive from the east property line approximately
IOO-feet north of the south property line, as proposed.
7.
Extend Blue Heron Street from the east property line approximately 100- feet
south of the north property line, as proposed.
8.
Extend Capecod Way from the north property line approximately 370-feet
west of the east property line, as proposed.
9.
Extend North Eureka Avenue from the North property line approximately
IOo-feet east of the west property line, as proposed.
10.
Extend Blue Heron Lane from the west and north property lines, as proposed.
II.
Construct one cul-de-sac turnaround at the north end of Eureka Place, as
proposed. Provide a minimum turning radius of 45-feet.
DEVELOPMENT AGREEMENT (AZ-O3-010) - 5
12.
13.
Construct two knuckles within the subdivision, as proposed. The design shall
be reviewed and approved by ACHD's Development staff.
Any proposed landscape islandslmedians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
14.
Direct lot access to the segment of James Court (from the west property line
to Cougar Drive) is prohibited.
15.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
2.
1.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
All utility relocation costs associated with improving street frontages abutting
the site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator
at 387-6258 (with file numbers) for details.
s.
All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance
of building permit (or other required permits), which incorporates any
required design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
DEVELOPMENT AGREEMENT (AZ-O3-010) - 6
c.
8.
9.
approval for occupancy.
Payment of applicable road impact fees are required prior to building
construction in acoordance with Ordinance # 197, also known as Ada County
Highway District Road hnpact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE
(1-800-342-1585) at least two full business days prior to hreaking ground
with ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless
they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
II.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicantto comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest advises the
Highway District of its intent to change the planned use of the subject
property unless a waiver/variance of said requirements or other legal reliefis
granted pursuant to the law in effect at the time the change in use is sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.
That a fire-flow of 1,000 gallons per minute be available to service the entire
project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC
Appendix III-A.
2.
Operational fire hydrants and temporary or permanent street sigrrs are
required before combustible construction beings. UFC 901.4.2 & 901.3
3.
The location of the fire hydrants shall be approved by the Meridian Fire
Department and shall be submitted thru the Public Works Department.
4.
All radii shall be 28' inside and 48' outside radius.
DEVELOPMENT AGREEMENT (AZ-O3-010) - 7
S.
Provide an approved turnaround for all streets greater than ISO' in length that
have no outlet. This may be an issue during the phasing of the project.
D.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
E.
I.
Narnpa & Meridian Irrigation District requires a land-use change application.
All storm drainage must be retained on site. All lateral and waste ways must
be protected. The Developer must comply with Idaho Code #31-3905.
2.
Nampa & Meridian's Jackson Drain courses through the center of the
proposed project. The easement of the Jackson Drain must be protected and
any encroachment without approved plans and a signed license agreement is
unacceptable.
Adopt the action of the City Council taken at their July 8, 2003 meeting as follows:
1.
The applicant shall not be required to provide the 35' landscape buffer on the
west end of the property. The existing ponds adjacent to the property serve as
significant buffers from the meat processing facility.
2.
The applicant shall be required to build an asphalt pathway, according to the
Narnpa & Meridian Irrigation District standards or the Parks Department
standards, and pipe the drain through the pocket park within the middle
section of this amenity. The applicant shall be required to submit a plan to the
Planning and Zoning Department for approval of the playground equipment
or recreation equipment to be used for this amenity. Also, this pathway shall
be included within the plat notes that the pathway is for multi-use and not for
private access only. In the event that Nampa & Meridian Irrigation District
requires a License Agreement with the City for the pathway along the
Jackson Drain, the Homeowner's Association shall enter into an indemnity
agreement whereby it will assume the obligations of the City under the
License Agreement, and, defend and hold the City harmless from any liability
asserted for violation of, or arising out of, the License Agreement.
3.
The applicant shall be allowed to upgrade the existing pressure irrigation
pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation
District gives their written approval and the applicant submits said written
approval to the Planning and Zoning Department, which would then become
a regional pump station for Fothergill subdivision and the Trailway Park
Subdivision. The applicant shall also submit recommendation to the
DEVELOPMENT AGREEMENT (AZ-O3-O10) - 8
Planning and Zoning Department setting forth who will actually own and
maintain said pump station.
4.
Pertaining to the headgate, which is located on Mr. Fothergill's property, the
applicant shall work with the Nampa & Meridian Irrigation District to
determine if the headgate has a present purpose, or if it can be abandoned and
removed. Applicant shall work with neighbors to resolve this issue.
s.
The Watts Lateral, which courses through part of the project, is a user's ditch,
and Settler's Irrigation District is not requiring a separate lot but only that the
applicant shall pipe the ditch along the perimeter which courses through the
project, and to provide an easement for access for the District. The easement
width shall be as agreed upon between Settler's Irrigation District and the
applicant.
6.
Pertaining to the fencing requirements for the pathway and micro-paths
within this project, any lots that run with the pathway and/or micro-paths
shall either be an open vision fence or solid fencing with a maximum height
of four feet. The applicant shall submit a fencing plan to the Planning and
Zoning Department for approval.
7.
The revised plat for this project is dated June 27, 2003, and is hereby
approved.
8.
Comply with all the Preliminary Plat conditions (PP-03-011) and Conditional
Use Permit conditions (CUP-03-21) in the corresponding applications in this
project.
7. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owners" and "Owner /Developer" or "Owners" and
"OwnerlDeveloper's" heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development" of subject "Property" of this agreement within two
years of the date this Agreement is effective, and after the "City" has complied with the
notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ-O3-010) - 9
"Owners" and "OwnerlDeveIoper" consent upon default to the de-
annexation and/or a reversal of the zoning designation of the "Property" subject to and
conditioned upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owners" and "Owner/Developer" and if
the "Owners" and "Owner /Developer" fails to cure such failure
within six (6) months of such notice.
9. INSPECTION: "Owners" and "OwnerlDeveloper" shall, immediately
upon completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
10.
DEFAULT:
10.1
10.2
In the event "Owners" and "OwnerlDeveloper", "Owners" and
"OwnerlDeveIoper's" heirs, successors, assigns, or subsequent
owners of the "Property" or any other person acquiring an interest
in the "Property", fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owners" and
"OwnerlDeveloper" 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.
II. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners" and "OwnerlDeveloper's" cost, and submit proof of such recording to
"Owners" and "OwnerlDeveloper", prior to the third reading of the Meridian Zoning
Ordinance in 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
DEVELOPMENT AGREEMENT (AZ-O3-O10) -10
ordinance in connection with the annexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owners" and "OwnerlDeveloper", 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.
13.1
13.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owners" and "OwnerlDeveloper" 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.
In the event the performance of any covenant to be performed
hereunder by either "Owner" and "OwnerlDeveloper" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include,
without limitation, acts of civil disobedience, strikes or similar
causes, the time for such performance shall be extended by the
amount of time of such delay.
14. SURETY OF PERFORMANCE: The "City" may also reqnire surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code §I2-5-3, to insure that installation of the
improvements, which the "Owners" and "OwnerlDeveloper" agrees to provide, if
required by the "City".
DEVELOPMENT AGREEMENT (AZ-O3-01O) - 11
IS. CERTIFICATE OF OCCUPANCY: The "Owners" and
"OwnerlDeveloper" agree that no Certificates of Occupancy will be issued until all
improvements are completed, unless the "City" and "Owners" and "OwnerlDeveIoper"
have entered into an addendum agreement stating when the improvements will be
completed in a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and
accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian and the
"Property" shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the City of
Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNERS:
clo City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
RALEIGH and DIEUW HA WE
530 E. Blue Heron Lane
Meridian, Idaho 83642
with copy to:
OWNERIDEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
HILL VIEW DEVELOPMENT
CORPORATION
150 E. Aikens
Eagle, Idaho 83616
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
DEVELOPMENT AGREEMENT (AZ-03-0lD) - 12
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owners" and "OwnerlDeveloper" of the
"Property", each subsequent owner and any other person acqniring 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
"Owners" and "OwnerlDeveloper", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owners" and "OwnerlDeveIoper" has fully performed its obligations
under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and
"OwnerlDeveIoper" 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 "Owners" and "Owner /Developer" and "City", other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless
reduced to writing and signed by them or their successors in interest or their assigns, and
pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
DEVELOPMENT AGREEMENT (AZ-O3-010) -13
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-O3-01O) - 14
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
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BY 4
Raleigh a e
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BY: ð~~~
Dieuw Hawe
OWNERSillEVELOPEW
HILL VIEW DEVELOPMENT
CORPORATION:
Attest:
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DEVELOPMENT AGREEMENT (AZ-O3-01O) - 15
Attest:
CITY OF MERIDIAN
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STATE OF IDAHO)
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COUNTY OF ADA )
On this JJ-....! daYOf~ ,intheyear2003,before
me, ~' , '7Yi, Ä:tL..:h a Notary blic, personally appeared RALEIGH
HA WE IEUW HA WE, husband and WIfe, known or Identified to me to be the persons
who executed the instrument and acknowledged to me that they executed the same.
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DEVELOPMENT AGREEMENT (AZ-O3-OlO) - 16
STATE OF IDAHO)
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COUNTY OF ADA )
On this J¡t£ day of Avc;<.Js-7 , in the year
2003, before me, /5RA..IJL¥f 1<.. .8/SHOI' a Notary Public, personally appeared
..:Th4f'-5 /Vlee/a.A-- and iIJd.¡V'¡I/U) 0 i-It-t.7r
known or identified to me to be the P/¿Lgt/),(!ll'f and
II/œ ftðlJJl¡'/¡- of HILL VIEW DEVELOPMENT CORPORATION and
the persons who executed the instrument and acknowledged to me that they having executed
the same on behalf of said HILL VIEW DEVELOPMENT CORPORATION.
(S
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Notary P~or Idaho r
Residing at: &/<;6, 1/)
Commission expires: //-27 - 2.Pò?
STATE OF IDAHO)
:ss
County of Ada )
On this ß ní day of 8ffi~ , in the year 2003,
before me, a Notary Public, personally appeared obert D. Come and Wtlliam 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)
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Notary Public for Idaho
Residing at: A<k w~-ty .J:) oJw
Commission expires: 1- 28 -(9 ':5
DEVELOPMENT AGREEMENT (AZ-O3-006) - 17
EXHIBIT A
Lee:aI Description Of Proper tv
HILL VIEW 37 ACRES
A parcel ofland located in the NE \(, of the SW \(, of Section 6, T. 3N., R.
IE., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the \(, section comer common to Section 6 of said T.3N.,
R.IE., and Section I ofT.3N., R.l W., B.M., (from which point the
southwest corner of Section 6 of said T.3N., R. IE. bears South 00°25'30"
East, 2648.31 feet distant);
Thence from said \(, section comer, North 88°52'06" East, 1090.61 feet
(formerly described as North 89°34'50" East, 1090.53) on the east-west
mid-section line of said Section 6 to the northwest comer of the NE \(, of
the SW \(, of said Section 6, said point being the REAL POINT OF
BEGINNING;
Thence North 89°02'39" East, 1314.24 feet (formerly described as North
89°46'32" East, 1313.89 feet) on the east-west mid-section line of said
Section 6 to the center \(, section corner of said Section 6;
Thence South 00°24'00" East, 1301.12 feet (formerly described as South
00°20'01" West, 1301.12 feet) on the north-south mid-section line of said
Section 6 to the southeast comer of said NE \(, of the SW \(,;
Thence leaving subdivisional section lines and on the northerly and
westerly boundary line of that parcel of land as described in Deed
Instrument Number 96048180 of Ada County Records, for the following
three courses and distances:
Thence North 87°31 '30" West, 268.68 feet (formerly described as North
87°12' II" West, 268.67 feet);
Thence South 87°56'25" West, 836.43 feet (formerly described as South
88°15'43" West, 836.43 feet);
DEVELOPMENT AGREEMENT (AZ-03-006) - 18
Thence South 00°09' 18" East, 12.00 feet (formerly described as South
00°10'00" West, 12.00 feet) to a point on the southerly boundary line of
said NE 'l:í of the SW 'l:í;
Thence South 88°25'12" West, 212.42 feet (formerly described as South
88°44'30" West) on the southerly boundary line of said NE y., of the SW
'l:í to the southwest comer of said NE 'l:í of the SW 'l:í;
Thence North 00°17"0 I" West, 1315.49 feet (formerly described as North
00°12'43" West, 1315.57 feet) on the westerly boundary line of said NE y.,
of the SW 'l:í to the real point of beginning. Said parcel contains 39.15
acres more or less.
DEVELOPMENT AGREEMENT (AZ-O3-O06) - 19
, ,
EXHIBIT B
Findinl!s of Fact and Conclusions of La wI Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-Q3-006) - 20
BEFORE THE MERIDIAN CITY COUNCIL
CIC 07-08-03
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 39.15 ACRES
FOR PROPOSED TRAILW AY
PARK SUBDMSION, LOCATED
ON E. BLUE HERON ROAD,
NORTH OF FAIRVIEW ROAD AND
E. OF NORTH MERIDIAN ROAD,
MERIDIAN, IDAHO
HILL VIEW DEVELOPMENT
CORPORATION,
APPLICANT
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. AZ-03-010
. FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on July 8, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning
and Zoning Department, and Becky McKay, appeared and testified, and the City Council having
duly considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
I.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-65 II , and Meridian City Code §§ II-15-5 and II-I6-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles II and 12, Meridian City Code, 'and all current zoning maps thereof,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTJNG APPUCATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDMSION
(AZ-O3-01O)
PAGEl OF 19
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 39.15 acres in size and is located on E.
Blue Heron Road, north ofFairview Road and E. of North Meridian Road, Meridian, Idaho, all
within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area
as defined in the Meridian Comprehensive Plan.
4.
The parcel ofland is contiguous to the existing city limits of the City of Meridian.
s.
The owner of record of the subject property is Raleigh and Dieuw Hawe and
Hillview Development Corporation. The applicant is Hillview Development Corporation.
6.
The property is presently zoned RUT (Ada County).
7.
The Applicant requests the property be zoned as R-8 (Medium Density
Residential).
8.
The subject property is bordered to the north by a single-family residential
subdivision - R-8, to the south by a Mobile Home Park - R-8, to the east by single-family
residential subdivisions - R-4 and R-8, and to the west by a meat packing plant - RI and a
single-family residential subdivision - R-IS.
9.
The Applicant proposes to develop the subject property in the following manner:
A Planned Development consisting of One-hundred and Forty-five Single-family detached lots
and Sixteen Single-family attached lots, one "Neighborhood" park and Twenty-three common
lots.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDMSION
(AZ-O3-01O)
PAGE 2 OF 19
10.
The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Use - Neighborhood.
II.
There are no significant or scenic features of major importance that affect the
consideration of this application.
12.
The City Council recognizes the concerns of Wendel Bigham, Supervisor of
Facilities and Construction for Joint School District No.2, expressed in his letter dated April 24,
2003.
13.
Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows:
I.
Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
2.
A Development Agreement shall be required. The following shall be .addressed in
the Development Agreement: pathway standards and fencing requirements for the
pathway and micropaths.
B.
Adopt the Recommendations of the Ada County Highway District as follows:
I.
Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public right's-of-
way road trust deposit for one-half of a 29-foot street section with curb, gutter and S.
foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate
amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west
property line to Eureka Avenue.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDNISION
(AZ-03-01O)
PAGE 3 OF 19
II.
12.
13.
2.
Construct East James Court (from the West property line to North Eureka Place) as a
40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within
60-feet of right-of-way, as proposed.
3.
Construct East James Court (from North Eureka Place to East Cougar Drive) as a
residential collector with a 36-foot street section with vertical curb, gutter and a
detached 4-foot concrete sidewalk (within an easement) within 50-feet of right- of-
way, as proposed. Front on housing and parking is prohibited on this roadway.
4.
Construct the internal roadways as 36-foot street sections with curb, gutter and
sidewalk within 50-feet of right-of-way, as proposed. Construct a 5-foot attached on
the majority of the internal roadways, with the exception of a 4-foot detached
sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street),
James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau
Drive (from East Cougar Drive to North Grouse Avenue), as proposed.
5.
Extend East James Court from the west property line approximately 43 O-feet north of
the south property line, as proposed.
6.
Extend East Willow Brook Drive from the east property line approximately IOO-feet
north of the south property line, as proposed.
7.
Extend Blue Heron Street from the east property line approximately I OO-feet south of
the north property line, as proposed.
8.
Extend Capecod Way from the north property line approximately 370-feet west of the
east property line, as proposed.
9.
Extend North Eureka Avenue from the North property line approximately lOa-feet
east of the west property line, as proposed.
10.
Extend Blue Heron Lane from the west and north property lines, as proposed.
Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed.
Provide a minimum turning radius of 45-feet.
Construct two knuckles within the subdivision, as proposed. The design shall be
reviewed and approved by ACHD's Development staff.
Any proposed landscape islands/medians within the public right-of-way dedicated by
this plat shall be owned and maintained by a homeowners association. Notes of this
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDMSION
(AZ-03-01O)
PAGE4 OF 19
4.
s.
6.
7.
8.
9.
shall be required on the final plat.
14.
Direct lot access to the segment of James Court (from the west property line to
Cougar Drive) is prohibited.
15.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certifY all
improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
It is the responsibility of the applicant to verifY all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDMSION
(AZ-O3-01O)
PAGE 5 OF 19
C.
2.
3.
4.
s.
6.
7.
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground with ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
II.
Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
I.
One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to serve the entire project. Fire hydrants shall be
placed an average of 400' apart. I9~7 UFC Appendix Ill-A
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
Final approval of the fire hydrant locations shall be by the Meridian Fire Department,
which are submitted to the Public Works Department.
The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
AIl roads shall have a turning radius of28' inside and 48' outside.
Insure that all yet undeveloped parcels are maintained free of combustible vegetation
per section 1103.2.4 of the Uniform Fire Code.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 9D1.3
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1RAIL WAY PARK. SUBDNISION
(AZ-O3-010)
PAGE6 OF 19
D.
E.
3.
4.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1.
Nampa & Meridian Irrigation District requires a land-use change application. All
storm drainage must be retained on site. All lateral and waste ways must be
protected. The Developer must comply with Idaho Code #31-3905.
2.
Nampa & Meridian's Jackson Drain courses through the center of the proposed
project. The easement of the Jackson Drain must be protected and any encroachment
without approved plans and a signed license agreement is unacceptable.
Adopt the action of the City Council taken at their July 8, 2D03 meeting as follows:
1.
The applicant shall not be required to provide the 35' landscape buffer on the west
end of the property. The existing ponds adjacent to the property serve as significant
buffers from the meat processing facility.
2.
The applicant shall be required to build an asphalt pathway, according to the Nampa
& Meridian Irrigation District standards or the Parks Department standards, and pipe
the drain through the pocket park within the middle section of this amenity. The
applicant shall be required to submit a plan to the Planning and Zoning Department
for approval of the playground equipment or recreation equipment to be used for this
amenity. Also, this pathway shall be included within the plat notes that the pathway is
for multi-use and not for private access only. In .the event that Nampa & Meridian
Irrigation District requires a License Agreement with the City for the pathway along
the Jackson Drain, the Homeowner's Association shall enter into an indemnity
agreement whereby it will assume the obligations of the City under the License
Agreement, and, defend and hold the City harmless from any liability asserted for
violation of, or arising out of, the License Agreement.
The applicant shall be allowed to upgrade the existing pressure irrigation pump
station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives
their written approval and the applicant submits said written approval to the Planning
and Zoning Department, which would then become a regional pump station for
Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also
submit recommendation to the Planning and Zoning Department setting forth who
will actually own and maintain said pump station.
Pertaining to the headgate, which is located on Mr. Fothergill's property, the
applicant shall work with the Nampa & Meridian Irrigation District to determine if
the headgate has a present purpose, or if it can be abandoned and removed.
Applicant shall work with neighbors to resolve this issue.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING TRAIL WAY PARK SUBDIVISION
(AZ-03-01O)
PAGE 7 OF 19
s.
The Watts Lateral, which courses through part of the project, is a user's ditch, and
Settler's Irrigation District is not requiring a separate lot but only that the applicant
shall pipe the ditch along the perimeter which courses through the project, and to
provide an easement for access for the District. The easement width shall be as
agreed upon between Settler's Irrigation District and the applicant.
6.
Pertaining to the fencing requirements for the pathway and micro-paths within this
project, any lots that run with the pathway and/ormicro-paths shall either be an open
vision fence or solid fencing with a maximum height of four feet. The applicant shall
submit a fencing plan to the Planning and Zoning Department for approval.
7.
The revised plat for this project is dated June 27, 2003, and is hereby approved.
14.
It is found that the requested zoning designation, R-8, is harmonious with and in
accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which
designates the land to be "Mixed Use Neighborhood". The Comprehensive Plan also indicates that
the subject property should have a"Multi Use" pathway running north-south through the subdivision
along the Jackson Drain. Page 54 of the Comprehensive Plan addresses the issue of pathways and
states that they should be in compliance with the Parks and Recreation Comprehensive Plan (not yet
adopted) and that the pathway should be located "off street". The applicant has indicated that they
will construct a 10' asphalt multi-use pathway along the Jackson Drain. The Parks Department has
indicated that they will maintain the pathway if the applicant provides 5' of gravel on each side of
the pathway. If the applicant does not provide this configuration for the pathway the Parks
Department has recommended that the pathway be maintained by the Homeowner's Association
until the pathways to the north and south of the subdivision are completed and can be connected.
IS.
future.
It is not anticipated that the applicant intends to rezone the subject property in the
FJNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAILWAYPARK SUBDMSION
(AZ-03-OlO)
PAGE 8 OF 19
16.
It is found that the proposed single fanùly residential subdivision would be allowed
within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned
Development.
17.
It is found that the land to the north and east of the subject property has been
developed as residential subdivisions similar to the proposed subdivision. It is found that the
requested zoning designation of R-8 is harmonious with the recently approved adjacent
developments and should be rezoned as requested.
18.
It is found that the proposed use (single family residential) will not change the
existing (single family) or intended character (single family and mixed use) of the area.
19.
It is not anticipated that the proposed residential uses will be hazardous or disturbing
to future or existing neighbors.
2D.
It is found that the property to be annexed will or can be served adequately by all
essential public facilities and services.. Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them available to the
adjacent properties. The Fire Department has made the following recommendations:
Prohibit parking in the turnaround on Block 8 or place building envelopes on the plat
prohibiting the placement of structures in the rear oflots #23, 24, 25, 27, and 28. This is
recommended due to the proposed configuration of the turnaround which would make it
impossible for fire trucks to reach the homes on lots #23, 24, 25, and 27 if cars were parked
in the turnaround. By requiring building envelopes to restrict structures on the rear oflots
#23, 24, 25, and 27 the fire department would be able to ensure that their firefighting
equipment could reach the homes on these lots in the event of a fIfe.
Review of the ACHD, Police and Fire Department's comments concerning this
subdivision will provide further information regarding public services and facilities.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDMSION
(AZ-03-01O)
PAGE 9 OF 19
21.
It is found that there will not be excessive additional requirements at public cost for
public services and facilities and that the annexation and zoning will not be detrimental to the
community's economic welfare.
22.
It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is
recognized that traffic and noise will increase significantly upon build-out of the proposed
subdivision; however, it is felt that the amount generated will be detrimental to the public welfare of
the city.
23.
It is found that the subdivision's vehicular approaches off Blue Heron Lane, E. James
Court, E. Willow Brook Drive, and E. Blue Heron Street will not cause significant interference on
the surrounding public streets. Review ACHD comments concerning vehicular approaches and
traffic generation.
24.
The applicant is proposing to pipe a portion of the Jackson Drain which runs through
TrailwayPark Subdivision's proposed park. Meridian's Comprehensive Plan designates the Jackson
Drain as a creek that needs to be improved and protected. Any existing trees larger than 4" caliper
that are removed shall be mitigated for, per the Landscape Ordinance.
25.
It is found that services are available to the site and that the inclusion of a pathway
that will become a part of Meridian's pathway system makes the annexation of this property in
the best interest of the City.
26.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION
(AZ-03-01O)
PAGE 10 OF 19
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
27.
It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDMSION
(AZ-03-01O)
PAGE 11 OF 19
Resolution No. 02-382.
4.
The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance
at§ 11-7-2D as follows:
(R-8) Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAILWAY PARK. SUBDMSION
(AZ-03-01O)
PAGE 12 OF 19
I.
The applicant's request for annexation and zoning of approximately 39.15 acres to
Medium Density Residential (R-8), is granted subject to the terms and conditions of this Order
hereinafter stated.
2.
The application is for annexation and zoning of39.lS acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows:
I. Remove any existing domestic wells andlor septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells maybe used for non-domestic purposes such as landscape
irrigation.
2. A Development Agreement shall be reqnired. The following shall be addressed in the
Development Agreement: pathway standards and fencing requirements for the pathway
and micropaths.
8.
Adopt the Recommendations of the Ada County Highway District as follows:
I.
Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public right's-of-
way road trust deposit for one-half of a 29-foot street section with curb, gutter and 5-
foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate
amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west
property line to Eureka Avenue.)
2.
Construct EastJames Court (from the West property line to North Eureka Place) asa
40-foot street section with vertical curb, gutter and S-foot concrete sidewalk within
60-feet of right-of-way, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION
(AZ-O3-01O)
PAGE 13 OF 19
13.
14.
3.
Construct East James Court (from North Eureka Place to East Cougar Drive) as a
residential collector with a 36-foot street section with vertical curb, gutter and a
detached 4-foot concrete sidewalk (within an easement) within 50-feet of right- of-
way, as proposed. Front on housing and parking is prohibited on this roadway.
4.
Construct the internal roadways as 36-foot street sections with curb, gutter and
sidewalk within 50-feet of right-of-way, as proposed. Construct a 5-foot attached on
the majority of the internal roadways, with the exception of a 4-foot detached
sidewalk on East CougarDrive (from East Chateau Drive to East Blue Heron Street),
James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau
Drive (from East Cougar Drive to North Grouse Avenue), as proposed.
5.
Extend East James Court from the west property line approximately 430-feet north of
the south property line, as proposed.
6.
Extend East Willow Brook Drive from the east property line approximately IOO-feet
north of the south property line, as proposed.
7.
Extend Blue Heron Street from the east property line approximately I OO-feet south of
the north property line, as proposed.
8.
Extend Capecod Way from the north property line approximately 370-feet west of the
east property line, as proposed.
9.
Extend North Eureka Avenue from the North property line approximately IOO-feet
east of the west property line, as proposed.
10.
Extend Blue Heron Lane from the west and north property lines, as proposed.
II.
Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed.
Provide a minimum turning radius of 45-feet.
12.
Construct two knuckles within the subdivision, as proposed. The design shall be
reviewed and approved by ACHD's Development staff.
Anyproposed landscape islandslmedians within the public right-of-way dedicated by
this plat shall be owned and maintained by a homeowners association. Notes of this
shall be required on the final plat.
Direct lot access to the segment of James Court (from the west property line to
Cougar Drive) is prohibited.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING lRAILWAYPARK SUBDIVISION
(AZ-03-01O)
PAGE 14 OF 19
IS.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb; gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certifY all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance ofbuilding
pennit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verifY all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground with ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDMSION
(AZ-03-01O)
PAGE 15 OF 19
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
II. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiver/variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
C.
Adopt the Recommendations ofthe Meridian Fire Department as follows:
1. That a fire-flow of 1,000 gallons per minute be available to service the entire project.
Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction beings. UFC 901.4.2 & 901.3
3. The location of the fire hydrants shall be approved by the Meridian Fire Department and
shall be submitted thru the Public Works Department.
4. All radii shall be 28' inside and 48' outside radius.
S. Provide an approved turnaround for all streets greater than 150' in length that have no
outlet. This may be an issue during the phasing of the project.
C.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1.
Nampa & Meridian Irrigation District requires a land-use change application. All
storm drainage must be retained on site. All lateral and waste ways must be
protected. The Developer must comply with Idaho Code #31-3905.
2.
Nampa & Meridian's Jackson Drain courses through the center of the proposed
proj ect. The easement of the Jackson Drain must be protected and any encroachment
without approved plans and a signed license agreement is unacceptable.
D.
Adopt the action of the City Council taken at their July 8,2003 meeting as follows:
1.
The applicant shall not be required to provide the 35' landscape buffer on the west
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION
(AZ-03-01O)
PAGE 16 OF 19
7.
end of the property. The existing ponds adjacent to the property serve as significant
buffers from the meat processing facility.
2.
The applicant shall be required to build an asphalt pathway, according to the Nampa
& Meridian Irrigation District standards or the Parks Department standards, and pipe
the drain through the pocket park within the middle section of this amenity. The
applicant shall be required to submit a plan to the Planning and Zoning Department
for approval of the playground equipment or recreation equipment to be used for this
amenity. Also, this pathway shall be included within the plat notes that the pathway is
for multi-use and not for private access only. In the event that Nampa & Meridian
Irrigation District requires a License Agreement with the City for the pathway along
the Jackson Drain, the Homeowner's Association shall enter into an indemnity
agreement whereby it will assume the obligations of the City under the License
Agreement, and, defend and hold the City harmless from any liability asserted for
violation of, or arising out of, the License Agreement.
3.
The applicant shall be allowed to upgrade the existing pressure irrigation pump
station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives
their written approval and the applicant submits said written approval to the Planning
and Zoning Department, which would then become a regional pump station for
Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also
submit recommendation to the Planning and Zoning Department setting forth who
will actually own and maintain said pump station.
4.
Pertaining to the headgate, which is located on Mr. Fothergill's property, the
applicant shall work with the Nampa & Meridian Irrigation District to determine if
the headgate has a present purpose, or if it can be abandoned and removed.
Applicant shall work with neighbors to resolve this issue.
5.
The Watts Lateral, which courses through part of the project, is a user's ditch, and
Settler's Irrigation District is not reqniring a separate lot but only that the applicant
shall pipe the ditch along the perimeter which courses through the project, and to
provide an easement for access for the District. The easement width shall be as
agreed upon between Settler's Irrigation District and the applicant.
6.
Pertaining to the fencing requirements for the pathway and micro-paths within this
project, any lots that run with the pathway and/or micro-paths shall either be an open
vision fence or solid fencing with a maximum height of four feet. The applicant shall
submit a fencing plan to the Planning and Zoning Department for approval.
The revised plat for this project is dated June 27, 2003, and is hereby approved.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAILWAYPARK SUBDIVISION
(AZ-O3-01O)
PAGE 17 OF 19
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-8) Medium Density Residential District and Meridian City Code § 11-7-2.
5.
Subsequentto the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
2-2 Ylel
day of
xv 11
,2003.
ROLL CALL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION
(AZ-03-OIO)
PAGE 18 OF 19
COUNCILMAN KEITH BIRD
VOTED -----tl. ~
COUNCILWOMAN TAMMY deWEERD
VOTED ~
VOTED ~
COUNCILWOMAN CHERIE Me CANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED ~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: f)-ZZ-03
VOTED~
MOTION:
APPROVED:
x
/'
Attest:
BY~.Þ~ 9--- Dated: ?~ Zf---o 7
City Clerk
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION
(AZ-03-01O)
PAGE 19 OF 19
Mendlan Planning and Zoning Commission
June 5, 2003
Pg 1901100
Zaremba: i assume that's a happy move for you. Congratulations. It's not so happy for
us,
McKinnon: Sorry about the surprise.
Item 7.
Item 8.
Item 9.
Public Hearing: AZ 03-010 Request for annexation and zoning of 39.15
acres from RUT to R-8 (PO) for proposed Trailway Park Subdivision by
Hillview Development Corporation - east of North Meridian Road and
south of East Blue Heron Lane:
Public Hearing: PP 03-011 Request for Preliminary Plat approval of 161
building lots and 25 other lots on 39.15 acres in a proposed R-8 (PO) zone
for proposed Trailway Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue Heron
Lane:
Public Hearing: CUP 03-021 Request for a Conditional Use Permit for a
Planned Development for single-family residential use with reduced
setbacks, lot sizes, lot frontages, and house sizes in a proposed R-8 (PO)
zone for proposed Trailway Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue Heron
Lane:
Borup: Okay. Next item for Trailway Park Subdivision. We'd iike to -- we have three
hearings in conjunction with that project. We'd like to open Public Hearing AZ 03-010,
request for annexation and zoning of 39.15 acres from RUT to R-8, pianned
development for proposed Traiiway Park Subdivision by Hillview Development
Corporation. Also PP 03-011, request for Preliminary Plat approval of 161 building lots
and 25 other lots on the same 39.15 acres. Also CUP 03-012, request for a Conditional
Use Permit for a planned development for single family residential use with reduced
setbacks, lot sizes, lot frontages, house sizes, in a proposed R-8 PO zone for Proposed
Trailway Park Subdivision by Hillview Development Corporation. Again. we'd like to
open all three Public Hearings at this time and start with the staff report.
Kirkpatrick: Mr. Chairman, Members of the Commission, again, this is three
applications, an annexation and a Rezone of 39.14 acres. It is currently zoned RUT
and is located in the county. They are proposing a Rezone to R-8. The application aiso
consists of a Conditional Use Permit and a planned development for what will be 145
single family detached dwellings and 16 single family attached dwellings. There will be a
total of 161 buildable lots. The applicant is also requesting reduced lot sizes, reduced
frontage, reduced setbacks, reduced house sizes for the zone, and to exceed block
length requirements. They will -- this will be done through the planned development.
The property is located on East Blue Heron Road, north of Fairview Road, and east of
North Meridian Road. What I'm going to do, briefly, is go to what I think will be some of
the major issues that will come up while you discuss this application. These are things
that staff has asked for the applicant to change in order for staff to recommend approval
Meridian City Councit Meeting
July 8. 2003
Page 190f58
MOTION CARRIED: ALL AYES
Item 12.
Item 13.
Item 14.
Public Hearing: AZ 03-010 Request for annexation and zoning of 39.15
acres from RUT to R-8 (PO) zones for proposed Trailwav Park
Subdivision by Hillview Development Corporation - east of North
Meridian Road and south of East Blue Heron Lane:
Public Hearing: PP 03-011 Request for Preliminary Plat approval of
161 building lots and 25 other lots on 39.15 acres in a proposed R-8 (PO)
zone for proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue Heron
Lane:
Public Hearing: CUP 03-021 Request for a Conditional Use Permit for
a Planned Development for single-family residential use with reduced
setbacks, lot sizes, lot frontages, and house sizes in a proposed R-8 (PO)
zone for proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue Heron
Lane:
Corrie: Item Numbers 12, 13, and 14 are Public Hearings on Traiiway Park Subdivision.
One is AZ 03-010, a request for annexation and zoning of 39.15 acres from an RUT to
R-8 PO zones for the Trailway Park Subdivision. The second Public Hearing is the
Preliminary Plat approval of 161 iots -- building lots and 25 other lots on 39.15 acres.
And the third part is a CUP, request for Conditional Use Permit for a Planned
Development for single family residential use with reduced setbacks, lot sizes. front --
lot frontages and house sizes in a proposed R-8 PO zone for the proposed Trailway
Park Subdivision. With the Council's approval, we will open all three public hearings,
12, 13 and 14, and take testimony on all three of them and we will start out with staff
comments first.
Powell: Mr. Mayor, Members of the Council, as you can tell from the overhead, this is
an in-fill development. The property has no less than six stub streets, two from the
west, two from the north, and two from the east. There is an existing use here for a
meat packing faciiity that is still within the county and, then, this is the large in-fill project
that's before you tonight. Again, you can see the level of development. There is -- the
meat packing facility is here. This large piece of property is apartments. You also have
apartments in this area. Then, single-family homes in this area. These appear to be
mobile homes down here. One issue of concern that came up was the property owned
by the meat packing facility, which are these two properties. Forgive me, I'm not. -- I
can't recall if this is included as well, but these are the two properties. There is a lagoon
here and here. This is kind of the secondary lagoon this is the primary one, where they
do wash out their facilities. The effluent goes underneath and into this first lagoon here,
This is the proposed development. The drain comes through the property here
providing a constraint. In addition to all of the stub streets, there is the additional
constraint of having a drain -- a major drainage facility comes through the property, The
applicants have proposed some attached units to the west and the remainder of the
Meridian City Couneii Meeting
Juiy 22, 2003
Page 6 of 78
K.
Linder Road Water Line Extension Latecomer Agreement for
Farwest, LLC - Lochsa Falls Subdivision:
L.
Finance Report:
Corrie: Okay, The next item is the Consent Agenda and we noted that we are pulling
Items A -- or, excuse me, Items 4F, G, and H, to be on the items moved from the
agenda. Is there any other discussion on the Consent Agenda?
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move that we approve the Consent Agenda with the removal of F, G. and
H and authorize the Mayor to sign and Clerk to attest all appropriate papers.
Nary: Second.
Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda,
except for Items F, G, and H, which were removed to Item Number 6. Hearing none,
roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 5.
Department Reports:
Corrie: The next item is the department reports. Do we have any department reports at
this time?
Item 60
(Items Moved from Consent Agenda)
Go
F.
Findings of Fact and Conclusions of Law for Approval: AZ 03-
010 Request for annexation and zoning of 39.15 acres from RUT
to R-8(PD) zones for proposed Trailwav Park Subdivision by
Hillview Development Corporation - east of North Meridian Road
and south of East Blue Heron Lane:
Findings of Fact and Conclusions of Law for Approval: PP 03-
011 Request for Preliminary Plat approval of 161 building lots and
25 other lots on 39.15 acres in a proposed R-8(PD) zone for
proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue
Heron Lane:
Meridian City Council Meeting
September 2.2003
Page2of51
MOTION CARRIED: ALL AYES
Item 3.
Consent Agenda:
A.
Approve minutes of August 19, 2003 Pre-Council Meeting:
B.
Approve minutes of August 26, 2003 Pre-Council Meeting:
C.
Findings of Fact and Conclusions of Law to Amend Conditions
of Approval: FP 03.038 Request to amend conditions of
approval on the Final Plat for Packard Acres No.2 by the City of
Meridian - east of North Wingate Lane and south of East Ustick
Road:
D.
Development Agreement: AZ 03-010 Request for annexation
and zoning of 39.15 acres from RUT to R-8 (PO) zones for
proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue
Heron Lane:
E.
Sewer and Water Main Easements for Meridian School District
Bus Facility:
F.
Sewer and Water Main Easements for Cobre Basin Subdivision
No.1:
G.
Change Order No.1 for 2003 Sewer Cleaning - C.More Pipe:
H.
Agreement for Professional Services for Sewer Master Plan
Update - JUB Engineers:
I.
Approve Bills:
Corrie: Next we have the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk attest on all proper papers.
McCandless: Second.
Mendian City Council Meeting
September 2, 2003
Page 3 of 51
Corrie: Motion has been made and seconded to approve the Consent Agenda. A
through I. Any further discussion? Hearing none, roll call vote, Mr. Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye,
Corrie: All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 4.
Department Reports:
Corrie: The next is Department Reports. Is Kenny here tonight? I just wanted to make
sure that everybody is aware that the auditorium at the middle school. They want to
have a signed consent for two hours for October 9, 2003, for the Fire Department
academy graduation and everything was in order here, I believe, Mr. Nichols, that we
just need to have me sign it to allow them to have the academy graduation there. I don't
-- unless you have any objections to the signing.
Bird: No.
Corrie: All right. Thank you.
Nichols: Mr. Mayor?
Corrie: Yes.
Nichols: Mr. Mayor, Members of the' Council, this is a standard form agreement the
school district requires of every entity that uses their facility. It covers insurance,
janitorial, and those sorts of things and as often as we might use those facilities, it might
be, you know, a continuing type approval to do that, as long as it's nothing out of the
ordinary. I guess we might ask them -- of course, they no longer use this facility and I
don't think we have asked them to do it before when they have used this facility for their
meetings, so -- but they required it.
Corrie: Anything further on that, then? Okay. I don't know about Kenny, but thank you,
Item 5.
(Items Moved from Consent Agenda)
Corrie: Number 5 is items moved from the Consent Agenda. We haven't any,
Item 6.
Ordinance No. AZ 03-010 Request for
annexation and zoning of 39.15 acres from RUT to R-8 (PD) zones for
proposed Trailwav Park Subdivision by Hillview Development
Corporation - east of North Meridian Road and south of East Blue Heron
Lane: