Loading...
Kodiak Subdivision AZ 00-026 PARTIES: ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/14103 12:32 PM DEPUTY Michelle Turner RECORDED - REQUEST OF Meridian CUy AMOUNT .00 30 1111111111111111111111111111111111111 103137113 DEVELOPMENT AGREEMENT Revised July 11, 2003 (Ownership Change ftom Kodiak (Jim Jewett) to Bear Creek, LLC) 1. 2. City of Meridian Bear Creek, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 5#J day of ~6 ,2003, by and between CITY OF MERIDIAN, a municipal corporatIon the State ofIdaho, hereafter called "CITY", and BEAR CREEK, LLC, an Idaho Limited Liability Company, hereinafter called "OWNERJDEVELOPER", whose address is P.O. Box 344, Meridian, Idaho 83680. 1. RECITALS: 1.1 WHEREAS, "Owner/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. §67-65l1A, Idaho Code, provides that cities may, by ordinance, require or pennit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "OwnerlDeveloper" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of R-8 Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "OwnerlDeveloper" made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ-OO-O26) - 1 1.6 1.7 1.8 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 3J;:! day of ~ 2001, 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 WHEREAS, the "Findings" require the "Owner/Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/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 "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 tenus 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 fÌ"om government subdivisions providing services within the planning jurisdiction and fÌ"om 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 Ordinances codified in Meridian City Code Title II and Title 12. DEVELOPMENT AGREEMENT (AZ-OO-O26) - 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 ofthis 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 "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 ofthe State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNERIDEVELOPER": means and refers to Bear Creek, LLC, an Idaho Limited Liability Company, whose address is P.O. Box 344, Meridian, Idaho 83680, 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 4.2 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 possible planned unit development. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" is required to submit to "City" an application for conditional use permit, and shall be required to obtain the DEVELOPMENT AGREEMENT (AZ-OO-O26) - 3 "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". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 6.1 6.2 6.3 6.4 6.5 6.6 6.7 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion ofthe parcel shall require extension ofthe future Black Cat Trunk Sewer. The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. A condition of the Development Agreement shall be that the build-out gross density of the entire S.4-acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, tronting Kuna-Meridian Road, is designated to sewer into the l2-inch sewer that shall be extended trom Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at DEVELOPMENT AGREEMENT (AZ-OO-O26) - 4 build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp ofI-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20,2001, as follows: 6.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be tenninated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owner/Developer'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: "Owner/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: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/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 DEVELOPMENT AGREEMENT (AZ-OO-O26) - 5 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 "Owner/Developer", "OwnerIDeveloper'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 tenus 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 "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", 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 ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrwnent 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 "OwnerIDeveloper", or by any successor or successors in title or by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "OwnerIDeveloper" shall have thirty (30) days after delivery of notice of said breach to correct the same prior DEVELOPMENT AGREEMENT (AZ-OO-O26) - 6 to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the perfonnance of any covenant to be perfonned hereunder by either "OwnerlDeveloper" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such perfonnance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfonnance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § I 2-5-3, to insure that installation ofthe improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "OwnerlDeveloper" 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 "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ-OO-O26) - 7 CITY: OVfNERlDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Bear Creek, LLC, an Idaho Limited Liability Company P.O. Box 344 Meridian, Idaho 83680 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as detennined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, tennination 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 tenn, condition and provision hereof, and that the failure to timely perfonn any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perfonn. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence oftennination of this Agreement if "City", in its sole DEVELOPMENT AGREEMENT (AZ-OO-O26) - 8 and reasonable discretion, had detennined that "Owner/Developer" has fully perfonned 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 "Owner/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 "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 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-OO-O26) - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BEAR CREEK, LLC, an Idaho Limited Liability Company Attest: BYÝ70 t /::;: BY: BY RESOLUTION NO. - CITY OF MERIDIAN Attest: B~~ -(ïtm"",1;. de/t.Ju.td -Cih¡ C<¥(Ilc:,.L ¡J,eJ/deh-1 "",I""" ""111111 ",,~~ of M~/O/ 111// "A', ""1. 'l j' V" ;;&P~ 1:. 11- ~ ~ ~~-<- i" v ~ DEVELOPMENT AGREEMENT (AZ-OO-026) - 10 STATE OF IDAHO) :ss COUNTY OF ADA ) On this f)-H-t day of .lttiO¡su..p¡t- , in the year 2003, before me, ~.lM¥Y\ SYr\.À.-Hv a Notary Public, personally appeared ~ Y PW"tJ\.vvt$:ðVl-> and - members of Bear Creek, C, an Idaho Limlted Liablllty Company, known or IdentIfied to me to be one of the members of the Limited Liability Company who executed the instrument and the member who subscribed said Limited Liability Company and acknowledge to me that such Limited Liability Company having executed the same. (SEAL) ..~N..... ,¥4ft. : \ : "...~~~.j,/ ...~~OP1t!f"..' ..u... STATE OF IDAHO) :ss County of Ada ~haAA1 ~ Notary Public for Idaho Commission expires: tf- 2 rg~o5 Z:\ Work\M\MeridianlMeridian 15360MlKodiak AZO261DevelnpAgr.doc DEVELOPMENT AGREEMENT (AZ-OO-O26) - 11 EXHIBIT A Le!!al DescriDtion OfProDertv A parcel ofland located in the NE \4 of the SE \4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the northeast comer of the SE \4 (East \4 comer) of Section 24, T.3N., R. lW., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE \4 to a point on the westerly right of way of the Kuna-Meridian Highway; Thence S 00°39'02" W 185.77 feet along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89°27'12" W 395.98 feet to the REAL POINT OF BEGINNING of this description; Thence N 89°27'12" W 821.92 feet to a point on the west line of the NE \4 of the SE \4; Thence S 00°45'52" W 95.51 feet along said west line to a point; Thence S 89°27'07" E 779.42 feet to a point; Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING ofthis description. This parcel contains 1.756 acres, more or less. EXCEPT: A parcel ofland located in the NE \4 of the SE \4 of Section 24, Township 3 North, Range 1 West ofthe Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of the SE \4 (East \4 comer) of Section 24, T.3N., R.1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE 1/4 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00°39'02" W 185.77 feet along said right of way to a point; DEVELOPMENT AGREEMENT (AZ-OO-O26) - 12 Thence N 87°08'00" W 32.35 feet to a point; Thence N 89°27'12" W 395.98 feet to a point; Thence N 24°42'55" E 9.61 feet to a point; Thence N 48°33'22" E 243.90 feet to a point; Thence N 85°28' 57" E 141.94 feet to a point on the north line of said SE \Oí; Thence S 89°27'07" E 102.05 feet to the REAL POINT OF BEGINNING ofthis description. This parcel contains 1.387 acres, more or less. DEVELOPMENT AGREEMENT (AZ-OO-O26) - 13 EXHIBIT B Findinl!:s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-OO-O26) - 14 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPUCATION OF HUBBLE ENGINEERING, THE APPLICATION FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR KODIAK DEVELOPMENT, LOCATED WEST OF MERIDIAN ROAD lh MILE SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO CJC 03-20-01 ) ) ) ) ) ) ) ) ) ) , ) Case No. AZ-OO-O26 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 February 20,2001, and continued until March 6, 2001 and March 20,2001, at the hour of 7:30 p.m., and Gary Smith. Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Jim Jewett, and no one appeared in opposition, 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 AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-O26) Page 1 FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 20,2001, and continued until March 6, 2001 and March 20, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (IS) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 20, 2001, and continued until March 6,2001 and March 20,2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and 'submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council talœs judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYHUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page 2 development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The propeny is approximately 5.4 acres in size and is located west of Meridian Road 1/2 mile south of Overland Road. The property is designated as Kodialc Development. 6. The owner of record of the subject property is the Jim Jewett, of Boise, Idaho. 7. Applicant is Hubble Engineering, Inc., of Meridian, Idaho. 8. The propeny is presently zoned by Ada County as RUT, and consists of Residential. 9. The Applicant requests the propeny be zoned as R-8. 10. The subject property is bordered to the north and west by R-4 residential zoning and subdivisions, to the south by the proposed Valley Shepherd Church, zoned R-8, and to the east by RUT Ada County zoning with a single family residential use and heavy truclc parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-O26) Page 3 II. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Plaruùri.gArea as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: a possible planned unit development. 14. The Applicant requests zoning of the subject real property as R-B which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major imponance that affect the consideration of this application. 16. Giving due consideration to the conunent 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: Adopt the Reconunendations of Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERlNG KODIAK DEVELOPMENT / (AZ-OO-O26) Page 4 16.1 The requested R-B zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 16.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 16.3 The prpposed R.B zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 16.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.5 A condition of the Development Agreement shall be that the build-out gross density of the entire S.4-acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 16.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 16.7 Approximately half of the subject parcel is designated to sewer into the Biack Cat Trunk wlúch shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12-inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road wlúch shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving FINDINGS OF FACT AND CONCLUSIONS OF lAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-O26) Page 5 sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84. As per P&Z Comnùssion and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak, Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 16.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 17. 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. 16, and all sub-parts, the econonùc welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 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 viånity, 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 FINDINGS OF FACT AND CONCLUSIONS OF lAW - AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-026) , Page 6 potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-B) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single-family residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoIÙng ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests subllÙtted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the FINDINGS OF FACT AND CONCLUSIONS OF lAW - AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-00-026) Page 7 Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and dearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real propeny 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 P . g Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of' omprehensive Plan, City of Meridian, adopted FINDINGS OF FACT AND CO CLUSIONS OF LAW- AND DECISION AND ORDER RANTING APPLICATION FOR ANNEXATION AND 20 NG/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / ( -00-026) Page 8 December 21,1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4A 4.2 4.3 4.4 4.5 4.6 The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. To ensure that growth and development occur in an orderly fashion in accordance ,with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-O26) Page 9 available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The wrung of Medium Density Residential District (R-B) is defined in the ZOIùng Ordinance at § 11-7-2 D as follows: (R-B) Medium Densio/ Residential District: The purpose of the R-B District is to pern:ût the establishment of single- and two-family dwellings at a density not exceeding eight (B) dwelling units per acre. This District delineates those areas where such development has or is li1œly 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 MwùcipaI water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a possible planned unit development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF lAW . 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY BUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-026) Page 8. 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 d~lopment 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. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or pennit, as a condition of the zoning. that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or pennitted, it shall be recorded in the office of the Ada County Recorder and shall talœ effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to, by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commiunent shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commiunent is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. FINDINGS OF FACT AND CONCLUSIONS OF lAW. II AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERlNG KODIAK DEVELOPMENT / (AZ-OO-O26) Page DEOSION AND ORDER NOW, 1}IEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 5.4 acres to Mediwn Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.4 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, 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 enter into a Development Agreement that provides in the event the conditions therein 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: Adopt the Recommendations of Plaruùng and Zoning and Engineering staff as follows: 3.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall FINDINGS OF FACT AND CONCLUSIONS OF IAW- 12 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATlON AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-O26) Page 3.5 3.6 3.7 allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 3.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 3.3 The proposed R-B zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 3.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. A condition of the Development Agreement shall be that the build-out gross density of the entire 5A-acre parcel shall not exceed four (4) dwelling units per acre, although housing types pernútted under the R-8 zone will be permitted. A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Pennit process. Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12-inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERlNG KODIAK DEVELOPMENT / (AZ-OO-O26) Page required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 3.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the rea! property which is the subject of the applìcation to (R-B) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Publìc 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW- 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-O26) Page NOTICE OF FINAL ACTION Please take notice that this is a fmal 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. "2 P. fj By action of the City Council at its regular meeting held on the c/?'-. day of ~ ,2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED~ MAYOR R°Bß/:T D. CORRIE (TIE BREAKER) DATED: - .3 - tJ / VOTED---=- FINDINGS OF FACT AND CONCLUSIONS OF LAW- 15 AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERlNG KODIAK DEVELOPMENT / (AZ-OO-O26) Page MOTION: ~---- APPROVED~ DlSAPPROVED:- BY:~Þ~ City Oerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ""."'<l11I1't (I' 'f a..... tft, ...",,~'Î 0 ""=r"~;r Dated: -1--3-&( ~ff,/<):f,::::J~,\,"i:;1i.,l 'à 'JI'. ",,'f \ .,., ~,~ l; .if' '~'~"'Ì'te1. /l/t .,~~ ~ (>¥ ,*$" """'~I'I."~\"~ Z:\ Woñc\M\Merid1aD\Meridian 1 S360M\KDdiak AZO26\AZFfCI.Orde<.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ-OO-O26) Page Mendlan City Council Meeting August 5. 2003 Page 3 0156 N. o. P. Q. H. Findings of Fact and Conclusions of Law for Approval: PP 03- 008 Request for Preliminary Plat approval of 89 building lots and 7 other lots on 34.52 acres in a proposed R-8 zone for proposed Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: I. Findings of Fact and Conclusions of Law for Approval: VAR 03-013 Request for a Variance to Meridian City Code 12-4-5 requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Birchstone Creek Subdivision by Centennial Development, LLC - northwest corner of West Ustick Road and North Black Cat Road: J. May 2003 Addendum to Development Agreement: (Touchmark Living Centers AZ 99-0021) I CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake VillaQe by Hummel Architects, P.A. - east of South Eagle Road on East Franklin Road: K. Development Agreement: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-S for a proposed Planned Development for proposed Bear Creek Subdivision No.6 (fka I approved as Kodiak Development) by Bear Creek LLC - west of Meridian Road one-half mile south of Overland Road: L. First Addendum to Exhibit "A" Legals of the Development Agreement: AZ 00-018 Valley Shepherd Church of the Nazarene: M. June 2003 Addendum to Development Agreement: AZ 99-010 Queenland Acres, Inc. and Bear Creek, LLC: Development Agreement: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-S, R-40, L-O, and CoG zones for proposed Paramount Subdivision by Paramount, LLC - west of North Meridian Road and north of West McMillan Road: Sewer and Water Main Easement for Lochsa Falls Subdivision: Sewer Main Easement for Havasu Creek Subdivision No.2: Sewer Main Easement for Havasu Creek Subdivision No.3: Meridian City Council Meeting August 5, 2003 Page 4 of 56 R. Water Main Easement for Creekside Arbour Phase 3: S. Approve Purchase of Lot in Castlebrook Subdivision No.1 for Black Cat Lift Station: T. Streetlight Agreement for Cedar Springs Subdivision No.2: u. Change Order No.1 for Well No. 24 Pumping Facilities - Irminger Construction: v. Approve Bills: De Weerd: Item Number 3, Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, with the exception of moving Items D, E, and F to 6-D, 6-E and 6-F on the regular agenda. Nary: Second, Bird: And for the Mayor to sign and the Clerk to attest on all proper papers. Nary: Second. De Weerd: Okay. There is a motion to approve the Consent Agenda, Mayor to sign and Clerk attest all appropriate papers. All those in favor say aye. Oh, I'm sorry. Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES. Item 4. Department Reports: A. Public Works Department: 1. Discussion of Silverstone Corporate Center Well Site, Well No. 23 - Brad Watson: De Weerd: Okay. Item 4. Department reports. Public Works, Brad, Watson: Thank you, Madam President, Council Members. I trust you have a copy of the memo that I wrote to you last week. There is really no new information, As I stated in that memo, it was my understanding from the April 22nd Pre-Council Meeting that you Meridian City Council October 14. 2003 Page 2 of 45 De Weerd: Uh-huh. Nary: With all of those changes as noted by you, I'd move to approve the agenda as published. McCandless: Second. De Weerd: Okay, It's been moved and seconded to approve the agenda as amended. I will go over those amendments one more time, just for everyone's information. Item 3- A will be tabled until October 21 st 3-D will be pulled to Item five on the regular agenda. Item seven will be continued for one week to October 21 st. Item 11 to October 21 sl. 12,13, and 14, as well, to October 21sl. It looks like we are going to have a full agenda already next week and then, Item 21 will be November 25th. All those in favor of Ihe motion say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Tabled from October 7,2003: Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: B. Approve minutes of September 23, 2003 City Council Regular Meeting: C. Approve minutes of September 23, 2003 Pre-Council Meeting: E. Water Main Easement for LDS Stake Center (McMillan and Linder): F. License Agreement with Nampa Meridian Irrigation District for LDS Stake Center (McMillan and Linder): G. License Agreement with Nampa Meridian Irrigation District for the Jackson Drain Pathway through Locust Grove Place Subdivision: H. Agreement for Professional Services for Meridian Development Corporation (MDC) Water Main Upgrades on East 2nd Street and Bower Street - Civil Survey Consultants: I. October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No.6 (fka / approved as Kodiak Development): Meridian City Council October 14. 2003 Page 3 of 45 Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda with the changes of 3-A being tabled to October 21st, 2003. 0, the resolution for Prosecutor / Criminal Legal Services, be moved to 5-0 on the regular agenda and would ask for the Council President and the Clerk -- to sign and the Clerk to attest on all proper papers and I'd move that we approve the Consent Agenda. McCandless: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda as amended. Mr. Clerk, roll call. Nary: Madam President, could I ask a question before we do that? De Weerd: Uh-huh. Mr. Nary. Nary: Since we moved item seven -- or tabled it to 10/21, is item I on the Consent Agenda, that appears to relate to the same development, is it okay to approve this or should we have moved that, too? That's the addendum to the development agreement regarding the same subdivision phase, so I didn't know -- De Weerd: Mr. Nichols? Nichols: Madam President, Members of the Council, that's correct. It should be moved. Nary: Okay. Bird: I will change my -- if the second -- McCandless: Second agrees. Bird: I will change to move item I on the Consent Agenda to 10/21/03. De Weerd: To 10/21/ 03? We were pulling 0 to Item five. Bird: But that's got to go along with Item number seven, which is going on the regular -- De Weerd: Okay, Thank you. Mr. Clerk. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Meridian City Councii October21,2003 Page 2 of 68 G. H. I. J. B. Tabled from October 14, 2003: Resolution No. Approving the Memorandum of Understanding with Meridian Firefighters Local 2311 regarding Wages: C. Tabled from October 14, 2003: October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No.6 (fka / approved as Kodiak Development): D. Findings of Fact and Conclusions of Law for Approval: VAC 03-005 Request to vacate 29 feet of right of way along the alignment of Venable Lane for Cedar SprinQs No.3 by Howell Murdoch Development, Corp. - west of North Meridian Road and north of West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: CUP 03-038 Request for a Conditional Use Permit for a tri-plex in an R- 15 zone for Trov Palmer Tri-Plex by Troy Palmer - 1236 East 2 % Street: F. Findings of Fact and Conclusions of Law for Approval: CUP 03-040 Request for a Conditional Use Permit for a Planned Development for shell and core for multi-floor medical office building in an L-O zone for Meadow Lake Villaqe Medical Office by Hummel Architects, P.A. - east of North Eagle Road and south of East Franklin Road: Findings of Fact and Conclusions of Law for Approval: AZ 03- 017 Request for annexation and zoning of 6.00 acres from RUT to R-4 zones for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: Findings of Fact and Conclusions of Law for Approval: PP 03- 022 Request for Preliminary Plat approval of 14 building lots and 3 other lots on 6.00 acres in a proposed R-4 zone for proposed Parkway Subdivision by Six Point Development, LLC - 355 West Ustick Road: Development Agreement: AZ 03-016 Request for annexation and zoning of 80.51 acres from R-1 to CoG zones for proposed Silverstone Business Campus by Sundance Investments - southeast corner of East Overland Road and South Eagle Road: Development Agreement: AZ 03-014 Request for annexation and zoning of 33.25 acres from RUT to R-8 zones for proposed Meridian City Council October 21,2003 Page 3 of 68 Tuscany VillaQe by Tuscany Development, Inc. - south of East Victory Road and west of South Locust Grove Road: K. Development Agreement: AZ 03-013 Request for annexation and zoning of 79.77 acres from RUT to R-8, CoG and L-O zones for proposed Kelly Creek Subdivision by Kevin Howell Construction - northwest corner of North Linder Road and West McMillan Road: L. Water Main Easement for the Sonoma Square Building in Bonito Subdivision - Kimball Properties Limited: M. Acknowledgement of Judges and Clerks for November 4, 2003 General Election as submitted by Elections Coordinator Lova June Pack: De Weerd: Item three is the Consent Agenda. Please note on item B, the resolution number is 03-415. Bird: Madam President? De Weerd: Mr. Bird. Bird: I'd move that we approve the Consent Agenda, including resolution number 03- 415 and for the President of the Council to sign and the, Clerk to -- Deputy Clerk to attest all papers that need be. Nary: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda as stated, Or Consent Agenda. Mrs. Deputy Clerk -- Sharon, will you call roll. Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea. MOTION CARRIED: ALL AYES. Item 4: Department Reports: De Weerd: Okay. Item four does not show any department reports, Are there any? Item 5: (Items Moved from Consent Agenda) De Weerd: Okay. We did not move any items from the Consent Agenda for item five. Item 6: Continued from October 14, 2003: Ordinance No. Amending Ordinance 03-1033 Correcting the legal description for AZ