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Devlin Place No. 2 RZ 00-008vy vJAN 03 '01 18:08 FR CIT`! OF MERIDIAN 208 884 4259 TO ?t393M P-02 0 RUEIZTEi Tl JAN - 4 20011) City of Meridian RZ 00-008 Request for Rezone of 5.17 acres from L -O to R-4 by JUB Engineers %,�Y Clerk Office proposed Devlin Place No. 2 - south of Devlin Place between Sunburst Subdivision and Sumybrook Farms: PP -00-025 Request for Preliminary Plat approval for 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone by RM Engineers for proposed Devlin place No. 2 - south of Devlin Place between Sunburst Subdivision and Skwybrook Farms: Please sign and have the following statement notarized and return to the Meridian City Clerk prior to the public hearing on 1/04/01. I, 1.2M► r_W& - , the undersigned, acknowledge MY responsibility to post the property for public hearing one week prior to the hearing date. Failure to properly Post the property will increase the possibility of any approval being overturned should the application be contested. I am aware that to proceed with a public hearing without Posting of the property as required by Idaho Code would be at my own risk STATE OF IDAHO ) ) ss. County of Xja, ) Ou this 4-'-- day of January, 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Q r,c H f /u ,fe , known of identified to me to be the authorized agent of who duly acknowledged to me that (s)he executed the within instrument on behalf of said (individual/corporation/psmersbip) and that said (individual/corporation/partnership) executed the same. �r01v6o / s JAN 04 '01 10:03 NotaryPub] ic for Idaho Residing at,,4�- Commission Expires: 211g fQ 208 323 9336 PAGE.01 CITY CLERK FILE CHECKLIST Project Name: Devlin Place No. 2 Contact Name: Daren Fluke File No. RZ-00-008 Phone: 376-7330 Date Received from Planning and Zoning Department: November 1, 2000 Planning and Zoning Level: Hearing Date: December 12, 2000 ❑ Transmittals to agencies and others: /,- Q Notice to newspaper with publish dates: -Nov-00 and 8 -Dec -00 Q Certifieds to property owners: Planning and Zoning Commission Recommendation: Approve ❑ Deny Notes: City Council Level: Transmittals to agencies and others: Notice to newspaper with publish dates INI Certifieds to property owners: ❑ City Council Action: Hearing Date: 1 l YVL D ( and la �� ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: _ ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: Resolutions: Original Res I Copy Cert; Minutebook Copy Ras I Copy Cert: City Clerk City Engineer CityPlanner City Attorney Sterling Codifiers Project File Copy Res I Original Cert: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Codifiers City Attorney Cay Engineer City Planner Project file Applicant (if apps) Findings I Orders: Original Mirutebook Copies to: Applicant Project file City Engineer Cay Planner City Attorney '• Record Vacation Findings •• Recorded Development Agreements: OfginatFireproof File Copies to:Appli ant Project file City Engineer Cay Planner City Attorney TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: RZ-00-008 Request: Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2 By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Your Concise Remarks: City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN ,IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: RZ-00-008 Request: Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2 By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Your Concise Remarks: City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department ,r1 CITY OF MERIDIAN EM 33 East Idaho StreetMeri�Zo-oo DPhEE6�LID c`�$ one: (208) 88d(� Fax: (208) 887-4813 N n v 0 1 ?Anq OCT 17 2000 City of Meridian CM� UR Aly Clerk Office, T1T Awn►rrwrn O .sew N�v APPLICATION FOR ANNEXATION AND ZONING OR REZONE t11�Vf PROPOSED NAME OF SUBDMSION: Devlin Place #2 GENERAL LOCATION: Directly south of Devlin Place, between Sunburst Subdivision and unny roo Farms TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): ACRES OF LAND IN PROPOSED ANNEXATION: PRESENT LAND USE: Vacant PROPOSED LAND USE: Single-family residential PRESENT ZONING DISTRICT: L-0 PROPOSED ZONING DISTRICT: Residential APPLICANT: J -u -B ENGINEERS, Inc. PHONE: 376-7iin ADDRESS: 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 ENGINEER, SURVEYOR, OR PLANNER:Daren Fluke AICP PHONE: 376-7330 ADDRESS: 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 OWNER(S) OF RECORD: Dan Wood/D.W. , Inc. PHONE: 331-6348 ADDRESS: 13141 W. Bluebonnet Court, Boise, ID 83713 7; Signature of Applicant l Engineers Surveyors Planners Applicant & Land Owner Applicant J -U -B ENGINEERS, Inc. Attn: Daren Fluke 250 S. Beechwood Avenue, Suite 201 Boise, Idaho 83709 376-7330 Owner Dan Wood 13141 W. Bluebonnet Ct. Boise, Idaho 83713 Telephone: 331-6348 Fax: 331-6448 Location Development Narrative Devlin Place #2 September 18, 2000 This project is located immediately south of the existing Devlin Place Subdivision between Sunburst Subdivision and Sunnybrook Farms Subdivision, approximately 300 feet north of Fairview Avenue and 1,300 feet east of Ten Mile Road in Section 2, Township 3 North, Range 1 West. The subject property is comprised of a single tax parcel and contains approximately 5.17 acres of land. The site was annexed into the City of Meridian in 1998 by Ordinance No. 653 and is zoned L -O. Site Overview The site is currently vacant and is surrounded on three sides by residential development. Those developments are all zoned R-4 and contain single-family dwellings on lots of at least 8,000 square feet. There are three existing stub streets providing access to the parcel from the north, east and west. The site is bordered to the west by a 20 -foot Nampa - Meridian Irrigation District easement containing an open irrigation ditch. This site was previously approved for an assisted living facility and is encumbered by a development agreement between the previous owner and the City of Meridian (see Prestige Care/Devlin Place Subdivision Development Agreement). Project Overview Rezone The landowner is requesting a rezone from the existing L -O (Limited Office) to R-4 (Low Density Residential). The land is designated as Existing Urban on the Meridian City Comprehensive Plan Land Use Map and is expected to develop with single-family dwellings similar to the surrounding properties. The requested zoning designation complies in all respects with the provisions of the Meridian Comprehensive Plan. Preliminary Plat The landowner wishes to develop the 5.17 acres comprising the property with 19 lots (16 buildable, 3 common lots). The resulting gross density of 3.09 units per acre falls below the 4 units per acre allowed by the R-4 zone and works well for the site. The three common lots accommodate a Nampa -Meridian irrigation easement to the west (the existing ditch will be piped to the property line), an ACHD drainage area (Lot 13, Blockl), and a sewer easement to the south (Lot 14, Block 2). N Engineers Surveyors Planners Proiect Design Development Narrative Devlin Place #2 September 18, 2000 Page 2 As designed, the project provides 16 single-family dwelling lots and connects with each of the three existing stub streets to the property. Each of the buildable lots contain at least 80 feet of frontage and 8,000 square feet of area in accordance with the provisions of the R-4 zone and are compatible with surrounding land uses. Meridian Comprehensive Plan The Generalized Land Use Map contained in the Meridian Comprehensive Plan designates the property as Existing Urban. Pertinent policies are found in the land use, transportation, open space and parks, and housing sections of the plan. In general, the site is very well situated for this type of development. The land to the north, east and west is already developed with detached single-family dwellings on lots of at least 8,000 square feet, and the parcel immediately south is approved for an assisted living facility. This project will fit seamlessly within the existing neighborhood fabric and road network and is in compliance with the provisions of the Comprehensive Plan pertaining to residential development. Irrigation The developer proposes to tile the existing irrigation ditch lying parallel to the western property line for the entire length of the parcel. In accordance with state law, any irrigation water that runs through the property will be left undisturbed and will continue to downstream properties. A pressurized irrigation system will be installed and looped back to a connection with the Devlin Place system to the north. The system will utilize the existing allotment of surface irrigation water to provide irrigation water to the newly created lots. Drainage Due to high seasonal groundwater on the site, drainage will be accommodated through a pond, pre -development overflow and infiltration system located in the northwest portion of the project. In accordance with Storm Water BMP's, the infiltration area will be grassed for pre-treatment of the storm water and for use as open space. Water & Sewer Water and sewer service currently exist on the boundaries of the property and will be extended to serve the development. The sewer line will be extended to serve the property to the south through a 20 -foot easement. Fire Service The project is located in the Meridian Fire District. Augmented fire protection will be provided for the project as required by Meridian Fire with installation of public water and fire hydrants. Other Utilities Public utilities, such as power and communications, will be extended underground into the project. U:\dsf\devlin place #2\app letter.doc October 16, 2000 City of Meridian 200 E. Carlton, Suite 400 Meridian, ID 83642 To Whom It May Concern: the titled owner of the property located at -'S\,3 %t � 2 , request the rezone of the referenced property. I further stipulate that I have read the contents of the application and verify that the information contained therein is true and correct to the best of knowledge and that the property will be posted at least one week prior to the public hearing. Dated this 0 day of (9G:l�)b-rl f 2000. Signed: Dan Wood, President DW Inc. Notarized by: D. ft o •lyQTAR�' •o fi q u � O e5n®i 1#11141118111 list0" ��i •o•oseee•e :4 ,moo My Gotirn Mas cx, /O -Z L Q' Engineers Surveyors Planners Project: 11687-01 Date: August 28, 2000 PARCEL DESCRIPTION PRELIMINARY PLAT BOUNDARY RESIDENTIAL A parcel of land being a portion of the Southwest Ya of Section 2, T.3N., R.1 W., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Southwest corner of Section 2, T.3N., R.1 W., B.M., Ada County, Idaho; thence South 88°38'31" East, 1,326.75 feet along the Southerly boundary of said Section 2 to a 5/8" iron pin marking the West 1/16 th corner of said Section 2; thence leaving said Southerly boundary North 00017'24" East, 344.01 feet along the West 1/16 th line and also being an extension of the Easterly boundary of Sunburst Subdivision No. 2 as filed in Book 60 at page 5894 of Plats, Records of Ada County, the REAL POINT OF BEGINNING; thence continuing along said 1/16 th line and Easterly boundary North 00017'24" East, 543.00 feet to a 5/8" iron pin marking the Southwest corner of Devlin Place Subdivision as filed in Book 77 at page 8079, Records of Ada County, Idaho; thence leaving said 1/16 th line and Easterly boundary South 89042'36" East, 414.65 feet along the Southerly boundary of said Devlin Place Subdivision to a 5/8" iron pin marking the Southeast corner of said subdivision, said pin also being on the Westerly boundary of Sunnybrook Farms No. 1 as filed in Book 44 at page 3609, Records of Ada County; thence leaving said Southerly boundary South 00017'24" West, 543.00 feet along said Westerly boundary to a point; thence leaving said Westerly boundary North 89042136" West, 414.66 feet to the REAL POINT OF BEGINNING. Said parcel contains 5.17 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. ° L�vo,s .kSTEA825 Fo�/,9G LHK:Ihc Lawrence H. Koerner, P.L.S. F:\projects\11687\descriptions\preliminary plat boundary - residential.doc At spa 1 C T 2 5 2000 :,J110IAN PUBLIC WORK c r �J s _ = K EY:I�STREAM Z 6 O _ : cp c` ` < LN i' M AOC # ESTA 5$ 0 _ W MONESSEN LN i�i S _ C J IB o g i 2 f W KIRKAY W KIRK"LN W S*A_�pN S• N^, 2 Z i N' i � RMS * A�yTOMC N MVRFYLD W KENM t DR CK S' - i14N R � .Wn kk R BONNER S• A OR SJNNYBROO w CN' -Ell DR LNA Z I E 5 � u F � R r Z z aN - N" ,ANE..E s• A � y.' _ 5 N ` r _ 'Ch Cr . s E � waALWooO da r i W T W KANDICE Q . KANp(E 5�NO CT ,. c "` Y PL CE i R i N NIDAN $i N i r wDAN sT N0RATE. 3 � °� � N (- QYT o UN uR'T NO r W GEMSTONE DR I, 'u r W ySTONE DR N' W STEM -,E CT R4NFKL Ci M 'NB RS O R'thr DR � N KL , s R45 W ANN sr i RMNWAI[R � CT 3 2 B SI I � 0 W CNEaRT lM -REEK C• GROCERY �W H N THE . IEROT Ci W LEROT CT K BAG i w SONOMA CT NA t L W E,Y CREEK DR CO $ or ONARD $T SUB C � Ir Y $ REEK . sNEan S. r t O ; N } " W W PARKi W wT4AR0 „ Tp' CREEK DR i " Su00 A N� W S—A CLARA DR Su ..AVE NO - A w FORECAS+ 5' -4 N 0 W FORECAST S` o EE 8 N e B w rORE CAS' S' • rF �A i ; N subSepbed sat%�,-AArtnerstup n 'sSigs i� said,3*rtt*iship name - Job J to the roregoing instrumcnt, ana acxnowtt y a to me that ne caecutca Enc blit of Residing at Commission expkes: k First American Title Company of Idaho 09/14/2000 13:14 4334516 06/09/00 14:34 FAX 3757303 HOLLAND ADMIN I FATCO SEARCH FAT Zshibit flak" 2 PAGE 03 IZ002/007 The North 543 feet of parcel i of 3Lmeord of Survey no. ssio, recorded Jane ii, 1997 as Iastrusent Xoe 97047432, said parcel 1 being a portion of the Nest Ralf of the Southeast quarter of the southwest quarter of Section 20 Township 3 North, Stange i !rest, of the noise xoridian, Ada County Idaho. "RESOURCE PLANhTNG AND SITE INVESTIGATIONS 6238 Edgewater Drive Boise, Idaho 83709 (206)672-9213 July 24, 2000 Dan Wood Holland Realty, Inc. 4720 W. Emerald Boise, ID 83706 Dear Dan: Two test holes were examined and described on the proposed Devlin Subdivision located in a portion of the SW of Section 2, T.3N., R.1 W., B.M., Ada County, Idaho. Soil physical characteristics and internal drainage conditions were noted and logged on the attached field sheet. The purpose of this investigation was to determine suitability for storm drainage facilities, placement of foundation footings, etc. Free water (water table) was found in both test holes at 44" and 60" depths. PVC pipes were installed in each of the test holes so that water table Ievels can be measured and recorded. Water table deaths should be measured and recorded at two-week intervals starting August I" through October 15, 2000. I expect the water table levels to rise until about the third week in August and then lower when irrigation starts to slow down. When the irrigation water is shut off to canals, about October 2, the water table levels should drop rapidly. To take the measurements, insert a measuring tape to the bottom of the pipe, read depth at the too of the pipe, then subtract the depth that water shows on the tape and also subtract the length of pipe above the ground surface. The figure you get should be the depth from the ground surface to the top of the water table. Record the f sure. I have estimated soil permeability for each soil layer identified (see attached field sheet). These soil permeabilities were estimated on the basis of soil texture, soil structure, density (porosity), and other characteristics of the horizons in the soil profile. Commonly, the percolation rate of a soil is set by the least permeable horizon (layer) in the soil profile. Monitoring the two test holes for water table maximum height will give part of the basis for design of a storm drainage facility that will be acceptable. Soil characteristics including texture, structure, density, clay content, etc., also should be considered in the design (see field motes). If you have any questions about this report, please call me at (208) 672-9213. Sincerely, Glen H. Logan Certified Professional Soil Scientist 2'J -T2G - 2L9 (802)) ue20j pTojey uaT9 esa:80 00 ST Jas Soil Evaluation Evaluation Date 7/24/2000 Requested By Dan Wood Holland Realtv Inc Address 4720 W. Emerald City Boise State Idaho Zip Code 83706 Phone (208) 336-3393 Lot Size See Plat Bedrooms — Parcel Legal Description Devlin Subdivision - Dart of SW of Section 2, T.3N., R.1W., B.M. Ada County, Idah Slope 0-1% Pit TH1 0-9" Silt loam (20% clay), platy structure, I OYR 3/4, many fine roots, common medium and few coarse roots. estimated permeability 2"/hr. 9-22" Silty clay loam (30% clay), l OYR 4/3 matrix, 7.5YR 5/6 mottles, common fine, medium and coarse roots, estimated permeability.5- 1 "/hr. 22-34" 1 Loam(15-20% clay), 2.5Y 4/4 matrix, 7.5YR 5/6 and 5/8 mottles, common fine, medium and few coarse roots, estimated permeability 2"/hr. Evaluated By Glen H Logan CPSS Pit TH2 0-10" Very fine sandy loam (I5% clay), IOYR 3/4, many fine roots, estimated permeability 2- 3 "/hr. 10-20" Very fine sandy loam (I5-20% clay), IOYR 3/6 matrix, 7.5YR 5/6 mottles, common fine roots, estimated permeability 2"/hr. 20-26" Gravelly loamy medium sand (<5% clay), variegated color, few fine roots, estimated permeability 151/iu. 26-35" Medium sand (0% clay), variegated color, few fine roots, estimated permeability 15"/hr. 35-140" 1 Extremely gravelly 34-138" 1 Extremely gravelly coarse sand (0% loamy coarse sandclay), variegated (<5% clay), color, no roots, variegated color, no estimated roots, estimated permeability 15- enneabili 15"/hr. 20-'Ihr Additional Info: TH I - Free water (water table) at 44" depth. TH2 - Free water (water table) at 60" depth. 6'd bT26 - 2L9 (802]) ue2OT pTojey uaT9 e6a:B0 00 ST ciaS JNTROL ta 1 TROL 19, j, - d b126 - 2G9 (802)1 ue2oT pTojey uaJ2 eB2:80 00 ST daS Ey 100%, 20E BEE DEVLIN PROPFRlX PLACE NO, 2 OWNERS WITHIN 300' i DEVLIN PLACE NTEXc HBORHOOD DAHM VIRGIL L & ASSOC;A'IION DAHM RHONDA A 2053 N AN O'VVAK WAY 2750 W HIGAN ST MERIDIAN ID 83642-0000 MFRIDIAN ID 83642-0000 N HAVEN CC)VP WAY 1951 N MAN O'VVAR WAY BAREERG JASON D & LLE DON & BARE ERCP JULIA D LEE SANDRA 2781 W �ANDTCF C!' 2768 W HIGAN ST MERTD AN ID 83642-0000 MERIDIAN ID 83642-0000 WITHEM DAREN A & MERIDIAN ID 83642-0 00 WITHES JUL TA T. C:OONES JOSEPH C., 2767 W AN INCE CRT 2780 W HIGAN SI` MHRIMAN ID 83642-0000 MERIDIAN ID 83642-0000 I WITHEI S BRADLEY L NIBLETT DAVID U & REBECCA M HENDgYtlCKSON JENNW L 2816 W KANDICE ST MERIDIAN ID 83642-4I39 2749 KNDICE MERIDXAN ID 83642-4416 SCHOPPELREY DOUGLAS JOHN & CARLAJEAN MOR'IXJN PATRICIA ANN 3513 NE 158TH AVE 1963 TODD WAY VANCOUVER WA 98682-7307 MERIDi�IN ID 83642-1266 i 2644 REBECCA WAY MORRIkN R B& M C TRUST SUGAI MICHELLE H MURRISjON R B & M C TRUSTEES 1944 N MAN WAR WAY 3841 WOODMON'T DR MERIDIAN ID 83642-0 00 MERID4 N ID 83(*42-1032 2824 W KANDTCE SI' A.SMUSSEN RICIiAKD C & ASMUSSEN MELISSA J GREER NDY L 2845 W KANT)TC F. 'Zr GREEK USAN L MERIDIAN TT) 93642-4139 1958 N AiAN 0'WAR WAY MERIDIKN TD 93642-0000 GARVIN MATTFIEW A & i M0%F..R hAVID L & DIANA S GARVIN DIANNE B 2857 W I ANDICE ST 29M W KANDICE ST MERIDIAN Ill MERTDI%N ID 83642-4139 836424139 NAhII'ABc MERIDIAN IRRIGATION DISTRICT HEAL DENIA L 1503 MIT SOUTH ST 2645 REBECCA WAY NAMPA41) 83651-0000 MERIDIAN ID 83642-1270 N HAVEN COVE? WAY CLEVELAND RICHARD W& CLEVELAND KAREN Kt I'T1 iLEY ROBERT M 2823 W KANDICE ST KF.rMI.,EY M C MERIDIAN ID 83642-4139 2675 REPECCA WAY MERIDIAN TD 83642-1270 TROMBURG STANLEY O !Sc i MILI-FR-TROMBURG SUE A 2811 W KANDICE ST i MFR)DIAN ID 836424139 Page 2 fNZm r... 6p' ; DUPUIS JEFF I) CLARK CATI IERL,IE E 1891 TODD WAY MERIDIAN ID 83642-1267 t MOILANEN:DANNIELI-F: A 2711 W HIGAN ST MERIDIAN Ill 83642-0000 BONCk MARIL A L 2641 REBECCA WAY MERI IAN ID 83642.1270 3 SHEFFTF..I U ELLIOT A & SHEFM'?LD MARILYN K 1872 NPAVPN COVE WAY MERILIIAN II) 83642-OD00 HALSiiY RUS.SF..T - I 2751 VPIITC;AN ST MERT61AN ID 83642-0000 KROMMENHOEK PAUL R KROMAENROEK IMLLY C 2735 W'141GAN ST MPRI;TAN ID 83642-0000 WATSON JACK R & WATSON LORRY A 2638 REBECCA WAY MERINAN ID 83642-0000 1 SHOEliAKF.R PF-IILLIP K 2637 -RtBE CCA WAY MERIDIAN ID 83642-1270 SHELIjiORN JOANNE M 2876 W tRMSTONE DR MERIia AN ID 83642-1194 i ST1MRiWILLIAM & JOANN 2858 W PEMSTONF. T)R MERIDIAN TD A3642-1194 SUN'BL�RST IiOMFOWNERS ASSOC INC 3775 C+SSIA ST BOISE ID 83705-2225 W CHERRY AVE W ANN ST v FIELD KEVIN D & FIELD GWENDA 1. 26:10 i.tBECCA WAY MERIDIAN ID 83642-1268 4 206 666 6654; Sep- 1'."? 1 :14PIVIi HEST DAWN D 1879 W TODD WAY MERIDIAN ID 83642-{H)lx) DD&F 501 SE COLUMBIA SHORES BLVD STF. 300 VANCOUVER WA 98661-0000 W CIIHRRY AVE TETRAULT KENNETH ALI.FN & MONICA E 2830 W GEMSTONE DR MERIDIAN ID 83642-1194 LOW CLINT B & MELODY J 2912 W GEMSTONE DR MFRIDIAN ID 83642-1194 GABBY CHARLES T & GABBY CHRISTINE R 2692 REBECCA WAY MERIDIAN ID 83642-1268 BARNE-TT DORO'T'HY A 1865 TODD WAY MERIDIAN TD 83642-1267 WHITMAN SUR C PO BOX 162 %XrF.ST YLLI.OWS'TUNE MT 59758-0162 2618 RL'BECCA WAY MARTELLE MARTIN J 5685 COLUSIER DR BOISE ID 83703-3825 2586 W MISTY DR LONGO DAVID B & SI IAWNA M 2615 REBECCA WAY MERIDIAN ID 83642-1160 BEHRENDT DARICR 2612 MISTY DR MERIDIAN ID 83642-1217 GILBERT ROBERT 1, 2891 W GRMSTONE DR NMRIDIAN II) 83642-1195 STRINGER LAWRENCE ALAN & F?VANGELINE N 2863 W GEMSTONE DR MERIDIAN ID 83642-1195 Page 3 ^' 208 888 6854; CAP -ROLL WILLIAM R & C.ARROLL SHIRLEY J 177814 MORELLO AVE Mf'RI151AN ID 83642-1189 LANG EDWARD & DELOY 2613 F;HBECCA WAY - MER IDIA.N ID 83642-1160 )UHN�TON TIMOTHY T 1761 NI MORELLO AYE MERIDIAN TD 83642-1190 SCHAF}RER RONALD L & CIIRI INE J1 2611 NOSTY DR MERbIAN IID 83642-1218 MUTR LARRY H & CCHF..IREL A 2585 4S -TY DR MERIDIAN ID 83642-1220 COOP*R RICHARD S & COOPER GINGER L 2908STEPHANII? CT Mi IAN I1) 83642.1181 MORGAN VICKIE 1764 It MORELLO AVE MERIMAN ID 83642-1189 POOL JAMES HOWARD & QUINDA M 2609 REBECCA WAY MERIDIAN ID 83642-1160 JOHNS6N C ALDON & JOHNSPN DELORA 2561 MISTY DR MERIDIAN ID 83642-1220 KF.RN SCOTT A 1745 N ORELLO AVE MRRrD4AN ID 8.'5642-0000 ROSE DARK :A & TAMARA J 173214 MORRLIA AVE MERIDIAN ID 83642-1189 BELVEIU. RICHARD D & BF-,I,VE, iL CYNTHIA M 2603 nBECGA WAY' MERIDIAN TD 83642-1160 f t r Sep-l� 1 :1 4PU,,; Page 4/7 POINDEXTTER Rl(,I1ARD I & POI.N15Ei.'TER CI-IRISTINE I. 2600 RF?BECCA WAY MERIDIAN ID 83642-1269 WORTHEN JOLL O & BETTT 1, 2900 W STEPHANIE CT MF..RIDIAN ID 83(A2-1181 BAILEY BRUCE R & BAILEY LESLIE J 2605 DALTON IN RAISE ID 837045518 2594 REBP-CCA WAY 2590 lWBECCA WAY BOUDREAU YVETTE M 1713 N MORELLO AVE MERIDIAN ID 83642-1190 WRIGHT KEITH K 2599 REBECCA WAY MERIDIAN ID 83642-1160 KINGSTON I V AN D & KINGSTON CCHRISTIE A 2899 W grEPHANIP. CRT MERIDIAN ID 83642-1182 VINES JOHN EDWIN & KATHI,YN MARIE 1708 N MORELLO AVT; MERIDIAN ID 83642-1189 MCNEES DFLBERT MCNEES KRISTI 2595 REBECCA WAY MERIDIAN ID 83642-0000 WIY.SON DWAYNE A AND JACCI'BS LISA C 1693 N MORELLO A V I' MERIDIAN ID 83642-1188 VANSI TUR PATRICIA A 2578 REBECCA WAY MERIDIAN ID 83642-1159 BROGAN JOHN P. & BROGAN AL1CF: K 1686 N MORELLO AVE MERIDIAN ID 83642-1187 VRBA JEFFREY L & JULIE R 2892 W ANN ST MERIDIAN Ill 83642-1177 CA.RNEY CURCIS D & CARNF-Y ELLEN M 2591 REBF_.CCA WAY MERTOIAN ID 83642-1160 HURSf JERRY B & DANETTE 2860 V ANN 51' MERIDIAN -ID 83642-1177 LALK* BARRY L 166214 MQR£LLO AVE MERIDIAN TD 83642.1187 i NAKA�O WALLACE H & KATHLEEN 2587 IWBECCA WAY MERIIDIAN ID 83642-1160 HUMP REYS LARRY RALPH 2571 • BECCA WAY MERIWAN ID 83642.1160 HENDERSON PHILIP D 1. & C:ASSIE 2835 W4 ANN ST MERIDIAN ID 83642-1178 DURME SHAD C; & DURFPE JF.NNY M 2851• W!ANN'Si MERIDIAN ID 83642-1178 BARBHR JIMMY D 2583 REBECCA WAY MERIDIAN ID 83642-1160 i BEVTN�'I'C)N WILSON C BEVINDTON WiLMA L 2567 R�BECC.A WAY MERIIJIAN ID 93642-0000 DIAN6A DEBRA S BRADlJ'URN DAVID J 2887 WtANN sr MERIDOAN ID 83642-1178 PIANS N PENNY L 286% W LkNN ST MERIDIAN ID 83642-1178 DOZY ALAN M & DO'Z'Y t HRISTY L 2575 REBECCA WAY MERIDLAN ID 83642-1160 HEICK#;KAREN R 6329 DJ LUSS DR ELK GiOVE CA 957584xxx1 206 866 6654; Sep-1,'o"'*N) 1:15PM; 2579 RERF.C:CA WAY DO QUANG THE & THUY TI I 4319 FLLHURST AVE BALDWIN PARK CA 91706.2853 W CHERRY AVE 1IAVEN COVE HOA INC 3350 AMERICANA TER STF. 200 BOISE ID 83706-2502 N TINA MARIE AV T'? S I DEVELOPMENT INC 3350 AMERICANA TER STE 200 BOISE ID 8370&25U2 N CLARA AVE N HAVEN COVE AVE REYNOLDS CHRISTINA A 2828 W LEROY CRT MERIDIAN IIS 83642-0000 ADY TAMMY S 2824 W I.F.;ROY CT MERIDIAN ID 83642-4351 ROSSI PETER) & ROSSI SHANNON M 2634 W LF.ROY CT MERIDIAN ID 83642-4307 EVANS DANIEL MICHAEI. & F..VANS ADARE C 2610 W LEROY cr MERIDIAN ID 83642-4307 GRF'1I? LORI L 2812 W LEROY CT MERIDIAN ID 83642-4351 BYINGTON DARREN K 27W W. LEROY Cr MERIDIAN ID 83642-4350 BRINKt?RIIOFF JOHN DOUGLAS & BRINKERHOFF JAMBII 1572 N' HAVEN COVE AVE MERIDIAN ID 83642-4330 S AYLES ROBERT" T'I IONLAS & S AYI.F.S I.EANNE L 2580 W LEROY CT MERIDIAN ID 83642-4307 PaQE 517 PENHCKJ PUNA SAMANTHA 1550 N MAVEN COVE AVE MERIDIAN ID 8.3642-0000 STUCK.R L R & F M TRUST STUCKER L R & F M TRUSMES 2641 W �EROY cr Ml?RID$AN 1D 83642-4307 2695 W r HirRRY LN 2641 W , ROY CT TRIES GREGORY G & T1IiHS ko%E 2827 WLEROY CT MERIDIAN lu 83642-4351 POGULINDA C 1528 N VEN COVE AVE MERIDIAN ID 83642-") SKOGSBERG STEPHEN C &- LALIIS-SKQGSBERG LISA L '2813 W;LLROY CRT MERJOIAN ID 83642-4351 t ZURIT?, JOSE LUIS & ZUKrri ANGELICA PO B.O 554 MEJUDIAN ID 83680-0000 1519 NkAVE,N COVE AVE WASDEN TODD G & WASDILN MIS1iELLE D 2825 W. LEROY CRT MERlI`11AN ID 83642-4351 206 666 6654; Sep -1E 1:15PM; Page 6/7 I CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer's Order No. Date 117-00 Name Address p p Phone: P .-2,0 _ a SOLD BY C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT r , /00 .33 XZ ryl I17 I I P-&yz 7-0 lots N cU N 500 ' — !ob X2- Z ❑ 00 (� J 0 N N C,❑I' ----------------------------- 1 l� ❑ i. Zn — co tu 41 ❑ .-8 . C r J z ui ro All All claims and returned goods MUST be accompanied by this bill. TAX co wm Received 10012370 TOTAL GS -202-2 PRINTED IN U.S.A. Pfl INiEO WITN (( �SOYINK � 3� ueriawN ayueq® /.133v5 atNviOWf l ryl I17 ❑ N cU N ❑ 00 (� J 0 N N C,❑I' 1 l� ❑ i. Zn — co tu 41 ❑ .-8 . C r J z ui ro tv co wm J -a J OW -Q OW m a% Q i a V ICU ^� CU aruyy N ru ❑ 11 WLL _ 0y O 0 QO � W y 3� ueriawN ayueq® /.133v5 atNviOWf 208 888 6854i -z.'T- - ~-` Sep-lE 1:15pm; Page 7/7 11177 (— r --r-^ July 26, 2001 Gary Lee J -U -B Engineers, Inc. 250 S. Beechwood Ave., Ste. 201 Boise, ID 83709 Re: Devlin Subdivision No. 2 Dear Gary: rr RECEIVED AUG - 3 2001 CITY OF MERIDIAN lvaq4a4wL/ • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has completed a review on the above-mentioned project. The storm water run-off plans indicate that they meet the Districts requirements and all pressure lines and pump data will be sufficient to operate under Phase I. The proposed easement area has been addressed and the developer has left the District the required amount of roadway, therefore, no further review is necessary and the District gives it's approval for Phase II of Devlin Place Subdivision. We currently have a contract that has been signed for the operation and maintenance of the pressure urban irrigation system, however the District has to complete a final test on the pressure system. When the developer is ready to conclude this project, please contact either Bill Henson or myself at 466-,0663 so we can make arrangement for this test. If you have any questions, please feel free to contact me. Sincerely, , m P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln Cc: File Board of Directors Secretary -Treasurer Asst. Secretary -Treasurer Asst. Water Superintendent Sharp & Smith, Inc. — J. Sharp Ringert Clark Chartered — L. Bum D. W. Inc. — D. Wood City of Meridian Ada County Highway District APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 August 2, 2001 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 /'1 RECEIVED AUG - 6 2001 CITY OF MERMUN 2) 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: AUP 01-009 Accessory Permit for proposed Day Care in an R-4 zone for Pamela Spencer Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT Cc: File - Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1445 North Orchard • Boise, Idaho 83706-2239 • (208) 373-0550 July 13, 2001 Dan Wood D. W., Inc. 13141 W. Bluebonnet Court Boise, ID 83713 RE: Devlin Place Subdivision No. 2 Water and Sewer Lines, Storm Water Disposal Dear Mr. Wood: r, RECEIVED JUL 17 2001 CITY OF MERIDIAN Dirk Kempthorne, Governor C. Stephen Allred, Director The plans and specifications for the subject project appear to meet State of Idaho standards and are approved based on the conditions listed below. We recommend that the District Health Department lift sanitary restrictions. A. The standard conditions on the Department of Environmental Quality (DEQ) review stamp are part of this approval. Any supporting reports or documents are considered to be part of the approved documents. B. This approval will be voided if: 1) construction is not completed by July 13, 2002; 2) the project is improperly constructed, operated, or maintained; or 3) the project fails to function as intended. C. Per the project documents, a professional engineer or construction inspector under the supervision of a professional engineer with The City of Meridian shall provide construction inspection sufficient to ensure the project is built in substantial accordance with the approved plans. DEQ approval, prior to construction, is required for any substantial deviations from the approved plans and specifications. Verbal approvals, if any, shall be documented by the professional engineer in a cover letter submitted with the project record drawings. D. Within thirty days after construction, the professional engineer with J -U -B ENGINEERS, Inc. shall provide DEQ with either: 1) as constructed plans and specifications with a cover letter as described in Item C, or 2) a letter of certification stating that the project was installed with no deviations from the approved plans. E. Sheet 5 of 13 of the plans, at STA 10+08: A minimum vertical separation distance of 18" is required at all locations where water mains cross non -potable lines. At STA 10+08 there is less P . I F, e I u 11 F e c 1 c I e d P . P e I Dan Wood Devlin Place Subdivision No. 2 July 13, 2001 Page 2 than 18" of vertical separation between the water main and gravity irrigation line after 4' of cover has been obtained to protect the water line. As an alternative to providing water class pipe for the gravity irrigation line at the crossing, please provide one 20' length of C-900 or C- 905 carrier pipe for the water main, centered at the crossing. G. For this project, storm water will discharge to the Davis Drain. Per requirements of the Idaho Water Quality Standards and Wastewater Treatment Requirements, IDAPA 58.01.02.080: "No pollutant shall be discharged ... that 1) will or can be expected to result in violation of the water quality standards applicable to the receiving water body or downstream waters; or 2) will injure designated or existing beneficial uses ...." We presume that you have obtained proper authorization to use this receiving water for storm water disposal. H. The minimum allowable slope for 8 inch sewers is 0.4%. Sections of the sewer mains on this project are planned to be set at a 0.3% grade, which is shallower than the minimum allowed by the Recommended Standards for Wastewater Facilities. By approving the plans, the City of Meridian has accepted these sewer grades and will provide any additional maintenance required. It is important, for your own protection, that present and future homeowners be notified of the potential hazard associated with pressurized irrigation. We request that the subdivision CC&R's address the existence of and the inherent hazards associated with a non -potable pressurized irrigation system, or that equivalent notification be given. We further recommend periodic re -notification, which might consist of a letter accompanying water bills, or by periodic visits to each residence. A copy of a sample notification has been enclosed for you to use. If you have any questions, please contact me at (208) 373-0162, or via e-mail at Brae@deq.state. id. us. cc Charles W. Ariss, P.E., Regional Manager -Engineering, Boise Regional Office Mike Reno, Central District Health Department Luke Payne, Boise Regional Office Gary A. Lee, P.E., J -U -B ENGINEERS, Inc. (w/approved and stamped set of plans) Brad Watson, P.E., City of Meridian, Meridian City Engineer Source File #2, Devlin Place Subdivision No. 2 Reading File G \Engin ring\Luke\Reviewa�Deviin Place No 2 Subd.doc ADA COUNTY RECORDER Wv r J. DAVT NAVARRO � DEPUTY elf"12".,0; H0 FEE .2001 JL 12 N14 2: 14 A/7 .101669698 FILE COPY CITY OF MERIDIAN ORDINANCE NO. 01-4/6 AN ORDINANCE FINDING THAT DAN WOOD IS THE OWNER OF CERTAIN REAL PROPERTY HAVE MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY ON THE NORTH SIDE OF CHERRY LANE, EAST OF TEN MILE ROAD, MERIDIAN, IDAHO, THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM L -O (LIMITED OFFICE DISTRICT) ZONING DISTRICT TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) AS DEFINED UNDER MERIDIAN CITY CODE § 11-7-2 C, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from L -O (Limited Office) District to R-4 (Low Density Residential) District as defined under Meridian City Code § 11-7-2 C; and Dan Wood / (R-4) RZ-00-008 / RE -ZONE ORDINANCE - 1 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearings in accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally described as follows: A parcel of land being a portion of the Southwest 1/4 of Section 2, T.3N., R.1 W., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Southwest corner of Section 2, T.3N., R.1W., B.M., Ada County, Idaho; thence South 88038'31" East, 1,326.75 feet along the Southerly boundary of said Section 2 to a 5/8" iron pin marking the West 1/1 6th corner of said Section 2; thence leaving said Southerly boundary North 00°1724" East, 344.01 feet along the West 1/1 6th line and also being an extension of the Easterly boundary of Sunburst Subdivision No. 2 as filed in Book 60 at page 5894 of Plats, Records of Ada County, the REAL POINT OF BEGINNING; thence continuing along said 1/1 6th line and Easterly boundary North 000 17'24" East, 543.00 feet to a 5/8" iron pin marking the Southwest corner of Devlin Place Subdivision as filed in Book 77 at page 8079, Records of Ada County, Idaho; thence leaving said 1/1 6th line and Easterly boundary South 89°42'36" East, 414.65 feet along the Southerly boundary of said Devlin Place Subdivision to a 5/8" iron pin marking the Southeast corner of said subdivision, said pin also being on the Westerly boundary of Sunnybrook Farms No. 1 as filed in Book 44 at page 3609, Records of Ada County; thence leaving said Southerly boundary South 00° 17'24" West, 543.00 feet along said Westerly boundary to a point; Dan Wood / (R-4) RZ-00-008 / RE -ZONE ORDINANCE - 2 /'1 thence leaving said Westerly boundary North 89°42'36" West, 414.66 feet to the REAL POINT OF BEGINNING. Said parcel contains 5.17 acres, more or less. 1. The following conditions shall be required as follows to -wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 4.1 The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 4.2 The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a -e, page 2, must be modified to reflect the change of land uses. 4.3 The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. & F.) of their intention to revoke the permit and provide D.D. & F. with the opportunity to contest the revocation. If D.D. & F. contests the revocation, a public hearing must be held. If D.D. & F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 4.4 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling Dan Wood / (R-4) RZ-00-008 / RE -ZONE ORDINANCE - 3 of any ditches crossing this project. 4.5 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 4.6 Provide five -foot -wide sidewalks in accordance with City Ordinance. 4.7 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 4.8 Street name signs and roads shall be installed before building is started. Adopt the Recommendations of the Ada County Highway District as follows: 4.9 Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 4.10 Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29 -foot street section as proposed, within 42 - feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 4.11 Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be owned and maintained by a Dan Wood / (R-4) RZ-00-008 / RE -ZONE ORDINANCE - 4 homeowners association. Notes of this shall be required on the final plat. 4.12 Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 4.13 Construct the turnaround to provide a minimum turning radius of 45 -feet. 4.14 Utility streets cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280. (with file numbers) for details. 4.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. Dan Wood / (R-4) RZ-00-008 / RE -ZONE ORDINANCE - 5 RIORMWIMPRIM will 4.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 4.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 4.18 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. 4.19 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. 4.20 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. 4.21 It is the responsibility of the applicant to verify all existing Dan Wood / (R-4) RZ-00-008 / RE -ZONE ORDINANCE - 6 utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342- 1585) at least two full business days prior to breaking ground within 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. 4.22 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. 4.23 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 Nampa &. Meridian Irrigation District as follows: 4.24 The Nampa &. Meridian Irrigation District's Rutledge Lateral courses along the south and west boundaries of the above- mentioned proposed project. The easement of the Rutledge Lateral must be protected. SECTION 2. That the above-described Property be, and the same is hereby re - Dan Wood / (R-4) RZ-00-008 / RE -ZONE ORDINANCE - 7 zoned and designed (R-4) Low Density Residential District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this �� day of 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 95�� day of 2001. �1 ATT T: City Clerk ` Orr �yOY SM f` 0 yf,413j� �st6zy�`1 Dan Wood / (R-4) RZ-00-008 / RE -ZONE ORDINANCE - 8 STATE OF IDAHO,) : ss. County of Ada. On this 91fi day of (2 before me, the undersigned, a Notary Public in and for said State, p4donally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL)2xi cP • :' uliL�C% ��� • e° ••sasOF s•• NOTARY PUBLI RESIDINi MY COMMISSION EXPIRES: msg\Z.\Work\M\Meridian\Meridian 15360MN 3"lin Place 2 RZO08 PP025\RZ0rdinance.doc Dan Wood / (R-4) RZ-00-008 / RE -ZONE ORDINANCE - 9 May 31, 2001 June 5, 2001 MERIDIAN CITY COUNCIL MEETING ITEM NO. K APPLICANT n-- +owl amendment to Development Agreement for Devlin REQUEST RtZ:yuGJ'-- _... _ Place No. 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached signed Amendment Contacted: Date: Phone: _ Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 5.17ACRES FOR PROPOSED DEVLIN PLACE NO. 2, LOCATED ON THE NORTH SIDE OF CHERRY LANE, EAST OF TEN MILE ROAD, MERIDIAN, IDAHO JUB ENGINEERS, Applicant. C/C 02-06-01 Case No: RZ-00-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 5.17 acres having come on for public hearing on February 6, 2001, at the hour of 6:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, both appeared and testified, and appearing and testifying on behalf of the Applicant was Daren Fluke, and no one appeared in opposition, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) - 1 Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 6, 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 (15) 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 6, 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 takes judicial notice of its zoning, subdivisions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) W and development ordinances codified at Meridian City Code Title 11 and Title 12, 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 is approximately 5.17 acres in size. The property is generally located on the north side of Cherry Lane, east of Ten Mile Road, in Meridian. Boise, Idaho. Meridian. 5. The owner of record of the subject property is Dan Wood, of 6. The Applicant is JUB Engineers, Inc., Boise, Idaho. 7. The property is presently zoned as L -O, and is vacant. 8. The Applicant requests the property be rezoned to R-4. 9. The proposed site is surrounded by residential development. 10. The subject property is within the city limits of the City of 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area. 12. The Applicant proposes to develop the subject property in the following manner: construct a single family residential development. 13. The Applicant's requested rezoning of the subject real property as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -3 R-4 is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code § 11-15-11 for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15. 1.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.1.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.1.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential 'character of the same area, subject to the conditions of the conditional use process; 15.1.4The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 15.1.5The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -4 adequately any of such services; 15.1.6The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.1.7The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.1.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.1.9The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 15.1.1 OThe proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 15.2.1 The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 15.2.2 The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a -e, page 2, must be modified to reflect the change of land uses. 15.2.3 The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. S& F.) of their intention to revoke the permit and provide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -5 D.D. & F. with the opportunity to contest the revocation. If D.D. SL F. contests the revocation, a public hearing must be held. If D.D. SL F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 15.2.4Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2.5Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 15.2.6 Provide five -foot -wide sidewalks in accordance with City Ordinance. 15.2.7A11 construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 15.2.8 Street name signs and roads shall be installed before building is started. I Adopt the Recommendations of the Ada County Highway District as follows: 15.2.9 Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 15.2.10Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29 -foot street section as proposed, within 42 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) 9P feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 15.2.11Any 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 shall be required on the final plat. 15.2.12Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 15.2.13 Construct the turnaround to provide a minimum turning radius of 45 -feet. 15.2.14Utility streets cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280. (with file numbers) for details. 15.2.15A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -7 Commission. 15.2.16After ACHD Commission action, any request for reconsideration of the Commission's action shall be in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 15.2.17Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 15.2.18A11 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. 15.2.19The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 15.2.20Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 15.2.21It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342- 1585) at least two full business days prior to breaking ground FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACED conduits (spare or filled) are compromised during any phase of construction. 15.2.22No 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. 15.2.23Any 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 Nampa &, Meridian Irrigation District as follows: 15.2.24The Nampa &- Meridian Irrigation District's Rutledge Lateral courses along the south and west boundaries of the above- mentioned proposed project. The easement of the Rutledge Lateral must be protected. 16. The legal description of the property that is the subject of this application is on file with the City Clerk's office. CONCLUSIONS OF LAW The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and responsibility as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -9 provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The requested zoning of Low Density Residential District, (R-4) is defined in the Zoning Ordinance at 11-7-2 C as follows: (R-4) Low DensitF Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 4. Idaho Code § 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code § 67-6511A provides: Each governing board may, by ordinance adopted or amended in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -10 accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. § 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of- way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -11 thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. § 11-15-11 of the Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -12 facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City of Meridian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 5.17 acres for construction and development of a single family residential development is granted, subject to the terms and conditions of this Order hereinafter stated; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -13 2. The following special terms and conditions of use and development relate to this application to -wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 2.2 The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a -e, page 2, must be modified to reflect the change of land uses. 2.3 The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. SL F.) of their intention to revoke the permit and provide D.D. & F. with the opportunity to contest the revocation. If D.D. Sz F. contests the revocation, a public hearing must be held. If D.D. &_ F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 2.4 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.5 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2.6 Provide five -foot -wide sidewalks in accordance with City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -14 Ordinance. 2.7 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 2.8 Street name signs and roads shall be installed before building is started. Adopt the Recommendations of the Ada County Highway District as follows: 2.9 Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 2.10 Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29 -foot street section as proposed, within 42 - feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 2.11 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 shall be required on the final plat. 2.12 Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 2.13 Construct the turnaround to provide a minimum turning radius of 45 -feet. 2.14 Utility streets cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -15 Construction Services at 387-6280. (with file numbers) for details. 2.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 2.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -16 2.18 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. 2.19 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. 2.20 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. 2.21 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342- 1585) at least two full business days prior to breaking ground within 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. 2.22 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. 2.23 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -17 use is sought. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 2.24 The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the south and west boundaries of the above- mentioned proposed project. The easement of the Rutledge Lateral must be protected. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re -designation of the zoning for the real property which is the subject of the application to (R-4) Low Density Residential District (Meridian City Code § 11-7-2 C) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) MR NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning 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 2a f-, day of F A'(' a-1 , 2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED w COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED _*!t— COUNCIL WOMAN CHERIE McCANDLESS VOTED 70L,0- MAYOR ROBERT CORRIE (TIE BREAI(ER) VOTED DATED: .2-2_C>-0 MOTION: APPROVED - DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) -19 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. of AIE��z op Dated: 2 ���� r4i `i msp/ZAWork\M\Meridian\Meridian 15360M\Devlin Place 2 RZO08 PP025\FfsClsOrderREZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 5.17 ACRES FROM L -O TO R-4 BY: JUB ENGINEERS / (RZ-00-008) +y 7CbtwV T 1h 1 We" May 31, 2001 MERIDIAN CITY COUNCIL MEETING June 5, 2001 y APPLICANT J -U -B Engineers ITEM NO. REQUEST Ordinance - Request for rezone of 5.17 acres from L -o to R-4 for proposed Devlin Place No. 2 - s/o Devlin Place between Sunburst Subdivision and Sunnybrook Farms AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Ordinance Appyvv-c- ck- �o, Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE Wm. E GIORAY, III PHILIP A. PETERSON 200 EAST NAMPA OFFICE BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. RoSSMAN LARRY D. MOORE DAVID M. SWARTLEy P� MERIDI[ _I, /- / (- 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 WILLIAM A. MORROW TERRENCE R. WHITE" /�/j� (/ v TEL (208) 466-9272 WILLIAM F. NlcHols• 'ALSO FAX (208) 466.4405 ADMITTED IN OR "ALSO ADMITTED M WA / PLEASE REPLY TO MERIDIAN OFFICE Fe E ID William G. Berg, Jr., City Cleric MERIDIAN CITY HALL ian 33 East Idaho Meridian, Idaho 33642 Re: JUB ENGINEERS / REZONE FINDINGS / ADDENDUM TO DEVELOPMENT AGREEMENT / REZONE ORDINANCE / CERTIFICATION OF CLERIC / DEVLIN PLACE SUB. (RZ-00-008) NO. 2 �-�2p�rc� �' � `O% Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of February 6, 2001, and which are on the agenda for February 20, 2001. Also, I have also enclosed the Addendum to the Development Agreement, pursuant to the instructions from the Council meeting of February 6, 2001, and which will need to be executed by Mr. Fogg, and then presented to the Council for approval, so that it may be attached to the appropriate Development Agreement. Additionally, please find enclosed the above RZ Ordinance and the Certification of the Clerk for the rezone for Dan Wood. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be assed until the Findin sof Fact and Conclusions of Law and Decision and Order Grantin A lication for Rezone are adopted. If you have any questions arise, please advise. Very truly yo Enc. Wm. F. Nichols msg\Z ,w8rk\�IVAeridianVNeridian 15360M\Devlin Place 2 RZ008 PP025\FFCL Ord Added DevAgmt0erk021301.1tr ADA COUNTY, QRDE2 J. OAV10 NAVPOIS-H'I .2001A21 PIM 1=38 RNWE -R OU F E . r r.r•� � This sheet has been added to document to accommodate recording information. First Addendum to Development Agreement Modifying 2 a -e on Page 2 and Addendum to Exhibit B 6-5-01 D. D. & F. an Oregon general partnership to Dan Wood/ D. W., Inc. (Devlin Place No. 2) FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" The following is an addendum to that certain Development Agreement between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, and D.D.&F., an Oregon general partnership, party of the second part. DAN WOOD/D.W., INC., as assignee, has purchased property from D.D.SrF., an Oregon general partnership, which property contains 5.17 acres and is described in Exhibit "A" attached hereto. DAN WOOD/D.W., INC. agrees to be bound by the terms of the original Development Agreement, except as specifically modified at 2 a -e on page 2 to reflect the change of land uses, and specifically adding additional conditions to Exhibit "B" therein attached by this First Addendum to Development Agreement hereto. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A 1. Develop and construct a single family residential development on 5.17 acres of the property. 2. There is an existing Conditional Use Permit which must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. Council must notify the permit holder (D.D.&F.) of their intention to revoke the permit and provide D.D.&F. with the opportunity to contest the revocation. If D.D.& F. contests the revocation, a public hearing must be held. If D.D.&F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 3. Develop and construct single family residential development on 5.17 acres of the property. 4. Developer submitted a subdivision plat application, which is Case No. RZ-oo-oo8, and which plat will need to be approved by the City and recorded in the Ada County Recorder's office prior to any development. 5. The Developer or its successor shall only construct single family FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 1 of 7 houses on the 5.17 acres of land, and such single family houses shall have at least one thousand four hundred (1,400) square feet of floor space, exclusive of garages, and there shall be no change to increase the number of lots or decrease the size of lots as shown on the approved final plat, which is incorporated herein as if set forth in full herein. ADDENDUM TO EXHIBIT "B" DEVELOPMENT AGREEMENT Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 1.2 The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a -e, page 2, must be modified to reflect the change of land uses. 1.3 The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. & F.) of their intention to revoke the permit and provide D.D. & F. with the opportunity to contest the revocation. If D.D. & F. contests the revocation, a public hearing must be held. If D.D. & F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 1.4 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.5 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT"B" Page 2 of 7 1.6 Provide five -foot -wide sidewalks in accordance with City Ordinance. 1.7 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 1.8 Street name signs and roads shall be installed before building is started. Adopt the Recommendations of the Ada County Highway District as follows: 1.9 Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 1.10 Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29 -foot street section as proposed, within 42 -feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 1.11 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 shall be required on the final plat. 1.12 Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36 -foot street sections with curb, gutter, and 5400t wide concrete sidewalks within 5o -feet of right-of-way. 1.13 Construct the turnaround to provide a minimum turning radius of 45 -feet. 1.14 Utility streets cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280. (with file numbers) for details. 1.15 A request for modification, variance or waiver of any requirement FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 3 Of'7 or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:oo a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:oo a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 1.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $i1o.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 1.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 1.18 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. 1.19 The applicant shall submit revised plans for staff approval, prior to FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 4 of 7 issuance of building permit (or other required permits), which incorporates any required design changes. 1.20 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. 1.21 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to brealdng ground within 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. 1.22 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. 1.23 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 Nampa & Meridian Irrigation District as follows: 11.24 The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the south and west boundaries of the above- mentioned proposed project. The easement of the Rutledge Lateral must be protected. IT IS SO AGREED. ZDted and Signed this �day of 2001. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 5 of 7 ATTEST: Attest: FW STATE OF IDAHO, ) . ss. County of Ada ) CITY OF MERIDIAN BY: Mayor RobertCorrie ����trtwr ifrrtrrJ�� 01 of j i r VVV 4 M SFJLL DAN WOOINC. BY: Dan Wood, President, On this 31 day of M ON . 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Dan Wood and pixie Wood known or proved to me, to be the President and Secretary of D.W., INC., an Idaho corporation, whose names are FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 6 of 7 �— ( subscribed to the within instrument, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official and year in this certificate first above written. - - D•1C - ^••r Notary Public for Idaho Residing fat: My Commission Expires: STATE OF IDAHO, ) . ss. County of Ada ) On this day of2001, before me, the undersigned, a Notary Public in andToraid State, personally appeared Robert D. Corrie and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official • certificate first above written. seal, the day anar}� _ A% OT (SEAL) % • �•�� I.;, a0; •.�'OFI9A.�• xesicung at: a�o My Commission Expires: �" FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 7 of 7 \\NPA_NPS4o_PDC\SERVER_Z\Work\M\Meridian\Meridian M6oM\Devl1n Place 2 R7.o08 PPo25\AddendumDevAgmtdoe EXHIBIT "A" A parcel of land being a portion of the Southwest 1/4 of Section 2, T.3N., R.1W., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Southwest corner of Section 2, T.3N., R.1W., B.M., Ada County, Idaho; thence South 88038'31" East, 1,326.75 feet along the Southerly boundary of said Section 2 to a 5/8" iron pin marking the West 1/16th corner of said Section 2; thence leaving said Southerly boundary North 00017'24" East, 344.01 feet along the West 1/16th line and also being an extension of the Easterly boundary of Sunburst Subdivision No. 2 as filed in Book 6o at page 5894 of Plats, Records of Ada County, the REAL POINT OF BEGINNING; thence continuing along said 1/16th line and Easterly boundary North o0°1724" East, 543.00 feet to a 5/8" iron pin marking the Southwest corner of Devlin Place Subdivision as filed in Book 77 at page 8o79, Records of Ada County, Idaho; thence leaving said 1/16th line and Easterly boundary South 89042'36" East, 414.65 feet along the Southerly boundary of said Devlin Place Subdivision to a 5/8" iron pin marking the Southeast corner of said subdivision, said pin also being on the Westerly boundary of Sunnybrook Farms No.1 as filed in Book 44 at page 36o9, Records of Ada County; thence leaving said Southerly boundary South 00017'24" West, 543.00 feet along said Westerly boundary to a point; thence leaving said Westerly boundary North 89042'36" West, 414.66 feet to the REAL POINT OF BEGINNING. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 8 of 7 Said parcel contains 5.17 acres, more or less. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 9 of 7 The Idaho Statesman JUN 2 63,E P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION ACC"Tse=::'�y Account IDTI# Identification Amount: 064514 1473970 SUMMARY OF ORDINANCE 01-918 1 $67.20 Ordered by: P.O. # Rate Run Dates NT June 23, 2001 CITY OF MERIDIAN Number of Lines 33 E. IDAHO AVE. 80 MERIDIAN, ID 83642 Affidavit Legal # 1 10761 4 •,,��eueeoffe4 BR �OT p06 is T ' F OF •'eyeeeeeeNe��' JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: THREE 5 consecutive weekly single =consecutive daily =odd skip insertion(s) beginning with the issue of: JUNE 2 3 , 2001 anri anriinn with tha iccua nf• .II INF 9.q 9nn1 oir+lr- uriuAnu I )ss COUNTY OF ADA On this 2 5 day of JUNE in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Ida6o Residing at: Boise, Idaho j My Commission expires: June 21, 2001 Matt Schultz J -U -B Engineers 250 S. Beechwood. Ste. 201 Boise, ID 83709-0944 Re: Devlin Place Subdivision No. 2 Dear Matt: RECEIVED 4025 2001 CITY OF MERIDTAI p t7 v 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has reviewed the above-mentioned proposed project. The storm water return was calculated on 100 -year storm, the District's requirements are for the 25 -year storm. Please revise and re -submit new plans indicating the 25 -year storm. The pressure irrigation appears to be acceptable, however the pump curves should be reviewed to ensure adequate pressure. Once the storm drainage is revised and a discharge agreement and addendum to the pressure irrigation system are in place this project will be acceptable to the District. If you have any questions, please feel free to contact me. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File Board of Directors Secretary -Treasurer Water Superintendent Ride 4 — L. Gillmore Pressure Irrigation Specialist — T. Clinton Ringert Clark Chartered — L. Burri Sharp & Smith, Inc. — J. Sharp City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 i City of Meridian .... City Clerks Office 33 E Idaho Ave. Meridian, ID. 83642 direct (208) 888-4433 - fax (208) 888-4218 Fax Cover She Date: 1711.E J©/ To: b 0,0 From: l.-� l/(/ tU,a, 5 Pages including cover: -11 3-31-(0syk �44 Regarding: tkE ASA J. DUUNTY &;-CQRDE,`Z �E n Qi1 �F a`Jf►J NAVARRQ 40�� ? FEE [) T ZUOIJIy2! PE 1:3t:3 .101060907 This sheet has been added to document to accommodate recording information. First Addendum to Development Agreement Modifying 2 a -e on Page 2 and Addendum to Exhibit B 6-5-01 D. D. & F. an Oregon general partnership to Dan Wood/ D. W., Inc. (Devlin Place No. 2) FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" The following is an addendum to that certain Development Agreement between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, and D.D.&F., an Oregon general partnership, party of the second part. DAN WOOD/D.W., INC., as assignee, has purchased property from D.D.&F., an Oregon general partnership, which property contains 5.17 acres and is described in Exhibit "A" attached hereto. DAN WOOD/D.W., INC. agrees to be bound by the terms of the original Development Agreement, except as specifically modified at 2 a -e on page 2 to reflect the change of land uses, and specifically adding additional conditions to Exhibit "B" therein attached by this First Addendum to Development Agreement hereto. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A": 1. Develop and construct a single family residential development on 5.17 acres of the property. 2. There is an existing Conditional Use Permit which must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. Council must notify the permit holder (D.D.&F.) of their intention to revoke the permit and provide D.D.&F. with the opportunity to contest the revocation. If D.D.& F. contests the revocation, a public hearing must be held. If D.D.&F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 3. Develop and construct single family residential development on 5.17 acres of the property. 4. Developer submitted a subdivision plat application, which is Case No. RZ-oo-oo8, and which plat will need to be approved by the City and recorded in the Ada County Recorder's office prior to any development. 5. The Developer or its successor shall only construct single family FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page i of 7 houses on the 5.17 acres of land, and such single family houses shall have at least one thousand four hundred (1,400) square feet of floor space, exclusive of garages, and there shall be no change to increase the number of lots or decrease the size of lots as shown on the approved final plat, which is incorporated herein as if set forth in full herein. ADDENDUM TO EXHIBIT "B" DEVELOPMENT AGREEMENT Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 1.2 The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a -e, page 2, must be modified to reflect the change of land uses. 1.3 The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. & F.) of their intention to revoke the permit and provide D.D. & F. with the opportunity to contest the revocation. If D.D. & F. contests the revocation, a public hearing must be held. If D.D. & F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 1.4 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.5 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 2 of 7 1.6 Provide five -foot -wide sidewalks in accordance with City Ordinance. 1.7 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 1.8 Street name signs and roads shall be installed before building is started. Adopt the Recommendations of the Ada County Highway District as follows: 1.9 Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 1.10 Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29 -foot street section as proposed, within 42 -feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 1.11 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 shall be required on the final plat. 1.12 Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36 -foot street sections with curb, gutter, and 5400t wide concrete sidewalks within 50 -feet of right-of-way. 1.13 Construct the turnaround to provide a minimum turning radius of 45 -feet. 1.14 Utility streets cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280. (with file numbers) for details. 1.15 A request for modification, variance or waiver of any requirement FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 3 of 7 1-1 r"Ik or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:oo a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:oo a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 1.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 1.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 1.18 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. 1.19 The applicant shall submit revised plans for staff approval, prior to FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM To EXHIBIT "B" Page 4 of 7 issuance of building permit (or other required permits), which incorporates any required design changes. 1.20 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. 1.21 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to brealdng ground within 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. 1.22 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. 1.23 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 Nampa & Meridian Irrigation District as follows: 11.24 The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the south and west boundaries of the above- mentioned proposed project. The easement of the Rutledge Lateral must be protected. IT IS SO AGREED. ;k Dated and Signed this �7day of 2001. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT"B" Page 5 of 7 ATTEST: William G. Berg, Jr., City Attest: STATE OF IDAHO, ) . ss. County of Ada ) CITY OF MERIDIAN BY: Mayor Robert Corrie OF4 r i l lVn r SFAL 9 d k isl- DAN WOOD:'':INC. BY: ;� Dan Wood, President On this 31 day of K a0 , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Dan Wood and Dixie wood known or proved to me, to be the President and Secretary of D.W., INC., an Idaho corporation, whose names are FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT"B" Page 6 of 7 subscribed to the within instrument, and acknowledged to me that said corporation executed the same. w` IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal;`tfie�'ti;ft.y and year in this certificate first above written. .......... Notary Public for Idaho Residing at: My Commission Expires: io�- /—© STATE OF IDAHO, ) . ss. County of Ada ) On this day of 2ooi, before me, the undersigned, a Notary Public in and ror said State, personally appeared Robert D. Corrie and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the da and _ y.yW ;4N,j certificate first above written. (SEAL) ••:,' OF IDP;+• f a...%* A at: Expires: 1,2k&o Notary Public for Residing My Commission FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT"B" Page 7 of 7 \\NPA NTS4o_PDC\SERVER Z\Work\M\Meridian\Meridian 1M6oM\Devlin Place 2 RZoo8 PPo25\AddendumDevAgmt.doc EXHIBIT "A" A parcel of land being a portion of the Southwest 1/4 of Section 2, T.3N., R.W., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Southwest corner of Section 2, T.3N., R.1W., B.M., Ada County, Idaho; thence South 88038'31" East, 1,326.75 feet along the Southerly boundary of said Section 2 to a 5/8" iron pin marking the West 1/16th corner of said Section 2; thence leaving said Southerly boundary North 00017'24" East, 344.01 feet along the West 1/16th line and also being an extension of the Easterly boundary of Sunburst Subdivision No. 2 as filed in Book 6o at page 5894 of Plats, Records of Ada County, the REAL POINT OF BEGINNING; thence continuing along said 1/16th line and Easterly boundary North oo017'24" East, 543.00 feet to a 5/8" iron pin marking the Southwest corner of Devlin Place Subdivision as filed in Book 77 at page 8o79, Records of Ada County, Idaho; thence leaving said 1/16th line and Easterly boundary South 89042'36" East, 414.65 feet along the Southerly boundary of said Devlin Place Subdivision to a 5/8" iron pin marking the Southeast corner of said subdivision, said pin also being on the Westerly boundary of Sunnybrook Farms No.1 as filed in Book 44 at page 36o9, Records of Ada County; thence leaving said Southerly boundary South 00017'24" West, 543.00 feet along said Westerly boundary to a point; thence leaving said Westerly boundary North 89042'36" West, 414.66 feet to the REAL POINT OF BEGINNING. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT"B" Page 8 of 7 Said parcel contains 5.17 acres, more or less. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT MODIFYING 2 a -e ON PAGE 2 AND ADDENDUM TO EXHIBIT "B" Page 9 of 7 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p.m. on February 6, 2001, for the purpose of reviewing and considering the application of J -U -B Engineers for a rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms, north of Cherry Lane; Furthermore, the applicant requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place No. 2 also generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms, north of Cherry Lane. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 8th day of January, 2001. WILLIAM G. BERG, JR. I CLERK PUBLISH January 12 and 26, 2001. OFf AL b 1,181t N VICINITY MAP DEVLIN PLACE SUBDIVISION NO. 2 1" = 300' February 6, 2001 Matt Schultz J -U -B Engineers, Inc. 250 S. Beechwood Ave., Ste. 2-1 Boise, ID 83709-0944 Re: Devlin Place Subdivision No. 2 Dear Matt: RECEIVED FEB - 9 2001 CITY OF MERIDIAllT 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 This letter is in reference to the piping and relocation of the District's Rutledge Lateral through the above-mentioned proposed project. A new easement must be described and the old easement relinquished. The boxes must be 5 -foot minimum inside and the floor must be one foot below the pipe. The siphon at the proposed street crossing must meet the Ada County Highway District's requirements and a maintenance road is required along the pipeline. Please contact the District's attorney, Bryce Farris at 342-4591 as soon as the above-mentioned changes have been made and ask that lie prepare a License Agreement to be presented to the District's Board of Directors for final approval. If you have any questions, please feel free to contact me. Sincerely, 67W� Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File Board of I>irectors Secretary -Treasurer Water Superintendent Ride 4 — L. Gillmore Ringert Clark Chartered — B. Farris Sharp & Smith, hic., hic. — J. Sharp City of Meridian Ada County Highway District APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ** TX CONFIRMA)i N REPORT ** AS OF FEB 09 '01 17 35 PAGE.01 DATE TIME TO/FROM 27 02/09 17:33 PUBLIC WORKS 28 02/09 17:34 LEGAL DEPARTMENT 29 02/09 17:34 208 888 6854 February 6, 2001 Matt Schultz J -U -B Engineers, [tic. 250 S. Beechwood Ave., Ste. 2-1 Boise, ID 83709-0944 Re: Devlin Place Subdivision No. 2 Dear Matt: , CITY OF MERIDIAN MODE MIN/SEC PGS CMD#I STATUS OF --S 00'13" 001 030 OK EC --S 00'26" 001 030 OK EC --S 00'22" 001 030 OK RECEIVED FEB - 9 2001 CITY OF MERIDLW 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208.463-0092 Phones: Areo Code 208 OFFICE: Nompo 466-7861 SHOP; Nompa 466.0663 This letter is in refLrence to the piping and relocation of the District's Rutledge Lateral through the above-mentioned proposed project. A new casement must be described and the old easement relinquished. The boxes must be 5 -foot minimum inside and the floor must be one foot below the pipe. The siphon at clic proposed street crossing must meet the Ada County Highway District's requirements and a maintenance road is required along the pipeline. Please contact the District's attorney; Bryce Farris at 342-4591 as soon as the above-mentioned changes have been made and ask that he prepare a License Agreement to be presented to the District's Board of Directors for final approval, If you have any questions, please feel free to contact me. Sincerely, Bill Henson, Asst. Water Superintendent. NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc; Fite Doard of Directors Secretary-Tremsurer water Superintelulent Ride 4 — L. Gillmore Ringcn Clark Chartered — H. Farris Sharp 8r. smith. Inc,. LIc. — J. Sharp City of Meridian Ada County Highway I)istrict APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS • ea.000 Lteroffice Memorandum To: William G From: Marlene St. Berg, Jr.^^ ) V ' Geor e I RE: Consent to Revocation of Conditional Use Permit (Case No. RZ-00-008 — Devlin Place No. 2) Date: April 18, 2001 Will: RECETV APR I c1t Meridiau City C rk OffieF On February 16, 2001, two memos and the originals of the CONSENT TO REVOCATION OF CONDITIONAL USE PERMIT and ORDER REVOIGNG CONDITIONAL USE PERMIT were delivered to your office, in the above case matter. We have the original, executed CONSENT TO REVOCATION OF CONDITIONAL USE PERMIT from Mr. Phillip Fogg, of which you will find attached to this memo. Please note that the original ORDER REVOKING CONDITONAL USE PERMIT, which was sent to your office on February 16, 2001, is now ready for the Mayor's signature. The ORDER REOWUNG CONDIONAL USE PERMIT is pursuant to the conditions of rezone of the original conditional use permit for the subject property, and which this property had to have the cup revoked by the Council for D. W., Inc. Therefore, please obtain the signature of Mayor Corrie on the ORDER REVOKING CONDIONAL USE PERMIT. After both the CONSENT and ORDER have been executed and/or approved, then the Rezone application of D. W. Inc., may be approved before the Council. Therefore, after obtaining the signature of Mayor Corrie on the ORDER, the RZ-00- 008 Findings may be presented on an upcoming Council meeting. Ifyou need anything further in this matter, please advise. Cc: File ZAWork\Nl\Nleridian\Nleridian 15360NMevlin Place 2 RZO08 PP025\BergConsentRevokeandOrder041701Mem.doc CONSENT TO REVOCATION OF CONDITIONAL USE PERMIT That D.D.&F., an Oregon general partnership, are the holders of the conditional use permit that was approved on March 11, 1997, by the Meridian City Council for the construction of an assisted living facility. That a Development Agreement was entered into between the City of Meridian and D.D.&F., an Oregon general partnership on March 10, 1997, and recorded as Instrument No. 98031450, with the Ada County Recorder's office, and which Development Agreement allowed for the conditional use permit for an assisted living facility with conditions. That D.D.&F., an Oregon general partnership, sold a portion of the property on June 12, 2000, to D.W. Inc., an Idaho corporation, who is now the present owner of said property, recorded Warranty Deed as Instrument No. 100047144, Ada County Recorder's office on June 16, 2000. That D.D.&F., an Oregon general partnership, hereby agrees and acknowledges that any future development of the remaining portion of the property will need to be approved by the conditional use permit process. That D.D.&F., an Oregon general partnership, agrees and understands that application for a conditional use permit would need to be applied for if they desire to develop the property in anyway in the future. That D.D.&F., an Oregon general partnership, hereby acknowledges that D.W Inc., an Idaho corporation, is now the legal owner of a portion of the property that the present conditional use permit for an assisted living facility was approved for on March 11, 1997. That D.D.F., an Oregon general partnership, hereby consents to the revocation of the conditional use permit for an assisted living facility. DATED this day of , 2001. D.D.&F, an Oregon General Partnership By: ! ,L Philip ogg, g General Partner 501 SE Columbia Shores Blvd., Suite 300 Vancouver, WA 98661 STATE OF WASHINGTON : ss. County of Clark On this /01 day of , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared Philip G. Fogg, or proved to me, to be the Managing General Partner of D.D.&F, an Oregon general partnership, whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. 0,,u11u11r,,1 •��, LOUC'''.�, �. ,..4460,, lfS, ., 5 ICU:) O AR y��'s i�IiZJ S PUgv oo,Go ; ,� - ry Public for Washington �'9�VA RV �� �'• %,s ••••4444.••• �� Residing at: � P`'� •`' �' %,,,��F�Ww,��•�` My Commission Expires: msg/ZAWork\M\Meridian\Meridian 15360M\Devlin Place 2 RZO08 PP025\ConsentToRevocationCUP.doc February 1, 2001 MERIDIAN CITY COUNCIL MEETING February 6, 2001 APPLICANT J -U -B Engineers ITEM NO. 1 j REQUEST Rezone of 5.17 acres from L -O to R-4 for proposed Devin Place No. 2 south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: See attached P&Z Item Packet See attached Recommendation Date: Phone: , 6,- 7.5,3U Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE PLANNING AND ZONING COMMISSION In The Matter of The REQUEST FOR REZONE of APPROXIMATELY 5.17 ACRES FOR PROPOSED DEVLIN PLACE NO.2 JUB ENGINEERS, Applicant Case No. RZ-00-008 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 5.17 acres in size. The property is generally located on the north side of Cherry Lane, east of Ten Mile Road, in Meridian. 2. The owner of record of the subject property is Dan Wood, of Boise, Idaho. 3. The Applicant is JUB Engineers, Inc., Boise, Idaho. 4. The property is presently zoned as L -O, and is vacant. 5. The Applicant requests the property be rezoned to R-4. 6. The proposed site is surrounded by residential development. 7. The subject property is within the city limits of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR REZONE - REZONE FROM L -O TO R-4 FOR DEVLIN PLACE NO.2 BY JUB ENGINEERS Service Planning Area. 9. The Applicant proposes to develop the subject property in the following manner: construct a single family residential development. 10. The Applicant's requested rezoning of the subject real property as R-4 is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning as requested by the Applicant for the property described in the application. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 The subject lot can be adequately served- by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 1.2 The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a -e, page 2, must be modified to reflect the change of land uses. 1.3 The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. &- F.) of their intention to revoke the permit and provide D.D. & F. with the RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR REZONE - REZONE FROM L -O TO R-4 FOR DEVLIN PLACE NO.2 BY JUB ENGINEERS opportunity to contest the revocation. If D.D. SL F. contests the revocation, a public hearing must be held. If D.D. S& F. has no objection, Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. 1.4 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted.to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.5 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.6 Provide five -foot -wide sidewalks in accordance with City Ordinance. 1.7 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Department as follows: 1.8 Street name signs and roads shall be installed before building is started. Adopt the Recommendations of the Ada County Highway District as follows: 1.9 Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 1.10 Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29 -foot street section as proposed, within 42 -feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 1.11 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR REZONE - REZONE FROM L -O TO R-4 FOR DEVLIN PLACE NO.2 BY JUB ENGINEERS WHITE PETERSON JAN I B n. J` ;-C.ia 07FICE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P'-;xr C• MERIDIAN .A. KEVIN E. DINRJS CHRISTOPHER S. NYE JULIE KLEIN FISCHER PHILIP A. PETERSON WM. F. GICRAy, III ERIC S. ROSSMAN BRENT J. IOHNSON TODD A. RossMAN D. SAMUEL JOHNSON DAVID M. SwARTLEY LARRY D. MOORS TERRENCE R. WHITE** WILLIAM A. MoRRow NICHOLAS D. wOLLEN WILLIAM F. NICHOLS* •Also admitted in OR ss Also admitted in WA To: Staff Applicant Affected Property Owner(s) Re: Application Case No. ATTORNEYS AT LAW 200 EAST CARLTON AvE., S= 31 POST OPFICE 80x1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAx (208) 288'2501 E-MAiL:@wppmG.com January 16, 2001 NA APA OFFICE 5700 E. FRANKLIN RD. SUITE 200 NAMPA, IDAHO 83687-8420 TEL. (208) 466-9272 FAX (208) 4664405 PLEASE REPLY TO MERIDIAN OFFICE RECEI�TEDD JAN 18 2001 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review- the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plaiuiing and Zoning Commission; and 2. That you carefullycomplete (be sure it is legible) the Position Statement if You disagree with the Findings and Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you re are a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) copies. The coples will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. VeoityAttome truly yours, 's f ice IY/ association. Notes of this shall be required on the final plat. 1.12 Unless otherwise approved, the applicant shall be required to construct all public roads, within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right- of-way. 1.13 Construct the turnaround to provide a minimum turning radius of 45 - feet. 1.14 Utility streets cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280. (with file numbers) for details. 1.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 1.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR REZONE - REZONE FROM L -O TO R-4 FOR DEVLIN PLACE NO.2 BY JUB ENGINEERS reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 1.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 1.18 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. 1.19 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. 1.20 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. 1.21 It Is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within 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. 1.22 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. 1.23 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 RECOMMENDATION TO CITY COUNCIL - 5 REQUEST FOR REZONE - REZONE FROM L -O TO R-4 FOR DEVLIN PLACE NO.2 BY JUB ENGINEERS 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 Nampa S& Meridian Irrigation District as follows: 1.24 The Nampa Sz Meridian Irrigation District's Rutledge Lateral courses along the south and west boundaries of the above-mentioned proposed project. The easement of the Rutledge Lateral must be protected. ZAWork\M\Meridian\Meridian 15360MWevlin Place 2 RZ008 PP025\RZ008DevlinNo2.wpd RECOMMENDATION TO CITY COUNCIL - 6 REQUEST FOR REZONE - REZONE FROM L -O TO R-4 FOR DEVLIN PLACE NO.2 BY JUB ENGINEERS January 2, 2001 MERIDIAN PLANNING & ZONING MEETING January 4, 2001 APPLICANT JUB Engineers ITEM NO. 7 REQUEST Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2 Between Sunburst Subivision and Sunnybrook Farms AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE, INC: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: Contacted: Y— See attached comments See attached comments Public safety concerns See attached comments 0 60 No remarks No comment No comment. See attached comments See attached comments No objection to this proposal See attached comments J' Date: I I� Phone: at biit mee it ngs shall become property of the City of Meridl � "r -7?o MEMORANDUM: LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT ('x.08) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 8845533 • FAX 888-6854 December 7, 2000 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician Steve Siddoway, Planner �� V � 1 Re: DEVLIN PLACE SUBDIVISION NO.2 ycjer�P�I� �DO - Request for Rezone of 5.17 Acres from L -O to R-4 by JUB Eil n�ers/D. W., Inc. (File RZ-00-008) - Preliminary Plat of 16 building lots and 4 common lots on 5.17 Acres by JUB Engineers/D. W., Inc. (File PP -00-025) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The subject property has a prior Conditional Use Permit (CUP) and a Development Agreement (DA) that affect this application. The 5.17 acres involved in this application is an illegal lot split of a larger 8 -acre parcel, originally owned by D.D. & F. In 1997, a rezone application (R-4 to L -O) and a CUP (for a 44 -unit assisted living facility, 16 -unit Alzheimer wing, 10 garden apartments, and a 106 -suite retirement complex) was submitted for the entire 8 acres. A condition of the rezone was for the owner to enter into a DA with the City of Meridian, which was recorded in April, 1998. If this application is approved, the existing DA will have to be modified and the existing CUP will have to be revoked, because both require an assisted living facility and senior housing to be built on the subject property. LOCATION The property is generally located on the north side of Cherry Lane, east of Ten Mile Road. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Devlin Place Subdivision, zoned R-4. South — The remnant 2.69 -acre parcel, owned by D.D. & F. is immediately south of the subject parcel. Haven Cove Subdivision, zoned R-4, is across Cherry Lane from the site. RL00-M, PP -00.025 Devlin Place 92 RZPP.dm '^ HUB OFTRE4SURE VALLEY MAYOR A Good Place to Live Robert D. Corrie CITY �JEF NE1DLAN CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 T=may deWeerd (208) 888-1433 • FAX (208) 887-4813 City Ceik Office Fax (2x.08) 888-4218 Cheese McCandless MEMORANDUM: LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT ('x.08) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 8845533 • FAX 888-6854 December 7, 2000 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician Steve Siddoway, Planner �� V � 1 Re: DEVLIN PLACE SUBDIVISION NO.2 ycjer�P�I� �DO - Request for Rezone of 5.17 Acres from L -O to R-4 by JUB Eil n�ers/D. W., Inc. (File RZ-00-008) - Preliminary Plat of 16 building lots and 4 common lots on 5.17 Acres by JUB Engineers/D. W., Inc. (File PP -00-025) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The subject property has a prior Conditional Use Permit (CUP) and a Development Agreement (DA) that affect this application. The 5.17 acres involved in this application is an illegal lot split of a larger 8 -acre parcel, originally owned by D.D. & F. In 1997, a rezone application (R-4 to L -O) and a CUP (for a 44 -unit assisted living facility, 16 -unit Alzheimer wing, 10 garden apartments, and a 106 -suite retirement complex) was submitted for the entire 8 acres. A condition of the rezone was for the owner to enter into a DA with the City of Meridian, which was recorded in April, 1998. If this application is approved, the existing DA will have to be modified and the existing CUP will have to be revoked, because both require an assisted living facility and senior housing to be built on the subject property. LOCATION The property is generally located on the north side of Cherry Lane, east of Ten Mile Road. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Devlin Place Subdivision, zoned R-4. South — The remnant 2.69 -acre parcel, owned by D.D. & F. is immediately south of the subject parcel. Haven Cove Subdivision, zoned R-4, is across Cherry Lane from the site. RL00-M, PP -00.025 Devlin Place 92 RZPP.dm _ r'1 Mayor, Council and P&Z December 7, 2000 Page 2 East — Sunnybrook Farms Subdivision, zoned R-4. West — Sunburst Subdivision, zoned R-4. REZONE COMMENTS (File RZ-00-008) The legal description submitted in the application appears to meet the requirements of the City of Meridian and State Tax Commission. 2. The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 3. The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a ---e, page 2, must be modified to reflect the change of land uses. 4. The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. & F.) of their intention to revoke the permit and provide D.D. & F. with the opportunity to contest the revocation. If D.D. & F. contests the revocation, a public hearing must be held. If D.D. & F. has no objection (the response I would anticipate), Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. PRELIMINARY PLAT COMMENTS (File PP -00-025) 1. The main issue with the plat is that it does not include the entire 8 -acre parcel, and the City does not recognize the lot split done by D.W., Inc. During the pre -application meeting, staff recommended that the plat include the entire 8 +/- acres. The plat submitted includes only the 5.17 acres purchased by D.W., Inc. from D.D. & F. Since the split was never done as part of a legal subdivision process, staff continues to recommend that the plat be modified to include the remnant parcel owned by D.D. & F. Ii; however, the Commission and Council opt to allow this plat to proceed as currently proposed, the remnant parcel will be required to do a one -lot subdivision to clean up the public record. 2. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names, with the final plat. Make any corrections necessary to conform 3. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 4. Assessment fees for water and sewer service are determined during the building plan review process. 5. Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent developments. Conceptual engineering plans submitted with the preliminary plat indicate sewer mains with less than minimum slopes and cover. Sanitary sewer service to RZ00-^ "-OO-M veviin Place #ZRZPP.e« Mayor, Council and P&Z December 7, 2000 Page 3 Lot 12, Block 1 is questionable from the system being proposed. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. Water service to this site will be via extensions from existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 7. Underground year-round pressurized irrigation must be provided to all common landscape areas on the site. 8. Applicant has indicated that the pressurized irrigation system within this development is to be an extension of existing system in Devlin Place Subdivision, which is owned and maintained by the Nampa & Meridian Irrigation District. The existing system in Devlin is has a single point connection to the City's domestic water system as a secondary source of water, and therefor the developer shall be responsible for the payment of water assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 9. The subject parcel shown currently on the plat has no street frontage, so no street buffers would be required. However, if the remnant parcel is incorporated into the plat, a 35 -foot wide landscape buffer would be required along Cherry Lane. The Comprehensive Plan designates Fairview Avenue as an entryway corridor. The landscape buffer shall be placed within a permanent landscape easement beyond the future right-of-way and designated as such on the plat. 10. Staff recommends that a micropath be required on Lot 5, Block 5, which is currently shown as a 20 -foot sewer easement. The micropath would allow residents of the subdivision to access Cherry Lane without being forced to go around through the adjacent subdivisions. 11.5% common open space is required per City Ordinance 12-13-16. For the proposed 5.17 - acre subdivision, a minimum of 11,260 s.f of open space is required. The storm drainage pond, Lot 13, Block 1 (approximately 8900 s.f.), can count toward the open space if it is designed in accordance with Ordinance 12-13-14. Lot 5, Block 5 can also count if a micropath is developed over the sewer easement in accordance with Ordinance 12-13-15. The landscape lot on Lot 20, Block 2, may also count as open space, because it is not a required street buffer, if it is planted with grass and trees for beautification of the subdivision. The applicant should verify how they intend to comply with this requirement, and the actual area provided. 12. No landscape plan was submitted with the application. A detailed landscape plan shall be submitted for review and approval with the Final Plat application, in conformance with City Ordinance 12-13. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. RZ-00-008, PP-MO25 Devlin Place H2.RZ.PP.dm r;. Mayor, Council and P&Z December 7, 2000 Page 4 GENERAL REQUIREMENTS (Both Applications) 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 4. All construction shall conform to the requirements of the Americans with Disabilities Act. RZ-00-", PP-O&MS Devlin Place #2.RZPP.dm MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless NUB OF TREASURE VALLEY ! A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO NIERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 AND ZONING 7MENT i • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPM WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: November 6, 2000 File No.: RZ-00-008 December 5. 2000 Hearing Date: December 12, 2000 Request: Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2 By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department _ < Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: 11- 3 �(D O City Planner _ Parks Department (Residential Gen - 26 PP/FP/PFP - 30 AZ - 27 SUPERINTENDENT Christine H. Donnell Joint School Preporing Q Today's O 0 Students for n 83642 • (208) 888-6701 • Fax (208) 888-6700 Tomorrow's Challenges. SUPERINTENDENT Christine H. Donnell Joint School District No. 2 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 November 14, 2000 City of Meridian 3.3 East Idaho Meridian, Idaho 83642 Dear Councilmen: FXcElvED NOY 1 S 2000 CITY OF MERID1AiY Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888- 6701. Reference: Devlin Place No. 2 Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary School is over capacity. The school district is currently busing students fr6m new developments to elementary schools outside Chaparral Elementary School's attendance boundary. Meridian Middle School is at capacity. Eagle High School is over capacity. At this point the school district is dealing with growth by providing portable classrooms. With the passage of the General Obligation Bond on September 19`h a new high school will soon be under construction. We can predict that these homes, when completed, will house four (4) elementary aged children, four (4) middle school aged children, and five (5) senior high aged students. Sincerely, Wendel Big ham Supervisor of Facilities and Construction r ..w" ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat — Devlin Place No. 2/MPP-00-025/MRZ-00-008 PcElvED NOV 2 7 2000 CITY OF MERIDIAN 16 -lots This application has been referred to ACHD by the City of Meridian for review and comment. Devlin Place No. 2 is a 16 -lot residential subdivision on 5.17 -acres. The applicant is requesting a rezone from L -O to R-4. The site is located at the terminus of Gemstone Drive and Higan Street. This development is estimated to generate 160 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The existing zoning could generate up to 440 trips per day. Roads impacted by this development: Gemstone Drive Higan Street ACHD Commission Date — November 29, 2000 - 7:00 p.m. Devlin Place No. 2.cmm Page 1 r\ M - ... . _ VICINITY MAP DEVLIN PLACE SUBDIVISION NO. 2 1 " — .7 n n' N JL Facts and Findings: A. General Information Owner –Dan Wood Applicant – J.U.B. L-0 - Existing zoning (limited office) R-4 - Requested zoning (residential) - 5.17 - Acres 16 - Proposed building lots 4 - Proposed common lots 1,000 - Total lineal feet of proposed public streets 160 - New trips generated ' 261 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Gemstone Drive Local street No traffic count available 50 -feet of frontage 50 -feet required right-of-way for its extension ' Gemstone Drive is improved with a 37 -foot street section with curb, gutter and sidewalk within 50 -feet of right-of-way. Hi ea— n S_ Local street - No traffic count available 42 -feet of frontage 42 -feet required right-of-way for its extension Higan Street is improved with a 29 -foot street section with curb f,gutter and sidewalk. B. On November 13, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On November 17, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts + and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved by the District. Contact Construction Services at 387-6280 (with file numbers) for detai�lsWriting Devlin Place No. 2.cmm Page 2 Y; D. The applicant is proposing to extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. Staff supports the extension of this stree 36 -foot street section within 50 -feet of right-of-way, t as a E. The applicant is proposing to extend Higan Street into the site at the north property line to connect to the proposed Gemstone Drive. Staff supports the extension of this street. F. The applicant is proposing to construct Higan Street as a reduced street section to match the existing improvements in Devlin Place Subdivision: The District accepts local residential public roads with a 29 -foot street section witharking ``y.. prohibited on one side, if the amount of vehicle trips per day on the street does not exceed 1,000VTD or less. The proposed density of development that will utilize Higan Street will Man.'s generate less than 1,000 vehicle trips per day. This street may be constructed as proposed with a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 42 -feet of right- of-way and located as proposed. Parking should be restricted on one side of the roadway. A signage plan should be submitted for review and approval by Planning and Development staff. G. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. H. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. I• The turnaround should be constructed to provide a minimum turning radius of 45 -feet. J. The applicant is not proposing to construct a stub street to the parcel to the south because that site has previously been approved as an assisted living facility with a driveway on Cherry Lane. K. Based on development patterns in this area and the resulting traffic generation, staff anticipates µ that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met orrovid for prior to ACHD approval of the final plat: P ed Site Specific Requirements: 1 • Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 2. Extend Higan Street into the site at the north property line as proposed to connect to the Proposed Gemstone Drive. Construct Higan Street as a 29 -foot street section as proposed, Devlin Place No. 2.cmm Page 3 within 42 -feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 3. 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 shall be required on the final plat. 4. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 5. Construct the turnaround to provide a minimum turning radius of 45 -feet. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Standard Requirements: 1 • A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall s ecificall identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. _y 2• After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall Decifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its ori inal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. r 3. Payment of applicable road impact fees are required prior to building constriction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. Devlin Place No. 2.cmm Page 4 - 4 All design and construct' on shall be in accordance with the Ada Count Qh�vay District Policy Manual, ISPWC Standards and approved supplements, Constru tion Procedures and all applicable ACHD Ordinances unless specifically waived he eine An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, (or other required pen-nits), which incorporates any required design changes. of building permit 6. Construction, use and property development shall be in conformance with allapplicable requirements of the Ada County Highway District prior to District approval for occupancy. ` 7. It is the responsibility of the applicant to verify all existing utilities within tright-of-way. .max Existing utilities damaged by the applicant shall be repaired by theapplicant at nt to ACHD. The applicant shall be required to call DIGLINE (1-800-342585) at least two full business days prior to breaking ground within ACHD right-of-way. Theapplicant ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spae or fiilledall areontact compromised during any phase of construction. ) �• 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. 9. 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. Conclusion of Law: ACHD requirements are intended to assure that the proposed use%development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. _Submitted by: Commission Action: Plan�iin�and Development Staff Devlin Place No. 2.cmm Page 5 r , _ PXcElvED N O V 2 0 2000 CITY OF MERMAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 November 14, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: RZ-00-008 Rezone from L -O to R-4 for proposed Devlin Place No. 2 Dear Commissioners: The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the south and west boundaries of the above-mentioned proposed project. The easement of the Rutledge Lateral must be protected. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 December 19, 2000 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 PcEMED DEC 2 2 2000 CITY OF MERIDIAN �aCt� Bt mien-icilaci 49mti9att4ct Z)i¢dZict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: Rezone from L -O to R-4 for proposed Devlin Place No. 2 Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the rezone for the above- mentioned application, however the District will reserve any further comment until the preliminary plat can be reviewed and we know if this proposed project will impact the District. The District's Rutledge Lateral courses along Cherry Lane then flows north on the west boundary of this proposed project. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 WEIVED DEC -9 2000 CITY OF MERIDL4N 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 December 5, 2000 OFFICE: Nampa 466-7861 Meridian City Hall SHOP: Nampa 466-0663 33 East Idaho Street Meridian, ID 83642 Re: Rezone of 5.17 acres from Light Office to R-4 for proposed Devlin Place Subdivision No. 2 Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone, however, the District's Rutledge Lateral course along the south and west boundary of the above- mentioned proposed project. Any encroachments without written approval within the easement of the Rutledge Lateral are unacceptable. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File — Shop File — Office Water Superintendent Ddu �i-jl,icl Judy Peavey -Derr, President v Dave Bivens, Vice President 318 East 37th Street Marlyss Meyer, Secretary Garden City, Idaho 83714-6499 Sherry R. Huber, Commissioner Phone (208) 387-6100 Susan S. Eastlake, Commissioner Fax (208) 387-6391 E-mail: tellus@achd.ada.id.us December 1, 2000 TO: Daren Fluke J -U -B Engineers, Inc. 205 S Beechwood Ave. Suite 201 Boise, ID 80709 FROM: Christy Richardson, Principal Devplo ment Analyst Planning & Development C'. ,�lelzrl aa_o SUBJECT: Preliminary Plat: 16 -lot Subdivision Street � CEIVED DEC - 9 2000 CITY OF IMERIDIAN Gemstone Drive/Higan On November 29, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District.­­- 2. istr' ..,,_m. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority to ether with the payment of fee charged for the manufacturing and installation of all street signs. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The applicant is proposing to extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. Staff supports the extension of this street as a 36 -foot street section within 50 -feet of right-of-way. E. The applicant is proposing to extend Higan Street into the site at the north property line to connect to the proposed Gemstone Drive. Staff supports the extension of this street. F. The applicant is proposing to construct Higan Street as a reduced street section to match the existing improvements in Devlin Place Subdivision: The District accepts local residential public roads with a 29 -foot street section with parking prohibited on -one side, if the amount of vehicle trips per day on the street does not exceed 1,000VTD or less. The proposed density of development that will utilize Higan Street will generate less than 1,000 vehicle trips per day. This street may be constructed as proposed with a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 42 -feet of right- of-way and located as proposed. Parking should be restricted on one side of the roadway. A signage plan should be submitted for review and approval by Planning and Development staff. G. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. H. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. I. The turnaround should be constructed to provide a minimum turning radius of 45 -feet. The applicant is not proposing to construct a stub street to the parcel to the south because that site has previously been approved as an assisted living facility with a driveway on Cherry Lane. K. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Devlin Place No. 2.cmm Page 3 Site Specific Requirements: 1 • Extend Gemstone Drive into the site at the east property line between Lot 9, Block I and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 2• Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29 -foot street section as proposed, within 42 -feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 3• 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 shall be required on the final plat. 4. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 5• Construct the turnaround to provide a minimum turning radius of 45 -feet. 6• Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 7�Standard Rea ui s 3 rements• t1:$ .tot . .�.'� .. . .. ^,•+4`.t'e' .' n„�x, :?.,.... - A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of Devlin Place No. 2.cmm Page 4 C-1. data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within 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. 8'. No''c ange'ifi'tlie terms and c5nditi6fi of'this appr6VAI Shall be valid unl6 ffiey4 are iri writing and signed by the applicant or the applicant's authorized representative arid�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. 9. 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. Devlin Place No. 2.cmm Page 5 Conclusion of Lary: 1 • ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the -vicinity by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Commission Action: November 29, 2000 Devlin Place No. 2.cmm Page 6 01/04/01 09:59 X208 323 9336 J -ti -B ENG. BOISE JAN 03 '01 18:08 FR Cr -TY OF MERIDIAN 200 884 4259 TO 3.rt39336 0001/001 PcIP"vED JAN " 4 2001 "ity of Meridian. RZ 00.008 Request fbr Rezone of 5.17 acres from L -O to R-4 by JUB Engineers f& Clerk Office proposed Devlin Place No. 2 — south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: PP -00-025 Request for Preliminary Plat approval for 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone by JUB Engineers for proposed Devlin Place No. 2 — south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: Please sign and have the following statement notarized and return to the Meridian City Clerk prior to the public hearing on 1/04/01. I, j.� �,11 , the undersigned, acknowledge my responsibility to post the property for public hearing one week prior to the hearing date. Failure to properly post the property will increase the possibility of any approval being overturned should the application be contested. I am aware that to proceed with a public hearing without posting of the property as required by Idaho Code would be at my own risk. lse= Signature •, STATE OF IDAHO ) ' ) ss. County:: '" It On this 41-- day of January, 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared 7) Q v e ,, F known of identified to me to be the authorized agent of who duly acknowledged to me that (s)he executed the within instrument on behalf of said (individual/corporation/partnership) and that said(individuaUcorporation/partn.ership) executed the same.. ��9�ercoeeo.eje •. Notary ublic for Idaho �pY ARS ' Residing at 73 Id !� s{r A&1) L`G >i Commission Expires: -2 /1 nl� JAN 04 '01 10:03 208 323 9336 PAGE.01 NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho , Street, Meridian, Idaho, at the hour of 7:00 p.m, on January 4, 2001, for the purpose of reviewing and considering the, applica- tions of: Gem Star Progenies for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank wim a arive-mru reuer .in an L - JJ zone generally located in the Magic View Office Complex west of Eagle Road, north of Magic View Drive; , Brighton Corporation for a Conditional Use Permit for a sales and prosect infor- mation office in a temporary trailer cur- rently in an R-4 zone in Ashford. Greens No.4 at Black Cat Road and North Waggle Place; Lombard -Conrad for a Conditional Use Permit to construct the new Meridian City Police Department in an R-8 zone gener- ally located south of Franklin and west of Locust Grove Road; Johnson Architects for a Conditional Use Permit for, temporary placement of an office trailer to serve as Sonntag Eye. Associates office during construction gen- erally located at Gentry' Way and Allen Street; JUS Engineers for Rezone of 5.17 acres from` .L -O to - R4 for Proposed Devlin Place Subdivision No. 2; -furthermore, the applicant also 'requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for Proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunny - brook Farms; Gem Park It Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R4 zone for Proposed Tuscany Lakes Subdivision generally located at the southwest comer of Victory Road and Eagle Road; Potter Land Surveying for rezone of .25 acres from R-8 to C -G for general com- mercial use for .proposed Tranquility Hubble Engineering, Inc. for Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision; furthermore the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C -G zone for proposed Sparrowhawk Subdivision generally located on the northeast comer of Nola Road and Franklin Road. Pub. Dec.15,29, 2000 9063 A ** TX CONFIRMS JN REPORT ** AS OF JAN 03 19:08 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 01/03 18:07 208 323 9336 EC --S 00'56" e02 133 OK •--------------------------------------------------------------------------------------- �l Dear Applicant: As the applicant/applicant's representative for one of the projects listed below, you are aware that the public hearings previous scheduled for December 12, 2000, were renoticed for the January 4, 2001 P&Z Commission meeting. A memo dated December 11, 2000, from William G. Berg, Jr., Meridian City Clerk, informed you of your responsibility to repost the property one week prior to the new hearing date. If the property was not reposted, any application runs a greater risk of being overturned for not following the proper procedure if there is opposition to the application. CUP 00-049 Request for Conditional Use Permit to construct a branch bank with drive- thru teller by Mountain West Bank — Magic View Office Complex: CUP 00-050 Request for Conditional Use Permit for a sales and project information office in a temporary trailer for Ashford Greens No. 4 by the Brighton Corporation -- Black Cat Road and north Waggle Place: CUP 00-053 Request fib Use Permit tract a 3-sto - m hotel for pro n e Inn by B and A pment — Magi w rive/Allen Str . of Eagle Road: CUP 00-054 Request for Conditional Use Permit to construct the new Meridian City Police Station by Lombard -Conrad Architects — south of Franklin Road and west of Locust Grove Road: CUP 00-055 Request for Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction by Johnson Architects — Gentry Way and Allen Street: PP 00-023 Request for Preliminary Plat approval for 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire No. 2 by Gem Star Properties — east of Black Cat and south of Ustick Road: AZ 00-023 Request for Annexation and Zoning of 156.21 acres to R-4 for proposed Tuscany Lakes Subdivision by Gem Park H Partnership — south of Victory Road and west of Eagle Road: CUP -00-052 Request for Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone to permit variance from lot size, frontage, and cul-de-sac and block length requirements for proposed Tuscany Lakes Subdivision by Gem Park II Partnership — south of Victory Road and west of Eagle Road: PP 00-024 Request for Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park 11 Partnership — south of Victory Road and west of Eagle Road: Dear Applicant: As the applicant/applicant's representative for one of the projects listed below, you are aware that the public hearings previous scheduled for December 12, 2000, were renoticed for the January 4, 2001 P&Z Commission meeting. A memo dated December 11, 2000, from William G. Berg, Jr., Meridian City Clerk, informed you of your responsibility to repost the property one week prior to the new hearing date. If the property was not reported, any application runs a greater risk of being overturned for not following the proper procedure if there is opposition to the application. CUP 00-049 Request for Conditional Use Permit to construct a branch bank with drive- thru teller by Mountain West Bank — Magic View Office Complex: CUP 00-050 Request for Conditional U office in a temporary trailer for Ashford Black Cat Road and north Waggle Place: CUP 00-053 Request fo 1 Use for pro e Inn by B and A of Eagle Road: se Permit for a sales and project information Greens No. 4 by the Brighton Corporation -- a 'Allen hotel CUP 00-054 Request for Conditional Use Permit to construct the new Meridian City Police Station by Lombard -Conrad Architects — south of Franklin Road and west of Locust Grove Road: CUP 00-055 Request for Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction by Johnson Architects — Gentry Way and Allen Street: PP 00-023 Request for Preliminary Plat approval for 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire No. 2 by Gem Star Properties — east of Black Cat and south of Ustick Road: AZ 00-023 Request for Annexation and Zoning of 156.21 acres to R-4 for proposed Tuscany Lakes Subdivision by Gem Park 11 Partnership — south of Victory Road and west of Eagle Road: CUP -00-052 Request for Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone to permit variance from lot size, frontage, and cul-de-sac and block length requirements for proposed Tuscany Lakes Subdivision by Gem Park II Partnership — south of Victory Road and west of Eagle Road: PP 00-024 Request for Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park H Partnership — south of Victory Road and west of Eagle Road: RZ 00-008 Request for Rezone of 5.17 acres from L -O to R-4 by JUB Engineers for proposed Devlin Place No. 2 — south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: PP -00-025 Request for Preliminary Plat approval for 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone by JUB Engineers for proposed Devlin Place No. 2 — south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: Please sign and have the following statement notarized and return to the Meridian City Clerk prior to the public hearing on 1/04/01. I, , the undersigned, acknowledge my responsibility to post the property for public hearing one week prior to the hearing date. Failure to properly post the property will increase the possibility of any approval being overturned should the application be contested. I am aware that to proceed with a public hearing without posting of the property as required by Idaho Code would be at my own risk. Signature Title: Date: STATE OF IDAHO ) ss. County of ) On this day of January, 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the authorized agent of , who duly acknowledged to me that (s)he executed the within instrument on behalf of said (individual/corporation/partnership) and that said (individual/corporation/partnership) executed the same. Notary Public for Idaho Residing at Commission Expires:_ NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the P.m. on January 4, 2001, for the purposer of reviewing and considering the, applica- tions of: Gem Star Properties for Prelimin ry Plat approval of 30 building lots and 2 other lots on 16.4 acres In an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with a drive-thru teller in an L -O zone generally located in the Magic View Office Complex west of Eagle Road, north of Magic View Drive; Brighton Corporation for a Conditional Use Permit for a sales and prosect infor- mation office in a temporary trailer cur - Lombard -Conrad for a Conditional Use Permit to construct the new Meridian City Police Department in an R-8 zone gener- ally located south of Franklin and west of Locust Grove Road; Johnson Architects for a Conditional Use Permit for, temporary Placement of an office trailer to serve as Sontag Eye, Associates office during construction gen= erally located at Gentry' Way.and Allen Street; JUS Engineers for Rezone of 5:17 acres from .f. -O to R-4 for Proposed, Devlin i Place Subdivision No. 2; furthermore, the applicant also requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres In a proposed R-4 zone for Proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunny - brook Farms; Gem Park It Partnership for Annexation ; and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests" Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a Proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R4 zone for tienermy wcaTea ay me soumwesT comer of Victory Road and Eagle Road; Potter Land Surveying for rezone of .25 acres from R-8 to C -G for general com- mercial use for .proposed Tranquility Ponds generally located at East 3rd Street and Fairview Avenue; Hubble Engineering, Inc. for Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision; furthermore the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C -G zone for proposed Sparrowhawk Subdivision generally located on the northeast comer of Nola Road and Franklin Road. Pub. Dec.15,29, 2000 9063 ♦..F4ti any ,. The Idaho -� Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATI01geo nting Account # DTI# Identification Amount: 064514 376969 PUBLIC HEARING $116.64 Ordered by: P.O.# Rate Run Dates SHELBY NT DECEMBER 15, 29, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 81 Affidavit Legal # MERIDIAN, IDAHO 83642 1 9063 a .oTAR Y ,'�I V� �w'�9�sso�•41 �` q4 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, TWO Idaho Code, as amended for: consecutive weekly = single =consecutive daily odd skip insertion(s) beginning with the issue of: DECEMBER 15 , 2000 ....,-I .....A:.... ...;+k 0- nf• r1Ff'1=hARFR 90 innn STATE OF IDAHO ) )Ss COUNTY OF ADA On this 2 day of JANUARY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same Notary Public for Idaho J Residing at: Boise, Idaho My Commission expires: CI CENTRAL STRICT CENTRAL DISTRICT HEALTH DEPARTMENT Return to: DIEALTH Environmental Health Division LJ Boise DEPARTMENT ❑ Eagle n Rezone # _ ,� Z —00 —cc)—cc)❑ Garden City Conditional Use # Meridian Ll Kuna Preliminary / Final / Short Plat L) Aun / �y 11A) L) CZ L11 Star ►.WA /4 1. We have No Objections to this Proposal. N O V 1 4 2000 ❑ 2. We recommend Denial of this Proposal. CY OF MERIDIAN ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: // / 5 / G6, Reviewed By: CORD 9A0 ticc Review Sheet 11/17/2000 07:39 2088885052 SANITARY SERVICE PAGE 04 HUB OF TREASURE VALLEY MAYOR Robert 0 Corrie CITY COUNCIL. MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPART`tEN'T MS) 2$8-2499 - Fax 2$8•:501 PUBLIC WORKS BUILDING DEPARTMENT (206)667.2211- Fax 887.1297 PLANNING AND ZONING DEPARTtENT (203) 331-5573 - Fax SSS -685-1 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: RZ-00-008 Request: Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2 By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z Bill Nary, PIZ Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) GBP. . 26 PP/FP1PF0 . 30 HL . 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department RECEIVE]) N 0 V 1 7 2000 CITY OF MERIDIAN NOU 17 '00 06:48 2088885052 PAGE.04 MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 59 2000 Transmittal Date: November 6, 2000 Hearing Date: File No.: RZ-00-008 December 12, 2000 Request: Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2 By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C -� Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Your Concise Remarks: City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ .27 F.EcEIVED PlOV 14 2000 CITY OF MERIDIAN Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department RRCE1 VED N 0 V - 9 2000 Meridian City Water Superinten&g TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: November 6, 2000 File No.: RZ-00-008 December 5, 2000 Hearing Date: December 12, 2000 Request: Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2 By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Gen - 26 PP/FP/PFP - 30 AZ - 27 pcv,'VED NOV 1 4 M1 City of Meridiani City Clerk Offiee HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 •Fax 288-2501 Robert D. Come CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 •Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 Cherie McCandless TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: November 6, 2000 File No.: RZ-00-008 December 5, 2000 Hearing Date: December 12, 2000 Request: Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2 By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Gen - 26 PP/FP/PFP - 30 AZ - 27 pcv,'VED NOV 1 4 M1 City of Meridiani City Clerk Offiee Z0'BJdd bbL0b8880Z HUB OF TREASURE VALLEY MAYOR A Good Place to Live Robert D. Corric CITY OF MEWDIAN CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887.4813 Tanuny dcWeerd City Clerk Office Fax (208) 888-4218 Cherie McCandless 92:9T 00, 0Z PION LEGAL DEPARTMENT (208) 298-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887.1297 PLANNING AND ZONING DEPARTMENT (208) 884.5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 5, 2000 Transmittal Date: November 6, 2000 Hearing Date: December 12, 2000 File No.: RZ-00-008 Request. Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2 By: JUB Engineers Location of Property or Project: Directly south of Devlin Place between Sunburst Subdivsion and Sunnybrook Farms Sally Norton, PIZ Bill Nary, PIZ Jerry Centers, PIZ Richard Hatcher, PIZ Keith Borup, PIZ Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department X Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Reside Gcn - 26 PP!FP!PFP .30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department IRWIF,rvED N O V 2 0 2000 CITY OF MERIDIAN A T /Z0d bbLAbSgSOZ=a I M31`dM319VM NV I a TH7W ZZ : 91 On -n7 -TT 11'•. ** TX CONFIF ION REPORT ** AS OF DEC il_­13 12:53 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 10 12/11 12:46 PUBLIC WORKS OF --S 02'36" 010 067 OK ii 12/11 12:50 208 888 6854 EC --S 02'56" 010 067 OK ----------------------------------------------------------------------------------------- . Adl CottntyWityhwau Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.adaJd.us December 1. 2000 TO: Daren Fluke J -U -B Engineers, Inc. 205 S Beechwood Ave. Suite 201 Boise, ID 80709 FROM: Christy Richardson, Principal Develo ment Analyst Planning & Development C'. ���n� a_o SUBJECT: Preliminary Plat: 16 -lot Subdivision Street ful-, EI) DEC -- g 2000 CITY OF MERIDIAN Gemstone Drive/Higan On November 29, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority to ether with the payment of fee charged for the manufacturing and installation of all street signs. ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 12/11 08:10 PUBLIC WORKS 12/11 08:10 208 888 6854 AS OF DEC 11 'uo 08:11 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'11" 001 023 OK EC --S 00120" 001 023 OK RWEIvED DEC - 9 2000 CITY OF AZE.R1fDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX 9 208-d63-0092 December 5, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Meridian City Hall SHOP: Nompo 166-0663 33 East Idaho Street Meridian, ID 83642 Re: Rezone of 5.17 acres from Light Office to R-4 for proposed Devlin Place Subdivision No. 2 Dear Commissioners The Nampa & Meridian Irrigation District has no comment on the rezone, however, the District's Rutledge Lateral course along the south and west boundary of the above- mentioned proposed project. Any encroachments without written approval within the easement of the Rutledge Lateral are unacceptable. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - d0,D00 15 16 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 1222 15:11 PUBLIC WORKS 1222 15:12 206 888 6854 AS OF DEC 22 '6d 15:12 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD## STATUS OF --S 00'12" 001 198 OK EC --S 00121" 001 198 OK RECErVIED DEC 2 2 2000 CITY OF HERIDIAN *76" i Ja Z)aft Cr 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463.0092 December 19, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re: Rezone from L -O to R-4 for proposed Devlin Place No. 2 Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above- mentioned application, however the District will reserve any further comment until the preliminary plat can be reviewed and we know if this proposed project will impact the District. The District's Rutledge Lateral courses along Cherry Lane then flows north on the west boundary of this proposed project. Sincerely, *4ns:n, Asst- Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40.000 Certified Mailing Return's Project Name File No(s) �2 0U'0 09 FP au Date of Hearing Name Address Reason for Return I. a_t__I j u� A- p 4S J94 e Ca- ti b' i i� r r� c �> 4,c� �� "v g vx est( IH d;�- �r�►r�d dv- I q1 -IL } 30 q?- A-. ** TX CONFIT 'ION REPORT ** DATE TIME TO/FROM 07 11/27 14:05 PUBLIC WORKS 08 11/27 14:07 208 888 6854 i--, AS OF NOU 27 dO 14=10 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 02'09" 007 036 OK EC --S 02'27" 007 036 OK pXCEIVED 7,11 ADA COUNTY HIGHWAY DISTRICT Nov 2 7 2noo �TTy OF ME2000 Planning and Development Division IAN Development Application Report Preliminary Plat — Devlin Place No, 2/MPP-00-025/MR7--00-008 16 -lots r koaen; wooly war, mwK This application has been referred to ACHD by the City of Meridian for review and comment. Devlin Place No. 2 is a 16 -lot residential subdivision on 5.17 -acres. The applicant is requesting a rezone from LO to R-4_ The site is located at the terminus of Gemstone Drive and Higan Street. This development is estimated to generate 160 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The existing zoning could generate up to 440 trips per day. Roads impacted by this development: Gemstone Drive Higan Street ACHD Commission Date — November 29, 2000 - 7:00 p.m. Devlin place No. 2.cmm Page I ** TX CONFIRr,...ION REPORT ** DATE TIME TO/FROM 06 12/11 17:06 208 323 9336 MAYOR Robcrt D. Corric CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWccrd Cheric McCandless AS OF DEC 11 00 17:07 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD#1 STATUS EC --S 00'34" 001 109 OK HUB OF TREASURE VALLEY A Good Place to Livc CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 Cily Ctcrk Office Fax (208) 688-4218 December 11, 2000 Applicants for Projects: Dear Applicant CUP 00-049 Mountain West Bank CUP 00-050 Ashford Greens #4 Subdivision CUP 00-053 Ameritel Inn CUP 00-054 Meridian Police Station CUP 00-055 Sonntag Eye Associates PP 00-023 Autumn Faire #2 Subdivision AZ 00-023 Tuscany Lakes Subdivision CUP 00-052 Tuscany Lakes Subdivision PP 00-024 Tuscany Lakes Subdivision RZ 00-008 Devlin Place #2 Subdivision PP 00-025 Devlin Place #2 Subdivision DEPARTMENT � F 233 ?S01 rid¢ !11 r ,r Due to the incorrect Notice of Public Hearings being published in the Idaho Statesman for the above listed projects, these projects have been rescheduled for Thursday, January 4, 2001 at 7.00 p.m. at the Council Chambers in the Meridian City Hall. The notices will be re -noticed for the new public hearing date. These projects will need to be reposted one week prior to the new hearing date. We are sorry for the inconvenience. Please contact me with any questions or concerns- Thank you for your cooperation. Sincerely JKaz William G. Berg, Jr. City Clerk ** TX CONFI. CION REPORT ** DATE TIME TO/FROM 24 11/20 14:35 PUBLIC WORKS 25 11/20 14:35 LEGAL DEPARTMENT 26 11/20 14:36 208 888 6854 AS OF NOU 20 �O 14:37 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'11" 001 172 OK EC --S 00'21" 001 172 OK EC --S 00'20" 001 172 OK RECElvIED N 0 V 2 0 2000 CITY OF MERIDIAN r 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-A395 FAX k 208-463-0092 November 14, 2000 Phones: Area Code 208 OFFICE: Nampo A66-7861 Will Berg, City Clerk SHOP: Nampo 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re: RZ-00-008 Rezone from L -O to R-4 for proposed Devlin Place No. 2 Dear Commissioners: The Nampa & Meridian Irrigation District's Rutledge Lateral courses along the south and west boundaries of the above-mentioned proposed project. The easement of the Rutledge Lateral must be protected. Sincerely, ✓wdl"y� Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS -23,0W BOISE PROJECT RIGHTS - 40,000 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 4, 2001, for the purpose of reviewing and considering the application of JUB Engineers for Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place No. 2; Furthermore, the applicant also requests Preliminary Plat approval for 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 12th day of December, 2000 ��4q�ttilJ�tf#iltr+� HL/� lOF WILLIAM G. BERG, JR.,� IT CLERK i �! t" PUBLISH December 1 a ecembs t", ?000. ra•�w�.a�aca��.�� VICINITY MAP DEVLIN PLACE SUBDIVISION NO. 2 1" = 300' NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 4, 2001, for the purpose of reviewing and considering the applications of: Gem Star Properties for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Chert' Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with a drive-thru teller in an L -O zone generally located west of Eagle Road, north of Magic View Drive; Brighton Corporation for a Conditional Use Permit for a sales and project information office in a temporary trailer in an R-4 zone in Ashford Greens No.4 at Black Cat Road and North Waggle Place; Lombard -Conrad for a Conditional Use Permit to construct the new Meridian City Police Department in an R-8 zone generally located south of Franklin and west of Locust Grove Road; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction generally located at Gentry Way and Allen Street; JUB Engineers for Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place Subdivision No. 2; furthermore, the applicant also requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms; Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Victory Road and west of Eagle Road; Potter Land Surveying for rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds generally located at East 3rd Street and Fairview Avenue; Hubble Engineering, Inc. for Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision; furthermore the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C -G zone for proposed Sparrowhawk Subdivision generally located on the northeast corner of Nola Road and Franklin Road. PUBLISH December 15th and 291h, 2000 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on December 12, 2000 for the purpose of reviewing and considering the application of JUB Engineers for Rezone of 5.17 acres from Light Office to R-4 for proposed Devlin Place Subdivision No.2; Furthermore, the applicant also requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No.2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms . A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 7th day of November, 2000 WILLIAM G. 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I I D I 1 j a tD =�a S cc m o N 3 O = n O< N NO d :1O�c v 0 s NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on August 8, 2000, for the purpose of reviewing and considering the applications of: Gem Star Properties for Preliminary Plat approval of 16.4 acres with 30 building lots and 2 other lots in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with a drive-thru teller in an L-0 zone generally located in the Magic View Office Complex west of Eagle Road, north of Magic View Drive; B and a Development for a Conditional Use Permit to construct a 3 -story, 87 - room hotel for proposed Ameritel Inn in an L -O zone generally located at Eagle Road and Interstate -84; Brighton Corporation for a Conditional Use Permit for a sales and project information office in a temporary trailer currently in an R-3 zone in Ashford Greens No.4 at Black Cat Road and North Waggle Place; Lombard -Conrad for a Conditional Use Permit to construct the new Meridian City Police Department in an R-8 zone generally located south of Franklin and west of Locust Grove; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates during construction generally located at Gentry Way and Allen Street; JUB Engineers for Rezone of 5.17 acres from Light Office to R-4 for proposed Devlin Place Subdivision No. 2; furthermore, the applicant requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms; Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development consisting of 353 building lots and 39 other lots generally located at the southwest corner of Victory Road and Eagle Road for proposed Tuscany Lakes Subdivision. PUBLISH November 24th and December 8th, 2000