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Keltic Heights Subdivision AZ 00-020CITY CLERK FILE CHECKLIST Project Name: Keltic Heights Subdivision File No. AZ -00-020 Contact Name: Kent Brown Phone: 344-9700 Date Received from Planning and Zoning Department: September 27, 2000 Planning and Zoning Level: Hearing Date: November 14, 2000 Fil Transmittals to agencies and others: October 13, 2000 0 Notice to newspaper with publish dates: 27 -Oct -00 and 10 -Nov -00 Certifieds to property owners: Notes: Planning and Zoning Commission Recommendation: ❑ Approve Den Y City Council Level: Transmittals to agencies and others: L� Notice to newspaper with publish dates LJ Certifieds to property owners: ❑ City Council Action: 97 Hearing Date: ��u�l �-� �o� 2m (l Z and 1 Approve ❑ Deny ❑ Findinas / Conclusions /Order received from attorney on: Findings / Conclusions / Order: Approved by Council: Resolutions: Original Res I Copy Celt: Mlnutebo°k Copies Copy Res / Copy Carl: City Clerk City Engineer Disbursed: City Planner ❑ Findings Recorded City Attorney Stefh"g`ndlfiers Project File Development Agreement: C.Res / Original Carl: Ada County (CPAs) E]Applicant Sent for signatures: (non -CPAs) RecwdedOrdinances_- Signed by all parties: Original: Minutebook Copies to: City Clerk State Tax Comm, ❑ Approved by Council: State Treasurer, Auditor, Assessor SterlingCodifiers F-1Recorded: City Attorney CityEngineer City Planner ❑ Copies Disbursed: Project file (Dappl) findings Findings / Ortlere: Ordinance No. Resolution No. Original: Minutebook Copies Project 1:1 Approved Approved by Council: Engineer ❑ Recorded: Deadline: 10 days it CPlanner City Attorney Record Vacation Findings El Published Recorded Development Agreements: OriginatFireproot File in newspaper: Copies to:Appkcard Copies Disbursed: Project file Cdy Engineer Notes: City Pienner City Attorney (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: November 7, 2000 Transmittal Date: October 4, 2000 Hearing Date: November 17, 2000 File No.: AZ 00-020 Request: Annexation and zoning of 339.73 acres for proposed Keltic Heights Subdivision from Ada County RT to R-4, R-8 and C -N By: Parkland Development Location of Property or Project: west of Meridian Road and south of Chinden Road Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, 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 (No vAR, vac, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner AZ - 24 FP - 23 PP/PFP - 24 VARNAC/CUP - 20 Meridian School District (No FP) Meridian Post Office (FP1PPon,_0 Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP�PPo,,w U • S. West (FP/PP only) Intermountain Gas(FP/PPonlw Bureau of Reclamation (FP1PP.,.0 Idaho Transportation Department ovoFP) Ada County (Annexationon,y) Your Concise Remarks: HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY CITY OF MERIDIAN (208) 288-2501 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: November 7, 2000 Transmittal Date: October 4, 2000 Hearing Date: November 17, 2000 File No.: AZ 00-020 Request: Annexation and zoning of 339.73 acres for proposed Keltic Heights Subdivision from Ada County RT to R-4, R-8 and C -N By: Parkland Development Location of Property or Project: west of Meridian Road and south of Chinden Road Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, 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 (No vAR, vac, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner AZ - 24 FP - 23 PP/PFP - 24 VARNAC/CUP - 20 Meridian School District (No FP) Meridian Post Office (FP1PPon,_0 Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP�PPo,,w U • S. West (FP/PP only) Intermountain Gas(FP/PPonlw Bureau of Reclamation (FP1PP.,.0 Idaho Transportation Department ovoFP) Ada County (Annexationon,y) Your Concise Remarks: CITY OF MERIDIAN '-- East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 IDVCR WEA,! SEP 2 2 2000 CITY OF MERIDIAN PL1NI'1lIN6 & ZONING APPLICATION FOR ANNEXATION AND ZONING OR REZONE "��-�-° 0 Zo PROPOSED NAME OF SUBDIVISION: Keltic Heights Subdivision GENERAL LOCATION: Portion Sectio Rdl ns 25 & 31 36 T4N. RI W .West of Meridian Road & South of TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): RESIDENTIAL COMMERCIAL ACRES OF LAND IN PROPOSED ANNEXATION: 339.73 ACRES PRESENT LAND USE: AC'TR Tri it Tr Tn A T PROPOSED LAND USE: SINGLE FAMILY PRESENT ZONING DISTRICT: RT PROPOSED ZONING DISTRICT: APPLICANT: PARKLAND DEVELOPMENT PHONE ADDRESS: P. O. BOX 344 MERIDIAN IDAHO 836RO ENGINEER, SURVEYOR, OR PLANNER: Briggs Engineering Inc PHONE ADDRESS: OWNER(S) OF RECORD: SEE ATTACHED SHEET PHONE: ADDRESS: :,DECEIVE SEP 2 7 2000 CITY OF MERIDIAN 990211Q4i-FWrt&jEfW OFFICE Signature of applicant 888-9946 344-9700 ANNEXATION OF Keltic Hei hts Subdivision 1 • Parkland Development L.L.C., P. and Fax 888-9947. O• Box 344, Meridian, Idaho 83680 (Phone: 888-9946 2• Parkland Development L.L.C., P. and Fax 888-9947 O Box 344, Meridian, Idaho 83680 (Phone: 888-9946 Dwaine Wolf and Sharon Wolf., 4895 N. Melverne Dennett 1201 W. Meridian Rd, Meridian, Idaho 83642 South Channel Road Eagle Idaho 83616 3 • Affidavit of Legal Interest attached. 4. Legal description attached. 5• Present Land Use: The parcel is currently used for agricultural and residential purposes. 6. Proposed Land Use: We are proposing a neighborhood commercial at the so uth and east corners of the annexation. We would like a residential uses for most of the remaining Property. There would be a mixture of R4 single family residential and R8 multi- family residential. Hopefully we will have a joint school and park site on the property. The proposed density will be in compliance with the Meridian Comprehensive Plan. 7. Present District: The property is zoned RT (Rural Transition) and outside the City limits of Meridian. 8. Proposed District: The applicant is requesting annexation and rezone to R-4; R8 and CN designation with the hope of submitting a PUD after the ordinance is revised. 9. The request for R-4 and R-8 zoning designation would be consistent with previous annexation/rezones where the Comprehensive Plan designated single-family and mixed Planned Development. C -N zone designation is compatible and consistent with the Meridian Comprehensive Plan, which designates this area as Commerical. 10. The proposed development is a great opportunity for the City and the Developer to work together to truly have a Planned Development in the City of Meridian. A Planned Development where open space and home sites can be planned to get the most benefit from the open space. A possibility for a great partnership where a park and school site could be located together. Where a mixture of lots sizes and styles can be developed to create good neighborhoods for Meridian families. 11. The annexation/rezone is supported by the Meridian Comprehensive Plan. The plan allows for urban development when urban services (ie. sewer and water) can be extended to the property. The willing to extend sewer by the construction of the North Slough to 990211 \annex.req K0 -T l C- A o N etrw ' 01 ((D PARCEL PRIMOWNER S0424449010 LINDLEY MERLE H R2910711100 BOWEN REED J JR & S0424438785 PINKSTON J R & F M RES LIF EST 50424438852 PINKSTON J R & F M RES LIF EST R2910710200 TITUS NATHAN L R2910710100 HANFT ROBERT B & S0425212420 PROCTOR JOHN S & M RAE SO425223000 HUARTE FAMILY TRUST S0425212480 HUARTE FAMILY TRUST S0425110250 SCHWABROW WAYNE H & BRENDA H S0425141850 SWANTNER RICHARD L S0425233700 STEWART ARCHIE D & S0425141890 HAMILTON BUCK O & 50425141940 TREFZGER STEPHEN W & S0425233800 COREY DONALD C & 50426244210 PATEL NL MD INC PROFIT SHARING PLAN S0425233875 COREY DONALD C & DOROTHY 50425142030 SCOTT E AILEEN AND S0425141990 SCOTT E AILEEN AND S0425141900 H & E DEVELOPERS 50425233910 RICHTER DIANE L S0426141810 PATEL NL MD INC PROFIT SHARING PLAN 50425142110 SHAW LARRY B & JANET S 50425142225 PACKARD JOHN W & GAIL E 50425142315 PACKARD JOHN W & GAIL E S0425325400 BRANDT JOAN M ETAL S0425336560 LEGARRETA FULGENCIO AND S0425438500 CHESTER DALICE R & S0436110015 GISH DON & NELLIE TRUST S0436110105 JAMES LARRY D 50436120600 HUEBNER BRADFORD LEE AND S0436141850 GEILE RANDALL T & S0436141950 WHITE WANDA TRUST 50436142200 WHITE FAY M 50436417200 LESLIE FAMILY TRUST S0519336100 CAVEN IOM TRUST S0530223150 ROMAN CATHOLIC DIOCESE OF BOISE S0530223400 BOYACK GEO D & 50530233776 ADKINS MICHAEL S & S0530233805 COOK VICTOR D TRUST S0530244350 BOYACK GEORGE D & S0530336200 ASCHENBRENNER KENNETH & S0531223330 STARKEY LEONARD R S0531233700 WHITE WANDA TRUST S0531233900 MYER JACK J & BERNELDA M TRST 50531325550 BAYLESS DAVID N & S0531336210 MCBIRNEY PROPERTY TRUST S0436449662 MERIDIAN CITY SECOWNER ADDCONCAT STATCONCAT LINDLEY MERLE H & LOU JEAN B TRUST 990 E CHINDEN BLVD MERIDIAN, ID 83642-5242 BOWEN MARY H 6673 N FOX RUN AVE MERIDIAN, ID 83642-0000 PINKSTON J R & F M TRUST 430 W CHINDEN BLVD MERIDIAN, ID 83642-5138 PINKSTON J R & F M TRUST 430 W CHINDEN BLVD MERIDIAN, ID 83642-5138 TITUS JENNIFER 593 W GRAY FOX CRT MERIDIAN, ID 83642-0000 HANFT CAROL A 6452 N FOX RUN AVE MERIDIAN, ID 83642-0000 825 W CHINDEN BLVD MERIDIAN, ID 83642-5139 HUARTE GREGORY T TRUSTEE 3983 ROBLAR AVE SANTA YNEZ, CA 93460-9727 HUARTE GREGORY T TRUSTEE 3983 ROBLAR AVE SANTA YNEZ, CA 93460-9727 6005 N MERIDIAN RD MERIDIAN, ID 836425164 5995 N MERIDIAN RD MERIDIAN, ID 83642-5164 WATKINS KELLE 5960 N LINDER RD MERIDIAN, ID 83642-5108 HAMILTON MARTHA E 5945 N MERIDIAN RD MERIDIAN, ID 83642-5164 CHRISTINE A 5925 N MERIDIAN RD MERIDIAN, ID 83642-5164 COREY DOROTHY 5940 N LINDER RD MERIDIAN, ID 83642-5108 RAY SANJAY MD INC MONEY PURCHASE & TRUST 3020 STONEGATE DR ALAMO, CA 94507-1760 5940 N LINDER RD MERIDIAN, ID 83642-5108 SCOTT ELIZABETH ANN 5725 N MERIDIAN RD MERIDIAN, ID 83642-0000 SCOTT ELIZABETH ANN 5725 N MERIDIAN RD MERIDIAN, ID 83642-0000 3731 BUCKINGHAM DR BOISE, ID 837043426 PO BOX 2385 STILLWATER, OK 74076-0000 RAY SANJAY MD INC MONEY PURCHASE & TRUST 3020 STONEGATE DR ALAMO, CA 94507-1760 110 N MILAM #148 FREDERICKSBURG, TX 78624-0000 WOLF DWAINE G & 5665 N MERIDIAN RD MERIDIAN, ID 83642-0000 5665 N MERIDIAN RD MERIDIAN, ID 83642-5170 203 11TH AVE NAMPA, ID 83651-3920 LEGARRETA JOSE R 1360 W MCMILLAN RD MERIDIAN, ID 83642-5146 CHESTER KARLA RAE 470 W MCMILLAN RD MERIDIAN, ID 83642-5137 GISH DONALD L TRUSTEE 4585 N MERIDIAN RD MERIDIAN, ID 83642-0000 2165 DIXIE CREEK RD CAMBRIDGE, ID 83610-5184 HUEBNER DAWN E 2936 PEMBROKE RD TOLEDO, OH 43606-2239 GEILE PAMELA N 4399 N MERIDIAN RD MERIDIAN, ID 83642-5421 4399 N MERIDIAN RD MERIDIAN, ID 83642-0000 4015 N MERIDIAN RD MERIDIAN, ID 83642-5421 MOORE FAMILY TRUST 1185 OSPREY RIDGE RD EAGLE, ID 83616-0000 6874 FAIRVIEW AVE BOISE, ID 83704-0000 303 FEDERAL WAY BOISE, ID 83705-0000 BOYACK BETTY L 6210 N MERIDIAN RD MERIDIAN, ID 83642-5163 ADKINS CAROLYN D 6000 N MERIDIAN RD MERIDIAN, ID 83642-5163 COOK VICTOR D TRUSTEE 7910 USTICK RD BOISE, ID 83704-5850 BOYACK BETTY L 6210 N MERIDIAN RD MERIDIAN, ID 83642-5163 ASCHENBRENNER SHARON 4990 N MERIDIAN RD MERIDIAN, ID 83642-5114 4660 N MERIDIAN RD MERIDIAN, ID 83642-5477 4399 N MERIDIAN RD MERIDIAN, ID 83642-0000 MYER J J & B M CO -TRUSTEES PO BOX 818 MERIDIAN, ID 83680-0818 BAYLESS EUNICE J 3860 N MERIDIAN RD MERIDIAN, ID 83642-5420 1162 BENTOAK LN SAN JOSE, CA 95129-3104 33 E IDAHO AVE MERIDIAN, 1 D 83642-2631 AUG -30-2000 10:13 BRIGGS ENGINEERING, INC. 12083452950 P.03 Ke��r rnrni to n-7 RR ,ae—ZONE B UNDARY (TYP) RT 1000 1 0 `-- — 400 BRIGGS ENGINEERING, INC. INEEMnn BRIGGS INC. (208) 344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 RT so T.4N., .. 336 31 a RT PROPOSED McBIRNEY L-0 ANNEXATION 000 ee MERIDIAN CITY Ole LIMITS BOUNDARY ANNEXATION VICINITY MAP KELTIC SUBDIVISION REVISION LOCATED IN SECTIONS 25 a 36, T.4N., R. 1W., AND SECTIONS 30 & 31, T.4N., RAE., B.M., SHEET ADA COUNTY, IDAHO 1 of 1 DESIGN DRAFT SCALE DATE DWG. NO. BKB 1"= 1200' 07/28/99 0110 10110.APR the site. This extension of the North Slough could laminate need for Vienna Woods to pump into the South Slough. As Vienna Woods is located in the North Slough trunk area. The lift station could be abandoned and a gravity connection could be made by the City. The requested R-4 and R-8 zoning is consistent with the Meridian Comprehensive Plan Map, which identifies this area as single family residential and Planned Development and Commercial. 12. Map attached. 13. 300 Scale maps attached. 14. List of property owners is attached. 15. Fees attached. 16. Affidavit attached. IT Affidavit of application preparation is attached. 99021 Mannex.req KELTIC SUBDIVISION PROPERTY OWNERS WITHIN 300' CAVEN IOM TRUST 6874 FAIRVIEW AVE BOISE ID 83704-0000 E CHINDEN BLVD ROMAN CATHOLIC DIOCESE OF BOISE 303 FEDERAL WAY BOISE ID 83705-0000 345 E CHINDEN BLVD ADKINS MICHAEL S & ADKINS CAROLYN D 6000 N MERIDIAN RD MERIDIAN ID 83642-5163 COOK VICTOR D TRUST COOK VICTOR D TRUSTEE 7910 USTICK RD BOISE ID 83704-5850 5700 N MERIDIAN RD BOYACK GEORGE D & BOYACK BETTY L 6210 N MERIDIAN RD MERIDIAN ID 83642-5163 5600 N MERIDIAN RD 6210 N MERIDIAN RD ASCHENBRENNER KENNETH & ASCHENBRENNER SHARON 4990 N MERIDIAN RD MERIDIAN ID 83642-5114 STARKEY LEONARD R 4660 N MERIDIAN RD MERIDIAN ID 83642-5477 WHITE WANDA TRUST 4399 N MERIDIAN RD MERIDIAN ID 83642-0000 4273 N MERIDIAN RD MYER JACK J & BERNELDA M TRST MYER J J & B M CO -TRUSTEES PO BOX 818 MERIDIAN ID 83680-0818 4010 N MERIDIAN RD BAYLESS DAVID N & BAYLESS EUNICE J 3860 N MERIDIAN RD MERIDIAN ID 83642-5420 MCBIRNEY PROPERTY TRUST 1162 BENTOAK LN SAN JOSE CA 95129-3104 WILSON PROPERTIES L P 1101 W RIVER ST STE 150 BOISE ID 83702-0000 990 W CHINDEN BLVD LINDLEY MERLE H LINDLEY MERLE H & LOU JEAN B TRUST 990 E CHINDEN BLVD MERIDIAN ID 83642-5242 6615 N MERIDIAN RD BOWEN REED J JR & BOWEN MARY H 6673 N FOX RUN AVE MERIDIAN ID 83642-0000 6479 N FOX RUN AVE PINKSTON J R & F M RES LIF EST PINKSTON J R & F M TRUST 430 W CHINDEN BLVD MERIDIAN ID 83642-5138 450 W CHINDEN BLVD 430 W CHINDEN BLVD TITUS NATHAN L TITUS JENNIFER 593 W GRAY FOX CRT MERIDIAN ID 83642-0000 HANFT ROBERT B & HANFT CAROL A 6452 N FOX RUN AVE MERIDIAN ID 83642-0000 PROCTOR JOHN S & M RAE 825 W CHINDEN BLVD MERIDIAN ID 83642-5139 HUARTE FAMILY TRUST HUARTE GREGORY T TRUSTEE 3983 ROBLAR AVE SANTA YNEZ CA 93460-9727 1225 W CHINDEN BLVD N LINDER RD DENNETT MEL WOLF DWAINE G & 1201 W SOUTH CHANNEL RD WOLF SHARON M EAGLE ID 83616-0000 4895 N MERIDIAN RD E CHINDEN BLVD MERIDIAN ID 83642-5170 1201 W SOUTH CHANNEL RD N MERIDIAN RD 4895 N MERIDIAN RD SCHWABROW WAYNE H & BRENDA H 6005 N MERIDIAN RD H & E DEVELOPERS MERIDIAN ID 83642-5164 3731 BUCKINGHAM DR 6005 N MERIDIAN RD BOISE ID 83704-3426 N MERIDIAN RD SWANTNER RICHARD L 5995 N MERIDIAN RD PARKLAND DEVELOPMENT LLC MERIDIAN ID 83642-51645995 PO BOX 344 N MERIDIAN RD MERIDIAN ID 83680-0334 N MERIDIAN RD STEWART ARCHIE D & N LINDER RD WATKINS KELLE 5960 N LINDER RD RICHTER DIANE L MERIDIAN ID 83642-5108 PO BOX 2385 STILLWATER OK 74076-0000 HAMILTON BUCK O & 5710 N LINDER RD HAMILTON MARTHA E 5945 N MERIDIAN RD SHAW LARRY B & JANET S MERIDIAN ID 83642-5164 110 N MILAM #148 FREDERICKSBURG TX 78624-0000 TREFZGER STEPHEN W & N MERIDIAN RD CHRISTINE A 5925 N MERIDIAN RD PACKARD JOHN W & GAIL E MERIDIAN ID 83642-5164 WOLF DWAINE G & 5665 N MERIDIAN RD COREY DONALD C & MERIDIAN ID 83642-0000 COREY DOROTHY N MERIDIAN RD 5940 N LINDER RD 5665 N MERIDIAN RD MERIDIAN ID 83642-5108 N LINDER JANICEK BRADLEY J & JANICEK LOU ANN PATEL NL MD INC PROFIT SHARING PLAN 5606 N TEN MILE RD RAY SANJAY MD INC MONEY PURCHASE & MERIDIAN ID 83642-5106 TRUST N LINDER RD 3020 STONEGATE DR ALAMO CA 94507-1760 GOLDSMITH MARTY 5975 N LINDER RD 4550 W STATE ST N LINDER RD BOISE ID 83703-0000 N LINDER RD SCOTT E AILEEN AND SCOTT ELIZABETH ANN LEGARRETA FULGENCIO AND 5725 N MERIDIAN RD LEGARRETA JOSE R MERIDIAN ID 83642-0000 1360 W MCMILLAN RD N MERIDIAN RD MERIDIAN ID 83642-5146 5725 N MERIDIAN RD 810 W MCMILLAN RD CHESTER DALICE R & CHESTER KARLA RAE 470 W MCMILLAN RD MERIDIAN ID 83642-5137 GISH DON & NELLIE TRUST GISH DONALD L TRUSTEE 4585 N MERIDIAN RD MERIDIAN ID 83642-0000 JAMES LARRY D 2165 DIXIE CREEK RD CAMBRIDGE ID 83610-5184 N MERIDIAN RD GEILE RANDALL T & GEILE PAMELA N 4399 N MERIDIAN RD MERIDIAN ID 83642-5421 WHITE WA TRUST 4399 N DIAN RD MERI AN ID 83642-0000 427 MERIDIAN RD WHITE FAY M 4015 N MERIDIAN RD MERIDIAN ID 83642-5421 4015 N MERIDIAN RD LESLIE FAMILY TRUST MOORE FAMILY TRUST PO BOX 6290 BOISE ID 83707-0000 3615 N MERIDIAN RD MERIDIAN CITY 33 E IDAHO AVE MERIDIAN ID 83642-2631 3245 N MERIDIAN RD \ �J L DESCRIPTION FOR ANNEXATION KELTIC SUBDIVISION August 28, 2000 A parcel of land located in Sections 25, 26, and 36, Township 4 North, Range 1 West, B.M., and Sections 30 and 31, Township 4 North, Range 1 East, B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the southwest corner of Section 31, Township 4 North, Range 1 East, B.M.; thence N 00°51'50" E (formerly N 00050'16" E) 1123.99 feet along the west line of the SW %4 of said Section 31 to the REAL POINT OF BEGINNING of this description; Thence N 89010'49" W (formerly N 89012'23" W) 25.00 feet to a point on the west right-of-way line of Meridian Road; Thence N 00051'50" E 1526.11 feet along said west right-of-way line to a point on the north line of the SE %4 of Section 36, Township 4 North, Range 1 West; Thence N 00°30'06" E 2635.34 feet along said west right-of-way line to a point on the southerly right-of-way of McMillan Road: Thence N 89027'12" W 1315.85 feet along said southerly right-of-way to a point Thence N 00023'33" E 685.00 feet to a point; Thence N 89027'12" W 1339.17 feet to a point on the west line of the SE'/4 of said Section 25; Thence N 00032'31" E 1980.16 feet along said west line to the southeast corner of the NW %4 (Center corner) of said Section 25; Thence N 89027'08" W 2489.27 feet along the south line of said NW %4 to a point; Thence N 00055'28" E 580.00 feet to a point; Thence N 89027'08" W 223.00 feet to a point on the west right-of-way of Linder Road; Thence N 00055'28" E 84.43 feet along said west right-of-way to a point,- Thence oint;Thence S 89°25'52" E 751.00 feet to a point; Thence N 00055'28" E 664.15 feet to a point; Thence S 89024'36" E 1952.40 feet to the southwest corner of the north '/z of the NE '/4 of said Section 25,- Thence 5;Thence N 00°32'31" E 702.90 feet along said west line of said north '/ of the NE '/4 to a point; Thence S 86°15'43" E 367.17 feet to a point; Thence N 00032'31" E 645.38 feet to a point on the north line of the NE %4 of said Section 25; Thence S 89036'43" E 2302.77 feet along said north line to the northeast corner of said Section 25; 01 10\annex.des Thence S 89°50'27" E 25.00 feet along the north line of the NW'/4 of Section 30, Township 4North, Range 1 East. B. M., to a point on the east right-of-way of Meridian Road extended; Thence S 00°25'22" W 1197.48 feet along east right-of-way to a point; Thence N 89034'38" W 25.00 feet to a point on the east line of said Section 25; Thence N 70°06'40" W 345.83 to a point; Thence S 00°24'21" W 695.06 feet to a point; Thence N 89°34'38" W 94.14 feet to a point; Thence N 78026'24" W 962.67 feet to a point; Thence S 00002'24" E 334.37 feet to a point; Thence N 70044'06" W 94.31 feet to a point; Thence S 00002'24" E 762.82 feet to a point on the north line of the SE '/4 of said Section 25; Thence S 89°27'08" E 1444.94 feet along said north line to the northeast corner of said SE '/4; Thence continuing S 89027'08" E 25.00 feet to a point on the east right-of-way line of Meridian Road; Thence S 00°23'33" W 2639.98 feet along said east right-of-way line to a point on the south line of the SW '/4 of Section 30, Township 4 North, Range 1 East; Thence S 00°30'06" W 2660.56 feet along said east right-of-way to a point on the north line of the SW '/4 of said Section 31; Thence S 00051'50" W 1526.10 feet along said east right-of-way to a point; Thence N 89°34'05" W (formerly N 89°35'39" W) 25.00 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 339.73 acres, more or less. �al�& LAND.or_ Michael E. Marks, PLS 4998 ABL B.�A4 0110\annex.des ItW <0VAL Ely SH P 1 3 2000 IFIA IAN POR IC. WORKS r�� T. DESCRIPTION FOR ANNEXATION PROPOSED COMMERCIAL ZONING AREA KELTIC SUBDIVISION August 25, 2000 Parcels of land located in Sections 25 and 36, Township 4 North, Range 1 West, B.M., and Sections 30 and 31, Township 4 North, Range 1 East, B.M., Ada County, Idaho, being more particularly described as follows: PARCEL A Commencing at the southwest corner of Section 31, Township 4 North, Range 1 East, B.M.; thence N 00°51'50" E (formerly N 00°50'16" E) 1123.99 feet along the west line of the SW'/4 of said Section 31 to the REAL POINT OF BEGINNING of this description; Thence N 89010'49" W (formerly N 89°12'23" W) 25.00 feet to a point on the west right-of-way line of Meridian Road; Thence N 00051'50" E 1526.11 feet along said west right-of-way line to a point on the north line of the SE '/4 of Section 36, Township 4 North, Range 1 West; Thence N 00°30'06" E 2635.34 feet along said west right-of-way line to a point on the south right-of-way line of McMillan Road; Thence N 89027'12" W 1315.85 feet along said south right-of-way to a point; Thence N 00°23'33" E 685.00 feet to a point; Thence S 89027'12" E 1365.90 feet to a point on the east right-of-way line of Meridian Road; Thence S 00°23'33" W 659.84 feet along said east right-of-way line to a point on the south line of the SW 1/4 of Section 30, Township 4 North, Range 1 East; Thence S 00°30'06" W 2660.56 feet along said east right-of-way to a point on the north line of the SW 1/4 of Section 31, Township 4 North, Range 1 East; Thence S 00°51'50" W 1526.10 feet along said east right-of-way to a point; Thence N 89034'05" W (formerly N 89°35'39" W) 25.00 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 26.26 acres, more or less. PARCEL B Commencing at the northeast corner of Section 25, Township 4 North, Range 1 West, B.M., the REAL POINT OF BEGINNING of this description; Thence S 89°50'27" E 25.00 feet along the north line of Section 30, Township 4 North, Range 1 East, B.M. to a point on the easterly right-of-way of Meridian Road;Xs� Thence S 00°25'22" W 540.10 feet along said easterly right-of-way to a point; Thence N 89°36'43" W 896.51 feet to a point; 01 10\anxc.des Thence N 00025'22" E 540.00 feet to a point on the north line of said NE %; Thence S 89°36'43" E 871.51 feet along said north line to the REAL POINT OF BEGINNING of this description, said parcel comprising 11.11 acres, more or less. Total proposed Commercial zoning area comprises 37.37 acres, more or less. Michael E. Marks, PLS 4998 0110\anxc.des MI. ,, III iAN PU13LIC WORKS , DESCRIPTION FOR ANNEXATION PROPOSED R4 ZONE KELTIC SUBDIVISION August 25, 2000 A parcel of land located in Sections 25 and 26 Township 4 North, Range 1 West, and Section 30, Township 4 North, Range 1 East, B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of Section 25, Township 4 North, Range 1 West, B.M.; thence S 00025'22" W 540.00 feet along the east line of the NE % of said Section 25 to the REAL POINT OF BEGINNING of this description; Thence S 89°36'43" E 25.00 feet to a point on the easterly right-of-way of Meridian Road; Thence S 00°25'22" W 657.39 feet along said easterly right-of-way to a point; Thence N 89°34'38" W 25.00 feet to a point on the east line of said Section 25; Thence N 70°06'40" W 345.83 to a point; Thence S 00°24'21" W 695.06 feet to a point; Thence N 89°34'38" W 94.14 feet to a point; Thence N 78°26'24" W 962.67 feet to a point; Thence S 00°02'24" E 334.37 feet to a point; Thence N 70°44'06" W 94.31 feet to a point; Thence S 00°02'24" E 762.82 feet to a point on the north line of the SE % of said Section 25; Thence S 89°27'08" E 495.25 feet along said north line to a point; Thence S 44°50'37" W 1838.53 feet to a point; Thence S 00023'33" W 664.23 feet to a point; Thence N 89027'12" W 442.85 feet to a point on the west line of the SE % of said Section 25; Thence N 00°32'31" E 1980.16 feet along said west line to the southeast corner of the NW 1/4 (Center 1/4 corner) of said Section 25; Thence N 89027'08" W 2489.27 feet along the south line of said NW 1/4 to a point; Thence N 00°55'28" E 580.00 feet to a point; Thence N 89027'08" W 223.00 feet to a point on the westerly right-of-way of Linder Road; Thence N 00055'28" E 84.43 feet along said westerly right-of-way; Thence S 89025'52" E 751.00 feet to a point; 01 10\anxr4.des Thence N 00°55'28" E 664.15 feet to a point; Thence S 89024'36" E 1952.40 feet to a point on the west line of the NE %4 of said Section 25; Thence N 00°32'31" E 702.90 feet along said west line to a point; Thence S 86015'43" E 367.17 feet to a point; Thence N 00°32'31" E 645.38 feet to a point on the north line of the NE'/4 of said Section 25; Thence S 89°36'43" E 1431.26 feet along said north line to a point; Thence S 00025'22" W 540.00 feet to a point; Thence S 89036'43" E 871.51 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 218.98 acres, more or less. Michael E. Marks, PLS 4998 0110\anxr4.des �",�, LAND N X, TITU \AEL 1B - i0VA1 B SEP 1 3 2000 6jjjDJAH PUBLIC WORKS DI 11 T. DESCRIPTION FOR ANNEXATION PROPOSED R8 ZONE KELTIC SUBDIVISION August 25, 2000 A parcel of land located in Section 25, Township 4 North, Range 1 West, B.M., and Section 30, Township 4 North, Range 1 East, B.M., Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of Section 25, Township 4 North, Range 1 West, B.M.; thence N 00023'33" E 660.00 feet along the east line of the SE % of said Section 25 to the REAL POINT OF BEGINNING of this description; Thence N 89027'12" W 2237.22 feet to a point; Thence N 00°23'33" E 664.23 feet to a point; Thence N 44050'37" E 1838.`58 feet to a point on the north line of the SE %4 of said Section 25; Thence S 89027'08" E 949.66 feet along said north line to the northeast corner of said SE '/4; Thence continuing S 89027'08" E 25.00 feet to a point on the east right-of-way line of Meridian Road; Thence S 00°23'33" W 1980.14 feet along said east right-of-way line to a point; Thence N 89°27'12" W 25.00 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 83.39 acres, more or less. Michael E. Marks, PLS 4998 01 10\anxr8.des OVAL_ BY SEP 1 3 2000 f a pUMIC WORKS „L CONSENT TO ANNEXATION KELTIC HEIGHTS SUBDIVISION CITY OF MERIDIAN, IDAHO September 15, 2000 PARKLAND DEVELOPMENT LLC , does hereby consent to the City of Meridian for the annexation of Keltic Heights Subdivision for the purpose of annexing our property(ies) generally located west of Meridian Road and north of McMillan Road. ACKNOWLEDGMENT - Limited Liability Company (LLC) STATE OF IDAHO ) ) ss County of Ada ) On this ' S day of e 4 r" (� r , in the year of 2000 , before me Marilea L. Boncz , a notary public, personally appeared �ce a Zek n S o known or identified to me to be the %11r�a r, .�m b Pv- of the LLC that executed the within instrument on behalf of said LLC, and acknowledged to me that such LLC executed the same and acknowledged that the same was signed as a free and voluntary act and deed for the uses and purposes herein mentioned. Given under my hand and official seal this —):5 day of S�� e,,, �e, , 2000 63, °•..•••A L •••.,,� Notary Public, for the State of I aho .•'e`��.�.'''""•8%'% Residing at Meridian Idaho '�'.sOTAR!„ s- My Commission Expires: 8/29/2002 -P G ; • UBL1 TF OF, AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) c cin Pry Name Address meriAiar-, , -=:Z-b 83la80 , City State/Zip being duly sworn upon oath, depose and say: That I am the record owner of the property described on the attached, and I grant my ernussion to: • • i (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this )5 �� day of ACKNOWLEDGMENT - Limite STATE OF IDAHO ss County of Ada On this JS qday of bqv- , in the year of 2000, before me Marilea L. Bonez , a notary public, personally appeared �q -Tn h n s n n known or identified to me to be of the Lino ed Liability Company that executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same and acknowledged that the same was signed as a free and voluntary act and deed for the uses and purposes herein mentioned. Given under my hand and official seal this' / 5 day of , 2000 Notary Public, for the State of Idal Residing at Meridian, Idaho My Commission Expires: 8/29/2002 ACFIllAVIT OF LEGAL INTEREST STATE OF ID:1l 10 ) ss COUNTY OF 1AkDA ) I, � Kp fT✓ �j �}' l� ��� �M'�� �`�k ��� Name Address � B 4 City State/Zip being duly sworn upon oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my _permission to: (name) F0. i (address) to submit the accompanying application pertaining to that property. d,�..At J 83;6,;,?0 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this %' day of , 2000 uuUbO •�-. T :c': ACKNOWLEDGMENT - Corporate = G • j'UB, • • • STATE OF IDAHO ) nos uTq'•••••••••.•��o ss ®sss-� County of Ada ) On this _ day of Se,2 n,Le,.- , in the year of 2000 , before me Marilea L. Boncz , a notary public, personally ap eared �rect �o �, r,Sor known or identified to me to be the �s i_� P � �_ of the corporation that executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same and acknowledged that the same was signed as a free and voluntary act and deed for the uses and purposes herein mentioned. Given under my hand and official seal this iS day of S �,,,�Pr , 2000 Notary Public, for the State of Idi o Residing at Meridian, Idaho My Commission Expires: 8/29/2002 Uommitment To Insure ALTA Commitment - 1910 Rev. * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, * for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or'policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment most be based on and are subject to the provisions of this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. i r G� Authorized Siynamy ORT Form 2526 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371-1111 By President Attest` Secretary COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A File No. P191163 PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. RIFLEMAN BOISE, ID 83704 ATTN: SUE RICH Ph: 208-373-3612 Fx: 208-373-3610 Copies to: WEST PARK COMPANY 30 E. FRANKLIN RD. #60 BOISE, ID Attn: TIM TAYLOR Escrow Inquiries should be directed to: SUE RICH ASSISTANT ESCROW MANAGER (373-3612) 8151 RIFLEMAN BOISE, ID 83704 2. Policy or Policies to be issued: (A) Owner's Standard Coverage Proposed Insured: PARKLAND DEVELOPMENT, LLC. 1. Effective Date: May 15, 2000 at 7:30 A.M. Title Inquiries should be directed to: MARK G. ANDERSON SR. TITLE OFFICER (208-373-3666) 8151 W. RIFLEMAN BOISE, ID 83704 Amount Premium $41407,000.00 $9,544.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: DWAINE G. WOLF AND SHARON M. WOLF, HUSBAND AND WIFE 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C P191163 SCHEDULE B - SECTION 2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 2. General Exceptions: (A) Rights or claims of parties in possession not shown by the public records. (B) Encroachments, overlaps, boundary.line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (C). Easements, or claims or easements, not shown by the public records. (D) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (E) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (F) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings, whether or not shown by the records of such agency or by the public records. *PARAGRAPHS A,B,C,D,E AND F WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B - SECTION 2. CONTINUED P191163 C. Special Exceptions: 1. GENERAL TAXES FOR THE YEAR 1999, WHICH ARE LIENS, OF WHICH THE FIRST HALF HAS BEEN PAID. THE SECOND HALF OF WHICH WILL NOT BECOME DELINQUENT UNTIL JUNE 20TH. PARCEL NO. AMOUNT AFFECT 242-SO425131750 $447.48 PARCEL I 242-SO425417200 $2,328.92 PARCEL III 242-SO425427800 $1,071.10 PARCEL II 2. GENERAL TAXES FOR THE YEAR 2000, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 3. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: SETTLERS IRRIGATION DISTRICT (344-2471) 4. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED. BETWEEN: SETTLERS IRRIGATION DISTRICT, A QUASI -MUNICIPAL CORPORATION L.J. STARKEY, A SINGLE MAN ALICE GISH, A WIDOW FRED ROSTI AND GERTRUDE ROSTI, HUSBAND AND WIFE MAE VAN DEUSEN, A WIDOW ADA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF IDAHO DATED: APRIL 15, 1957 RECORDED: APRIL 15, 1957 INSTRUMENT NO.: 413637 PROVIDING: WATER RIGHTS AFFECTS: PARCEL III 5. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: ROADWAY EASEMENT IN FAVOR OF: H & E DEVELOPERS ` RECORDED: MARCH 9, 1979 \ INSTRUMENT NO.: 7913623 AFFECTS_: INGRESS AND EGRESS OVER AND ACROSS THAT CERTAIN SOUTH 30' AFFECTS: PARCEL I 6. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN i.. FOR: EQUIPMENT STRUCTURE RIGHT-OF-WAY IN FAVOR OF: THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, A COLORADO CORPORATION RECORDED: APRIL 4, 1985 INSTRUMENT NO.: 8517702 AFFECTS: PARCEL III 7. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: PIPED IRRIGATION AND STORM DRAIN IN FAVOR OF: ADA COUNTY HIGHWAY DISTRICT, A BODY POLITIC RECORDED: JANUARY 18, 1994 INSTRUMENT NO.: 94004479 AFFECTS: PARCEL III CONTINUED P191163 8. FROM AVAILABLE MAPS WE NOTE THAT THE EASTERLY BOUNDARY OF THE SUBJECT ` PARCEL APPEARS TO LIE WITHIN THE RIGHT OF WAY OF MERIDIAN ROAD (ROAD) FOR WHICH WE FIND NO DEED OF RECORD. AFFECTS: PARCEL III 9. A MORTGAGE TO SECURE AN INDEBTEDNESS OF $85,200.00, AND ANY OTHER AMOUNTS AS THEREIN PROVIDED, PAYABLE UNDER THE TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS THEREOF. DATED: AUGUST 23, 1973 MORTGAGOR: DWAINE G. WOLF AND SHARON M. WOLF, HUSBAND AND WIFE MORTGAGEE: THE FEDERAL LAND BANK OF SPOKANE, A CORPORATION IN SPOKANE WASHINGTON RECORDED: AUGUST 30, 1973 f� INSTRUMENT NO.: 859020 SAID MORTGAGE WAS ASSIGNED BY INSTRUMENT DATED: MARCH 22, 1999 TO: NORTHWEST FARM CREDIT SERVICES, ACA RECORDED: MARCH 25, 1999 INSTRUMENT: 99028567 AFFECTS: PRACELS I & II 10. A MORTGAGE TO SECURE AN INDEBTEDNESS OF $ 69$00.00, AND ANY OTHER AMOUNTS AS THEREIN PROVIDED, PAYABLE UNDER THE TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS THEREOF. DATED: JANUARY 5 1979 MORTGAGOR: DWAINE G. WOLF AND SHARON M. WOLF, HUSBAND AND WIFE MORTGAGEE: THE FEDERAL LAND BANK OF SPOKANE, A CORPORATION IN SPOKANE WASHINGTON v• t RECORDED: JANUARY 11, 1979 ° INSTRUMENT NO.: 7902261 AFFECTS: PARCELS II & III SAID MORTGAGE WAS ASSIGNED BY INSTRUMENT DATED: MARCH 221 1999 TO: NORTHWEST FARM CREDIT SERVICES, ACA RECORDED: MARCH 25,1 999 INSTRUMENT: 99028568 11. SUBJECT TO THOSE ADDITIONAL ITEMS, IF ANY, WHICH MAY BE REQUIRED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, FOLLOWING A REVIEW OF THIS REPORT. END OF EXCEPTIONS NOTE: THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE'UTILITY SERVICES. CONTINUED P191163 NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO CONCERNING THE COVERAGE OR EXCLUSIONS FROM PLEASED TO PROVIDE AN EXPLANATION. ISSUE HAS ANY QUESTIONS COVERAGE, THE COMPANY WILL BE NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATED ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESS SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. CONTINUED File Number: P191163 SGREDULE C The land referred to in this Commitment is described as follows: PARCEL I: THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 25; THENCE NORTH 0 DEGREE 15' WEST ALONG THE CENTER OF THE HIGHWAY 4.08 CHAINS; THENCE NORTH 71 DEGREES 13' WEST, 29.72 CHAINS; THENCE WEST 12.48 CHAINS TO AN IRON PIN ON WEST BOUNDARY LINE OF SAID SOUTH HALF OF THE NORTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE TO THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTHEAST QUARTER; THENCE EAST ALONG THE SOUTH BOUNDARY LINE OF SAID SOUTH HALF OF THE NORTHEAST QUARTER TO THE PLACE OF BEGINNING. EXCEPT THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SECTION 25, THENCE NORTH 0 DEGREE 18'22" WEST, 60.00 FEET TO A POINT, THE REAL POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57'22" WEST, 329.10 FEET; THENCE NORTH 0 DEGREE 18'22" WEST, 320.09 FEET; THENCE SOUTH 71 DEGREES 23'09" EAST, 347.89 FEET; THENCE SOUTH 0 DEGREE 18'22" EAST, 209.30 FEET TO THE REAL POINT OF BEGINNING. ALSO EXCEPT THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION THENCE NORTH 89 DEGREES 57'22" WEST, A DISTANCE OF 762.94 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57'22" WEST A DISTANCE OF 370.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 18'22" WEST A DISTANCE OF 650.71 FEET TO A POINT; THENCE SOUTH 71 DEGREES 23'09" EAST A DISTANCE OF 391.12 FEET TO A POINT; THENCE SOUTH 0 DEGREE 18'22" EAST A DISTANCE OF 526.15 FEET TO THE REAL POINT OF BEGINNING. ALSO EXCEPT THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION; THENCE NORTH 89 DEGREES 57'22" WEST A DISTANCE OF 312.00 FEET TO A POINT; THENCE NORTH 0 DEGREES 18'22" WEST, A DISTANCE OF 755.75 FEET TO A POINT; THENCE SOUTH 71 DEGREES 23'09" EAST, A DISTANCE OF 329.81 FEET TO A POINT; THENCE SOUTH 0 DEGREES 18'22" EAST, A DISTANCE OF 650.71 FEET TO THE REAL POINT OF BEGINNING. ALSO EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 25; THENCE NORTH 0 DEGREES 18'22" WEST (FORMERLY NORTH 0 DEGREE 15' WEST) A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 57'22" WEST, 329.10 FEET; THENCE NORTH 0 DEGREE 18'22" WEST, 320.09 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 18'22" EAST, 320.09 FEET; THENCE SOUTH 89 DEGREES 57'22" EAST, 329.10 FEET TO THE EAST LINE OF SAID SECTION; THENCE SOUTH 0 DEGREE 18'22" EAST, 60.00 FEET (FORMERLY SOUTH 0 DEGREE 15' EAST); THENCE NORTH 89 DEGREES 57'22" WEST, 762.94 FEET; THENCE NORTH 0 DEGREE 18'22" WEST, 526.15 FEET; THENCE SOUTH 71 DEGREES 23'09" EAST (FORMERLY SOUTH 71 DEGREES 13' EAST) TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN MERIDIAN ROAD RIGHT-OF-WAY. PARCEL II THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO. TOGETHER WITH A PERMANENT EASEMENT FOR INGRESS AND EGRESS TEN FEET IN WIDTH ALONG THE EAST BOUNDARY OF THE SOUTH HALF SOUTHWEST QUARTER SOUTHEAST QUARTER, SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. PARCEL III THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH OF RANGE 1 WEST OF THE BOISE -MERIDIAN, IN ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION FILE NO.: P191163 EXHIBIT A PARCEL I: THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 25; THENCE NORTH 0 DEGREE 15' WEST ALONG THE CENTER OF THE HIGHWAY 4.08 CHAINS; THENCE NORTH 71 DEGREES 13' WEST, 29.72 CHAINS; THENCE WEST 12.48 CHAINS TO AN IRON PIN ON WEST BOUNDARY LINE OF SAID SOUTH HALF OF THE NORTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE TO THE SOUTHWEST CORNER OF SAID SOUTH HALF OF THE NORTHEAST QUARTER; THENCE EAST ALONG THE SOUTH BOUNDARY LINE OF SAID SOUTH HALF OF THE NORTHEAST QUARTER TO THE PLACE OF BEGINNING. EXCEPT THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SECTION 25, THENCE NORTH 0 DEGREE 18'22" WEST, 60.00 FEET TO A POINT, THE REAL POINT OF BEGINNING; THENCE NORTH 89'DEGREES 57'22" WEST, 329.10 FEET; THENCE NORTH 0 DEGREE 18'22" WEST, 320.09 FEET; THENCE SOUTH 71 DEGREES 23'09" EAST, 347.89 FEET; THENCE SOUTH 0 DEGREE 18'22" EAST, 209.30 FEET TO THE REAL POINT OF BEGINNING. ALSO EXCEPT THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION THENCE NORTH 89 DEGREES 57'22" WEST, A DISTANCE OF 762.94 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57'22" WEST A DISTANCE OF 370.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 18'22" WEST A DISTANCE OF 650.71 FEET TO A POINT; THENCE SOUTH 71 DEGREES 23'09" EAST A DISTANCE OF 391.12 FEET TO A POINT; THENCE SOUTH 0 DEGREE 18'22" EAST A DISTANCE OF 526.15 FEET TO THE REAL POINT OF BEGINNING. ALSO EXCEPT _ THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION; THENCE NORTH 89 DEGREES 57'22" WEST A DISTANCE OF 312.00 FEET TO A POINT; THENCE NORTH 0 DEGREES 18'22" WEST, A DISTANCE OF 755.75 FEET TO A POINT; THENCE SOUTH 71 DEGREES 23'09" EAST, A DISTANCE OF 329.81 FEET TO A POINT. THENCE SOUTH 0 DEGREES 18'22" EAST, A DISTANCE OF 650.71 FEET TO THE REAL POINT OF BEGINNING. ALSO EXCEPT THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 25; THENCE NORTH 0 DEGREES 18'22" WEST (FORMERLY NORTH 0 DEGREE 15' WEST) A DISTANCE OF 60.00 FEET; THENCE NORTH 89 DEGREES 57'22" WEST, 329.10 FEET; THENCE NORTH 0 DEGREE 18'22" WEST, 320.09 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 18'22" EAST, 320.09 FEET; THENCE SOUTH 89 DEGREES 57'22" EAST, 329.10 FEET TO THE EAST LINE OF SAID SECTION; THENCE SOUTH 0 DEGREE 18'22" EAST, 60.00 FEET (FORMERLY SOUTH 0 DEGREE 15' EAST); THENCE NORTH 89 DEGREES 57'22" WEST, 762.94 FEET; THENCE NORTH 0 DEGREE 18'22" WEST, 526.15 FEET; THENCE SOUTH 71 DEGREES 23'09" EAST (FORMERLY SOUTH 71. DEGREES 13' EAST) TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN MERIDIAN ROAD RIGHT-OF-WAY. PARCEL II THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO. TOGETHER WITH A PERMANENT EASEMENT FOR INGRESS AND EGRESS TEN FEET IN WIDTH ALONG THE EAST BOUNDARY OF THE SOUTH HALF SOUTHWEST QUARTER SOUTHEAST QUARTER, SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. PARCEL III THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH OF RANGE 1 WEST OF THE BOISE -MERIDIAN, IN ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION I G Y� RECORDED- REQUEST Or ?�A C�QU T'( ;R;r CORDER `�1) ;'t, �"�l�?,i [i0 !rte WARRANTY DT�ED EEE rJEr�i)TY - 20 0JN26 F�14;12: to ' ' 001:.95 1 1 t For Value Received, Ronald L.Kuenzli and Ida Marie Kuenzli, husband and wife, the Grantors, do hereby grant, bargain, sell and convey unto Mel Dennett aka Clarence Melverne Dennett, the Grantee, whose address is 1201 W. South Channel Road, Eagle, Idaho, 83616, the following premises, to -wit: The real property described in Exhibit A herein attached TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs,and assigns forever. And the said Grantors do hereby covenant to and with said Grantee that they are the owners in fee simple of said premises and that said premises are free from all encumbrances and, that they will warrant and defend the same from all lawful claims whatsoever. Ht ma y, 1997 n&r- J?ti k/ DATED This day of Jam. RONALD L. KI JIENZLI, Grantor IDA MARIE KUENZLI, Grant STATE OF IDAHO ) :ss. County of 04Aa.. ) 11'77 'x On this day of J before me, the undersigned, a Notary Public in and - for:' the State of Idaho, personally appeared RONALD L. KUENZLI and IDA MARIE 'K�JENZLI known to me to be the persons whose name is subscribed to the within 41 •, I...inskilment,and acknowledged to me that they executed the same. .`, ':.T WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day ad yearfirst above written. r 1 .10itfi = : otary Public or Idaho Residing at 04�#e JoAlsmott Commission Expires j, 40/., 2Oo 0 WARRANTY DEED - 1 The North half of the 1 West, Boise Northeast quarter of Section 25 T Of the N30i eastridian, Ada County, Idaho and that � unship 4 North, Range Meridian q of Section 25, Townshi portion of the South half described as follows: p 4 North Range 7 West, Boise Be yinning at the Section 25. quarter section corner on the East boundar North 0015 thence y line of -said ' West along the center of the highway 4.08 chains North j in ing; thence to the place of West 12,48 chains 29.72 7anc irons in n chains set iron pin; thence tract; thence Pin on the West boundary line of said 80 acre North 0'03' East 6.55 chains to the Northwest corner rn er of said 80 acre tract; North 89.59' East 40.55 chains along the North bound tract to the center of the hi hwa ary line of said 80 acre South 0'15 East 16.10 chains to the Placeof beginning. EXCEPT the following tractg g• s of land: Exce tion No. l rac o and in the Southeast quarter Northeast quarter Northeast quarter of Seciton 25, Township 4 North, quarter and the Southwest more particularly described as follows; Range ] West, Boise Beginning at the East quarter corner of Section 25, Tonw West, Boise Meridian; thence North 0'15' West a distance of 269.28 feet al ship 4 North, Range 1 Section 25, Township 4 North, Range 1 West, the East section line of North 71.13' West a distance of 444.1 feet along a fnceian Meridian; thence line of the Hugh Scott place to the real the South boundary ' North 71'13' West a distance of 996,1 feet Point of beginning; thence thence alonga fence to an iron North 0'15' West a distance of 335.0 feet to an pin, South 79'00' East a distance of 963.8 feet to aniiron ppin,tthise the West boundary line of the Hugh Scott place; thence point being on South 0'15' East a distance of 471.5 feet, more or less tthe point of beginning.o Continued EXHIBIT "A" Exce tion F{o. 2 tract o North a� in the East half of the . Range ) West, Bois e Meridian, more ertheast quarter, Section 25 Beginning at the particularly described T�nship q Kest East quarter as follows: North O l� Ile Meridian- corner of Section • Kest ; thence 25, Toxnship 4 North section along the centerline Range l centerline lof ine Of Section 25 a °f the Meridian South 89.45' Kest he Meridian Road of 883.78 f Road, also the East North 326 feet to , the trUe feet to a nail in the 0 15 Kest an iron � of be thence 692.64 feet to the Pin; thence Pont ginning; thence South 7ence centerline of East alon the North Slough Dram:, the centerline g the centerline of the North South �O'15' °f the Meridian Slou h East 589,40 feet Road; thence 9 Drain 341.5 feet to Point of beginning, along the centerline of the Meridian Road to the Exce tion No, 3 rant o and in the Toxnship 4 North Southeast follows: Range )West Quarter Northeast Boise Meridian, more Quarter, Section 25 particularly described as Beginning at the East West, Boise quarter corner of Section 25 North O.1, Meridian; thence Township 4 North Section West a distance of 269,28 feet Range 1 25, Township 4 North along the Northpoint of beginning, thence 'Range 1 Nest, Boise East section line of O'15'West a dist Meridian, to the true road ance of 614.5 feet along South 89•45a]s0 being the. East section the centerline of South 0.15 ' West a distance of line of Section the county East a distance of420 feet to a 25• to a point; thence South 71"13' boundar p0�"t� thence y of the Me] De nett feet to a point 71•]3 East a distance property; thence °n the fence on the boundary of the Mel t nnett f 444.1 feet along said f property to the eine on the South Exception No 4 Point of beginning. That certain Deed recorded parcel of ]and granted to the State of Ada Count October ]9, 1939, in gook 238 of deeds Idaho in Right of way - Y, Idaho, and bein a R� g more particularly described page 275' records of A strip of land 40 as follows: following described center line': being 40 feet on the Southerly side of the Beginning at Station angle point of 0 693+50.6 of the said Highway left approximate) coincident Survey, which station is an corner of Section Y coincident with thence running 25, Township 4 North, Range 1 West the North quarter North 89'S41 East 2669,4 feet to Station 720+20.0 ' Boise Meridian; is an angle point of feet of said corner of Section left approximately concident with survey. which station 25, Tonwship 4 North, Range with the Northeast Together with all water 1 West, Boise of �"'ay appurtenant thereto or rights, ditches and Meridian. or connected therewith, ditch rights Jul -27-00 09:47A The Westpark Co 2088889947 P.07 The Grantees herein have ren 1 approved the following: ( ` Title File No.: T99-66178 4-i2j WARRANTY DEED FOR VALUE RECEIVED CLARENCE MELVERNE DENNETT,a married person dealing with his sole and separate property. GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: KELTIC PARTNERS, LLC, an Idaho Limited Liability Company GRANTEES(s), whose current address is: P.O. Box 344 , Meridian, Idaho 83680 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED ADA COUNTY RECORDER J. DAVID NAVARRO BOISE. IDAHO RECORDED_ REQUEST C _ - FEE 2#NON, 7 PM 4:45 DEPUTY. 100044432 TRANSNATION TITLE a ESCFtOW TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: ay 15, 2000 �f C ce Melverne Den STATE OF Idaho County of IV , ss. On this b day of lc� in the year of 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Clarence Melverne Dennett known or identified to me to be the person whose is subscribed to the within instrument, and ackno% to me that he execute"he same. , Signature: 6- , Name: Lois Bunderson Residing at: Boise, Idaho My commission expires: 03/23/05 JUL-27-2800 09:56 Transn 208e899947 & Escrow, Inc. P.07 Jul -27-00 09:47A The Westpark Co 2088889947 P.08 EXHIBIT "A" PARCEL B A parcel of land lying in the Northeast quarter of the Northeast quarter of Section 25, Township 4 North, Range 1 West, of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of Section 25, Township 4 North, Range 1 West, of the Boise Meridian; thence South 00024152" West 540.00 feet along the East line of the Northeast quarter of the Northeast quarter of said Section 25 (also the centerline of Meridian Road) to the REAL POINT OF BEGINNING of this description; thence continuing South 00024'52" West 657.37 feet along the East line of said Northeast quarter of the Northeast quarter (also said centerline) to a point on the centerline of the North Slough Drain; thence North 70007110" West 345.83 feet along the centerline of the North Slough 1 Drain to a point; thence South 00023151" West 248.12 feet to a point on the South line of said Northeast quarter of the Northeast quarter; thence North 89032134" West 1,010.05 feet along the South line of said Northeast quarter of the Northeast quarter to the Southwest corner of said Northeast quarter of the Northeast quarter; thence North 00028126" East 1,288.66 feet along the West line of said Northeast quarter of the Northeast quarter to a point on the Southerly right-of-way of Chinden Boulevard; thence South 89037'15" East 463.50 feet along said Southerly right-of-way to a point; thence South 00024'52" West 500.00 feet to a point; thence South 89037'15" East 871.20 feet to the REAL POINT OF BEGINNING. EXCEPT ditch and road rights-of-way. PARCEL C A parcel of land being a portion of the Northeast quarter of Section 25, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, shown as Parcel 2 on Record of Survey No. 4899, recorded February 25, 2000 as Instrument No. 100014006, and more particularly described as follows: Commencing at a 5/8" iron pin marking the North 1/4 corner of Section 25, Township 4 North, Range 1 West, of the Boise Meridian, Ada County, Idaho; thence South 00032101" West along the North-South center section line, 623.92 feet to a set 5/8" iron pin "Koerner" PLS 8251 on the center line of the North Slough Drain, said iron pin being the REAL POINT OF BEGINNING; thence leaving said center section line South 86016113" East along the center line of said drain, 367.17 feet to a set 5/8" iron pin "Koerner" PLS 8251; thence leaving said drain center line North 00032101" East, 605.38 feet to set 5/8" iron pin "Koerner" PLS 8251 on ✓� the Southerly right-of-way of Chinden Boulevard (U.S. Highway 20/26) as shown on highway plans F.A.S. 161-D-(1) on file with the Idaho Transportation Department; thence South 89037115" East along said Southerly right-of-way, 968.10 feet to a set 5/8" iron pin "Koerner" PLS 8251; said pin also being on the Easterly boundary of the Northwest 1/4 of the Northeast 1/4 of said Section 25; thence South 00028126" West along said Easterly boundary, 1,288.66 feet to a set 5/8" iron pin marking the Northeast 1/16 corner of said Section 25; thence leaving said Easterly boundary South 89032'34" East along the Southerly boundary of the North half of said Section 25, 1,010.05 feet to a set 5/8" iron pin "Koerner" PLS 8251. Said pin bears North 89032134" West, 325.99 feet from the North 1/16 corner of said Section 25; thence leaving said Southerly boundary South 00023'51" West (shown of record to be South 00015100" East) along a fence line 446.95 feet to a set 5/8" iron pin "Koerner" PLS 8251; thence North 89135108" West, 94.14 feet to a set 5/8" iron pin "Koerner" PLS 8251; thence North 78026.54" West (shown as record to be North 79000100" West, 963.80 feet) along a fence line, 962.67 feet to a found 1/2" iron pin, set "Koerner" PLS 8251 cap; thence South 00002154" East (shown of record to be South 00015"00" East, 335.00 feet) along a fence line, 334.37 feet to a found 1/2" iron pin; set "Koerner" PLS 8251 cap; thence North 70044'36" West (shown of record to be North 71013100" West) along a JUL-27-2000 09:57 2088888947 75% P.00 Jul -27-00 09:48A The Westpavk Co 2088889947 p_09 fence line, 521.06 feet to a found iron pin, set "Koerner" PLS 8251 cap; thence North 89020,08" West (shown of record to be West, 823.68 feet) along a fence line, 817.99 feet to a set 5/8" iron pin "Koerner" PLS 8251 on the North-South center section line of said Section 25; thence leaving said fence line North 00032101" East along said center section line, 1,128.18 feet to the REAL POINT OF BEGINNING. EXCEPT ditch and road rights-of-way. JUL-27-2000 09:57 2088889947 80% P.09 Jul -27-00 09:45A The Westpark Co P- -V:6 uu ' -' H � r+ A Pioneer Company PIONEER TITLE COMPANY OFADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho 83704 / (208) 377-2700 2088889947 P.03 WARRANTY DEED For Value Received DWAINE G. WOLF and SHARON M. WOLF, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto PARKLAND DEVELOPMENT, L.L.C. hereinafter referred to as Grantee, whose current address is P.O. BOX 344, MERIDIAN, ID 83680 the following described premises, to -wit: PIONEER TITLE SEE "EXHIBIT A" WHICH BY THIS REFERENCE IS INCORPORATED HEREIN AND MADE A PART OF. OF ^A COUNTY RECORDER RECORDED -REQUEST O J. DAVID NAVARRO C C3 C.11SE.Imme FEE�DEPUTY ZGHAP-3 PM 4: 08 100024971 To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: March 31, 2000./ DIRAINE G. WOLF %!2 Gl aGl SHARON M. WOLF 4F STATE OF IDAHO ) ss. COUNTY OF ADA ) On This 31ST day'of March, in the year 2000, before me, a Notary Public in and for said State, personally appeared DWAINE G.WOLF AND SHARON M.WOLF, known or identified to me to be the person(s) whose name(s) is subscribed to the within Instrument, and acknowledged to rue that he executed the same. �.:.__. rin& chi •�SIQ },►�� Not lic of Idaho T'�!a Resid t BOISE i1 : Commission expires: 6/22/2001 ■ t • • B>l G".. �.• BOH IDAHO 00aacmON EXPIRE& JUL-227-2888 89:53 2888889947 7 P.03 Jul -27-00 09:45A The Westpark Co 2088889947 P-04 (�)o/f- File Number: P189316 SV 3185542 SCHEDULE C PARCEL "A" A PARCEL OF LAND IN THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, WHICH IS A ONE -INCH IRON PIPE ON THE CENTERLINE OF NORTH LINDER ROAD; THENCE NORTH ALONG THE CENTERLINE OF LINDER ROAD A DISTANCE OF 11328.82 FEET TO THE NORTH ONE -SIXTEENTH CORNER ON THE WEST BOUNDARY OF SECTION 25; THENCE NORTH 89 DEGREES 38'21" EAST A DISTANCE OF 33.00 FEET TO A ONE-HALF INCH IRON PIN ON THE EAST BOUNDARY OF LINDER ROAD; THENCE CONTINUING NORTH 89 DEGREES 38'21" EAST ALONG THE NORTH BOUNDARY OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 25 A DISTANCE OF 693.00 FEET TO A ONE-HALF INCH IRON PIN AND THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 38'21" EAST ALONG THE NORTH BOUNDARY OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 25 A DISTANCE OF 1,948.98 FEET TO A POINT; THENCE SOUTH 0 DEGREE 13'57" EAST ALONG THE CENTERLINE OF SECTION 25 A DISTANCE OF 662.74 FEET TO A POINT; THENCE SOUTH 89 DEGREES 36'15" WEST ALONG THE SOUTH BOUNDARY OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 25 A DISTANCE OF 1,951.68 FEET TO A POINT; THENCE NORTH A DISTANCE OF 663.95 FEET TO THE REAL POINT OF BEGINNING. TOGETHER WITH AN EASEMENT ALONG THE SOUTH 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND IN THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, WHICH IS A ONE -INCH IRON PIPE ON THE CENTERLINE OF NORTH LINDER ROAD; THENCE NORTH ALONG THE CENTERLINE OF LINDER ROAD A DISTANCE OF 1,028.82 FEET TO A POINT; THENCE NORTH 89 DEGREES 38'21" EAST A DISTANCE OF 33.00 FEET TO A POINT ON THE EAST BOUNDARY OF LINDER ROAD; THENCE CONTINUING NORTH 89 DEGREES 38'21" EAST A DISTANCE OF 477.00 FEET TO A ONE-HALF INCH IRON PIN AND THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 38'21" EAST A DISTANCE OF 216.00 FEET TO A POINT; THENCE SOUTH A DISTANCE OF 363.95 FEET TO A POINT ON THE SOUTH BOUNDARY OF THE P40RTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 25; THENCE SOUTH 89 DEGREES 36'15" WEST ALONG THE SOUTH BOUNDARY OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 25 A DISTANCE OF 693.00 FEET TO A POINT ON THE EAST BOUNDARY OF LINDER ROAD; THENCE NORTH ALONG THE EAST BOUNDARY OF LINDER ROAD A DISTANCE OF 169.37 FEET TO A POINT; ]HENCE NORTH 89 DFGRFES 38'21" EAST A DISTANCE OF 477.00 FEET TO A POINT; THENCE NORTH A DISTANCE OF 19;.00 FEET TO THE REAL POINT OF BEGINNING. JUL-27-2000 09=54 2088889947 P.04 Jul -27-00 09:46A The West -park Co 2088889947 P.05 LEGAL CONTINUED PARCEL "B" THAT PART OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25; THENCE EASTERLY ALONG THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 198 FEET TO A POINT, THE REAL POINT OF BEGINNING; THENCE NORTH PARALLEL TO THE WEST BOUNDARY OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25 A DISTANCE OF 580 FEET; THENCE WEST PARALLEL WITH THE SOUTH BOUNDARY OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 198 FEET TO A POINT; THENCE NORTH ALONG THE WEST BOUNDARY OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 80 FEET TO THE NORTHWEST CORNER OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25; THENCE EASTERLY TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25; THENCE SOUTHERLY TO THE SOUTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25; THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN LINDER ROAD RIGHT-OF-WAY. END OF LEGAL DESCRIPTION JUL--2?-2666 69:x-_ 2688889947 P.05 Jul -28-00 09:02A The Westpark Co 2088889947 P_02 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) } ss COUNTY OF ADA } I, Dwaine G. Wolf & Sharon M Wolf 4895 N Meridian Rd Name Address Meridian Idaho , being first duly swom upon (city) (state) oath, depose and say: 10 That I am the record owner of the property described on the attached, and I grant my permission to PARKLAND DEVELOPMENIT LLC PO Box 344 Meridian 1D 88680 (name) (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 26 day of Jul , XJ9 2000 4/ - (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. -PUBLIC, tJ5� 4%ham C) t '9TZ O F#41111 SS JUL-28-2000 09=10 `:t� L. , G3 02!� No ary Public for Idaho Residing at c� My Commission Expires: a29 2099999947 Jul -31-00 09:59A The Westpark Co 2088889947 "'19v/uu lu:4b '720`123 9336 OUl -26-00 02= 39P Th. J -U -B ENG_ BOjc �"rtstpark Co 208$889947 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA j ss I, Name P.02 Q002/002 P.02 Address (city) Idaho , being first duly swum upon (state) oath, depose and say: 1 That I am the record owner of tete property described on the attached, and l grant my Permission to Westpark Co Inc (name) rne) e) Assians PO x 344 Meridfan ID 83660 (address) M to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and irs employees ham -am from any daiim or liability resulting from any dispute as to the statements contained herein Of as to the ownership of the property vvhich is the subject of the application. Oated thi a day of JuiyZOOg SUBSCRIBED AND SWORN to before me the day and year first above written. MONY "C_qovj'cX iV 0, ko Notary Public for Idaho co ' 0G ;Residing at My Commission Expires: 1 fl('a�. -7 l� 3 ' qk JUL-31-2000 10:08 2088889947 P.02 AFFIDAVIT OF ACCURACY STATE OF IDAHO ) ss COUNTY OF ADA ) I, Kent Brown (Briggs Engineering Inc) 1800 W Overland Road (name) (address) Boise Idaho, 83705 , being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. Dated this day of (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. moo DIARY 40P*i pus'v �e rATE 01tor 990211\affid-accuracy Notary Publ f r Idaho Residing at a My Commission Expires: -12E ffs- AFFIDAVIT OF POSTING STATE OF IDAHO ) COUNTY OF ADA ) I, Kent Brown (Briggs Engineering Inc) 1800 W Overland Road (name) (address) Boise Idaho 83705 being first duly sworn upon (city) (state) oath, depose and say: That I will personally post the subject property with a hearing notice one week prior to the public hearing for annexation. Dated this day of (Sign ture) SUBSCRIBED AND SWORN to before me the day and year first above written. ,,•��•G i i AR Y = ?otry Pub for Idaho g���� � din at i 1 )0 o 9?•.•'• My Commission Expires: I •%?�: E _.. 990211 \affid-posting WARRANTY DEED 90 1'; 40 For Value Received MEL DENNETT and EVELYN J. DENNETT, husband and wife, the grantors , do hereby grant, bargain, sell and convey unto MONTE M. DENNETT the grantee , the following described premises, to -wit: ....... ..... ._._.}lda.......--.._.....County Idaho, to wit: A tract of land in the E i/2 \E 1/4, Section 25, Township 4 North, Range 1 West, B.M., more particularly described as follows: Beginning at the East quarter corner of Section 25, Township 4 North, Range 1 West, B.M.; Thence North 0015' {Vest along the center line of Meridian Road, also the East section line of Section 25 a distance Of 1,334.58 feet to a nail in the center line of said Meridian Road, the true point of beginning; The,icc South 8904S' Best 326 f.ect to an iron hili, 'Thence North 0°15' Rest 241.84 feet to the center line of the North Slough Drain; Thence South 70°30' East along the center line of the North Slough Drain 341.5 feet tc the center line of the Meridian Road; Thence South 0015' East 137.6 feet along the center line of the Meridian Road to the point of beginning. Subject to 25 foot road right-of-way easement and containing 1.42 acres. TO HAVE AND TO HOLD the said premises. with their appurtenances unto the :aid Grantee , heirs and assigns forever. And the said Grantors do hereby covenant to and with the saAil rantee that $ley are the owners in fee simple of said premises; that said 11rcnmises :tie free from all incumbrances except current taxes and assessments ;md that t hey- ill warrant ;111(1 defend the snliir mated tlom :Ill h-ful claims Nvhatsuecer. May i%J 1971. W MAH il- A } ADA a 'aA- I'71 �.; -:.. :111.,1'\' .J. " 'i0 _::•. ,, � arc: „C, M, i 9b4d W., ANTY DEL-) For Value Received HUNTER R. BROCK and WILDA I. BROCK, husband and wife, the grantors, do hereby grant, bargain, sell and convey unto DWAINE G. WOLF a d and SHARON M. WOLF, husband and wife, E M the grantees, the following described premises, in .... Ada. ...................County Idaho, to wit: W The NW4 of the SE4 and the N� of the SW4 of the SE4 in Section 25, Township 4 North, Range 1 West, Boise Meridian, in Ada County, Idaho. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. Except ditch rights of way. Together with an easement for ingress and egress ten feet in width along the East boundary of the SZ SW4 SE4, Section 25, T. 4N., R. 1W., B.M., Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees , their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee s, that the y are the owner s in fee simple of said premises; that they are free from all encumbrances and that the y will warrant and defend the same from all lawful claims whatsoever. Dated: March, 1969. / STATE OF IDAHO, BOUNTY OF ADA On this / day of March , 1969 . before me, a no ary public in and for said State, personally appeared HUNTER R. BROCK•'and'WILDA I. BROCK husband ari4Kwife,, known to me to be the $erson s,whose name s are subscribed to the within instruineht,`and acknowledged to me that- the.y'i, exec ed the same. Notary Public Residing at erid`ian� ;Idaho Comm. Expires _ — _ „ I STATE OF IDAHO, COUNTY OF I hereby certifthatib inWment was filed for record at the request of 1m0 � I e �.tl at � minutes past clock fin., this Z �2day of Q✓ 7l_� 1973, in my office, a d duly recorded in Book of Deeds at page CLARENCE A. PLANTING �j Ex -Officio Recorder By Jf/bjG os Fees $ Mail to: M z 5H tx] z 0 ()X �A-T_ b TT "A" That portion of the South half of the Northeast Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, in Ada County, Idaho, described as follows: Becinning at the East Quarter corner of said Section 25; thence North 0°15' West along the center of the Highway 4.08 chains; thence 1 North 71113' West 29.72 chains; thence West 12.48 chains to an iron pin on West boundary line of said Southhalf of the Northeast Quarter; thence South along the West line to the Southwest corner of said South half of the Northeast Quarter; thence East along the South boundary line of said South half of the Northeast Quarter to the place of beginning. EXCEPT That portion of the South half of the Northeast Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, in Ada County, Idaho, described as follows: Beginning at the East Quarter corner of Section 25, thence North 0118'22" West 60.00 feet to a point, the real point of beginning; thence North 89°57'22" West 329.10 feet; thence North 0118'22" West 320.09 feet; thence South 71°23'09" East 347.89 feet; thence South 0°18'22" East 209.30 feet to the real point of beginning. ALSO EXCEPT That portion of the South half of the Northeast Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, in Ada County, Idaho, =_scribed as follows: Beginning at the East Quarter corner of said Section thence North 89157'22" West, a distance of 762.94 feet to the real point of beginning; Xv thence North 89157'22" West a distance of 370.00 feet to a point; thence North 0°18'22" West a distance of 650.71 feet to a point; thence South 71°23'09" East a distance of 391.12 feet to a point; thence South 0118'22" East a distance of 526.15 feet to the real point of beginning. AND ALSO EXCEPT That portion of the South half of the Northeast Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, in Ada County, Idaho, 'l described as follows: 7 3 Beginning at the East Quarter corner of said Section; thence North 89°57'22" West a distance of 1132.94 feet to the real point of beginning; thence North 89157'22" West a distance of 312.00 feet to a point; thence North 0118'22" West, a distance of 755.75 feet to a point; thence South 71123'09" East a distance of 329.81 feet to a point; thence South 0°18'22" East, a distance of 650.71 feet to the real point of beginning. STATE OF IDAHO. COUNTY OF AOA, ss. PIONEERUFiled for record at l request 19�Z��f Mthis _ pJ Min. AG Deputy By �O6y No. 1-34097 ABSTRACT OF TITLE To i The E2 of the SE4 of Section 25, T. {�. 4 N. R. 1 W.B.M., in Ada County, State of Idaho. Except canal rights-of-way and also Except ditch and road rights-of-way. Idaho Title Company Boise, Idaho sv ....................... 1242 PARKLAND DEVELOPMENT LLC P.O. BOX 344 208-888-9946 MERIDIAN, ID 83680 92-6/1241 DATE �Eh Z� CXD 187 PAY TO THE ORDER OF c `� �(p,�Q, /O / DO LABS 8� m First First Security Bank, N.A. O SIG TURES R I D OVER $1000.00 Security 1-208-393-4200 FORD 1(X.c c_. -�C �'.o �ft��] Lei'] yc – – -- – -- -- — —"P II000 L 24 2no is L 24 L000641: L8 7 00 L09 881 I 0 D Z p ( pa a ty 3 a� CrI U m S C f � lci Iv rQ N °o. rb Q� ` 0 C 4J Lt X U D G O N m a z o � O D X v r o 0 c y I D s eIN TRANSPORTATION DEPARTMENT DISTRICT 3 • P.O. BOX 8028 • BOISE, ID • 83707-2028 • (208) 334-8300 November 28, 2001 Shari Stiles City of Meridian Planning & Zoning 33 East Idaho Meridian, Idaho 83642 RE: Keltic Heights 01-13-ZC/01-03-DA/01-02SKP/01-06-ZC Dear Ms. Stiles: Ta��7G� Cl It� >t U ING ZN I wish to clarify our November 1, 2001 letter to you concerning ITD Access Control Policy on U.S. Highway 20/26. We indicated that current policy allows approaches to the highway at quarter- and half -mile points between existing section line roads (such as Linder, Meridian, etc.). I need to add, however, that ITD is in the process of upgrading the access control along this corridor to allow only half -mile access points. If you have any further questions, please give me a call at 334-8340. S'nce ly DAN COON�.E. District Traffic Engineer - An Equal Opportunity Employer - MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tamnry deWeerd Cherie McCandless November 13, 2001 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 Ada County Planning & Zoning Commission LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 8845533 • FAX 888-6854 Ada County Commissioners 650 W. Main Street Boise, ID 83702 Re: 01-01-DA/01-02-SKP/01-06-ZC KELTIC PARTNERS, LLC — KELTIC HEIGHTS SUBDIVISION �► 01-13-ZC/01-13-DA — KELTIC PARTNERS, LLC — KELTIC HEIGHTS 6, Dear Ada County Planning and Zoning Commissioners/Honorable Commissioners: MJ The Ada County Planning & Zoning Commission has yet another urban density dev�ment b ino nr,.,,,,�D�'i of Meridian's Area of Impact. Keltic Heights Subdivision is not contiguous to the City and not yet serviceable with municipal services. The proposed plan is also in direct conflict with the current Meridian Comprehensive Plan in regard to land use. The area is currently designated as single-family residential, yet the applicant is proposing strips of commercial and over 500 apartments. The proposed 40 -acre commercial development proposed at the northwest corner of McMillan and Meridian Roads is currently designated as some commercial surrounded by mixed/planned use development. With no plan shown, only a request for annexation with an ineffectual development agreement proposal, it is not possible to perform a detailed review. The City of Meridian's ability to plan for and coordinate development within the Area of Impact is crucial to establishing and maintaining urban order and effective government. Scattered, "leap frog" development of concentrated areas of urban development can cause significant problems — increased traffic congestion on inadequate roads, the inefficient use of police and fire protection, as well as other essential urban services, and inadequate urban land use planning resulting in disorderly growth. The City of Meridian has taken great efforts to plan for its Area of Impact with municipal services such as sewer and water, parks and recreation, and safety services. Financially and practically, these plans take time to implement; therefore, the City Council is taking steps as noted in the Comprehensive Plan to `plan for and promote high quality Ada County Planning & Zoning Commission Ada County Commissioners November 13, 2001 Page 2 development that provides for necessary public facilities and services to maintain a quality lifestyle' for Meridian's residents. This letter will note several key concerns regarding the impact of these applications on our ability to plan and provide for our City. We will also address this application and similar proposed developments in our area of impact and their inconsistency with Meridian's Comprehensive Plan, referred to hereafter as `CP'. We will conclude restating our recommendation for denial of this application. Key Elements/Reasons for Denial 1. Sewer/Water (Environmental). This area of concern has been addressed in the letter dated May 24, 2001, by Gary D. Smith, P.E., Meridian Public Works Director, and Brad Watson, P.E., Meridian City Engineer. The City invests hundreds of thousands of dollars in upgrades and replacement of worn-out parts; the upgrade and repair of the proposed system has not been addressed and we have seen no proof that the proposed system will accommodate a development as large as this. Financial guarantees and homeowner agreements assuming responsibility would be needed to protect our City's ratepayers and other developers from picking up the possibility of hefty repairs should this someday be annexed. (This section needs to be revised by the Public Works Department.) 2. Annexation. With the issues and questions in the Legislature surrounding annexation by cities of urban/county subdivisions in their area of impact, Meridian hesitates to advocate creating potential problems that have been citizen issues in several cities in Idaho. Meridian has never forced annexation and prefers not to put ourselves in the situation where it will be necessary. It is our desire that urban density/commercial development in our USPA be contingent upon annexation into the City as developments are proposed and services extended. Development of outlying areas without the benefit of annexation also puts an undue burden on existing residents within the City of Meridian. The residents of these fringe areas benefit from city parks and recreational facilities, streets, utilities, and other facilities and programs, often without contributing a proportionate share of the cost to the City. Suburban people historically have requested services equivalent to those provided within the City. These residents disproportionately consume resources of the City of Meridian without contributing toward the cost of these resources. Additionally, while the first occupants of developments such as these may be cognizant of the circumstances and jurisdictional intricacies of their development, rarely are potential buyers of properties informed of issues associated with future annexation, and resultant requirements to hook up to City services, at their own expense, and then comply with all City ordinances. With the question of annexation authority still up in the air in the legislature, the City may not ever have the ability to annex the Ada County Planning & Zoning Commission Ada County Commissioners November 13, 2001 Page 3 property, and thus will not provide urban services to the development. The result of approving urban density development within the City of Meridian's impact area will be equivalent to approving separate communities, isolated and distinct from the City proper. These communities will consume the resources of urban City residents without any compensation for services such as parks and recreational opportunities, libraries, and the burden caused from the effects of mutual aid agreements wherein the City of Meridian will likely be the first to respond. 3. Urban Services. We are concerned about the lack of urban services in the area. Fire and police departments, in particular, will feel the brunt of the impact. Although Ada County would be responsible for responding to calls for police through the Sheriff s Department, it's more likely that Meridian would be the first called upon to respond to any incidents in the area as a result of mutual aid. The residents in these `leap frog' developments will expect to use City parks, but will pay no park impact fees or taxes to help support the maintenance of existing parks and acquisition and development of future parks. They will expect adequate police protection, but it is more than likely that the City's police department will end up responding first, with no compensation of any kind. This will also be an added burden on the Sheriff s department covering urban densities rather than rural densities without additional budget considerations. They will expect a fire truck to immediately show up at their door if their house is in flames, and not understand why it takes so long for a truck to respond, even though the fire station could be up to five miles away. Developments such as these may cause longer response times, increasing the service rating for the entire district and driving insurance costs up. The residents within these developments also historically call the City of Meridian first for all manner of questions — dogs barking, fence line disputes, noise complaints, water or sewer problems, etc. After all, their address is in Meridian. Again, an inordinate amount of staff time is spent responding to Ada County residents, with no compensation of any kind. City residents cannot afford to subsidize these County developments, nor do they want to. The City of Meridian has established capital improvement plans for all areas of urban services --- parks, water, sewer, fire, police, etc. The City's budgeting process also uses as part of the equation the number of single-family building permits projected within the city limits for the coming year. Despite astronomical growth (264% in ten years) there is not an infinite number of people waiting to buy a lot in Meridian. With a glut of lots available outside of the city limits, revenues will be skewed and it will be very difficult to forecast building permits. It is reasonable to assume that an oversupply of lots outside the city limits will decrease the number of lots built upon inside the city limits. 4. Budget/fees. The City's budget will be negatively impacted by `leap frog' developments. As noted above, park impact fees are not currently being collected by Ada County for developments within our Area of Impact. Whether or not this development is Ada County Planning & Zoning Commission Ada County Commissioners November 13, 2001 Page 4 annexed in the future, this development would not have participated at the same level as a development that annexes into the City by paying associated impact fees. Both the Planning and Zoning and Public Works Departments will have spent valuable time evaluating these applications and working with the developer to assure that dry lines, future connections, and other various urban planning aspects are considered. This staff time is not reimbursed through various fees and property taxes paid by developments annexing into the City. The City is currently working to implement a time frame for all of these plans. We will, however, still need to plan for the probability of adding this development into our system at some point as relates to capacities. This impacts current and future ratepayers and annexed development above and beyond their fair share, making up through fees to cover staff time spent, not compensated for, on these applications proposed in Ada County. 5. Area of Impact. We entered into an agreement with Ada County for an area of impact in which the City had a ten-year time frame to provide municipal services. The City of Meridian has undergone extensive planning to accommodate the ultimate build -out of that area. Financially bringing services, sewer and water, police, parks, etc., to the entire area is not possible at this time and necessitates following the adopted pian for growth. 6. Proposed Development Agreements. The City of Meridian has learned the hard way that, unless very carefully crafted, development agreements may be misinterpreted in that the intent of the development agreement is not met because of a flaw in the wording. The development agreements proposed, besides being devoid of any substance, contain some disturbing elements. For example, on page 4 of the proposed agreement for the commercial proposal, paragraph 2.2 reads: "The term of this Agreement shall be from the effective day of publication after adoption by the County approving the rezoning until municipal water and sewer services are connected to the site." This would appear to mean that the developer has only to connect municipal water and sewer services, then all other conditions of approval would be null and void. The proposed agreement appears to be extremely one-sided. City of Meridian's 1993 Comprehensive Plan The CP is a living document that provides directional guidance for growth of our City. The changing nature of development and City priorities and objectives necessitates the flexibility to plan for what exists today and market needs. CP goals and policies set the philosophy of orderly growth and providing services for the needs of Meridian's citizens. The CP provides a mechanism that enables the City to address the major concerns of its people. Land uses and policies are critical to the efficient and successful implementation of both City and County goals. The `Meridian urban service planning area' is defined in this guide as "the area where municipal services and utilities are available or planned for in the Comprehensive Plan." Noted urban services include mention of municipal central Ada County Planning & Zoning Commission Ada County Commissioners November 13, 2001 Page 5 sewer and water facilities, open space, parks, and recreation lands, police and fire protection, public transportation to name a few. Water and sewer alone are not the only services that must be considered. In order to maintain Meridian's current environmental quality, economic growth, housing, the quality of life, and to protect its resource base, basic goals are expressed here to give a foundation upon which to build an effective CP. They include: • To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting Citywide and Urban Service Planning Area policies, which deal with area -specific policies and programs. • To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development, the provision of service, and the distribution of new housing units within the Urban Service Planning area. • To provide community services to fit existing and projected needs. • To establish compatible and efficient use of land through the use of innovative and functional site design. • To encourage a balance of land use patterns to insure that revenues pay for services. • To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. There are a number of goal statements and policies that do not support developments of this type. Several were noted in the written comments of the Public Works Director and City Engineer dated May 24, 2001 that were specific to sewer and water facilities and service on the Powder River Subdivision proposal. Additional goals and policies, and how developments such as these conflict, are included on Attachment A hereto. The proposals are also in direct conflict with the current Meridian Comprehensive Plan Generalized Land use Map that shows these areas as single-family residential and mixed/planned use development. The designation of the 40 acres at the northwest corner of McMillan and Meridian Roads as entirely commercial, particularly with no plan of any kind proposed, is not acceptable. The extensive strip commercial on Chinden Boulevard and the 500+ apartments proposed are also in direct conflict with the current plan. Conclusion The City of Meridian's concerns are that: 1. Allowing scattered, `leap frog' development, the City loses the flexibility and adaptability to plan our community and determine the needs of today and tomorrow. This type of development also limits what developers are able to do Ada County Planning & Zoning Commission Ada County Commissioners November 13, 2001 Page 6 who are annexing and growing in an orderly pattern and where public facilities, essential services and utilities are planned for or are readily available. 2. This type of scattered, `leap frog' development is not cost-efficient for a community and affects the quality of services to existing and future citizens; 3. The time, effort and planning commitment made by Ada County, Ada County Highway District, developers and the City of Meridian to make a conscious effort toward the provision of public services in this area is ongoing; the process is still in the planning stages, and a project in this area should not be considered until the results of the North Meridian Area Plan are forthcoming and standards have been developed; and 4. Has serious financial, operational, and potential environmental concerns. Recommendation We ask for your continued support and respectfully recommend denial of these applications. It is our opinion that these applications do not conform to the Meridian Comprehensive Plan and that these types of applications have great potential to cause environmental, financial, and operational problems for our City and this region. We ask that you deny these applications and allow us to continue planning our City in accordance with our comprehensive and capital improvement plans. Thank you. Sincerely, CITY OF MERIDIAN Robert D. Carne Mayor /Attachment Letter approved by Council action by: Keith Bird Cherie McCandless Tammy de Weerd Ron Anderson ATTACHMENT A ACDS 01-01-DA/01-02-SKP/01-06-ZC ACDS-01-13-ZC/01-03 -DA KELTIC PARTNERS, LLC — KELTIC HEIGHTS SUBDIVISION GOALS AND POLICIES OF THE MERIDIAN COMPREHENSIVE PLAN SUPPORTING DENIAL OF APPLICATIONS The following goals, policies and objectives of the Meridian Comprehensive Plan must be considered when reviewing the proposed development known as Keltic Heights Subdivision, located north of McMillan Road between Linder and Meridian Roads. Also included in this attachment are goals and policies as they relate to the 40 -acre commercial development proposed at the northwest comer of McMillan and Meridian Roads. GOALI (page 5) To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs: Meridian's Sewer Master Plan shows a future 24 -inch diameter sewer trunk line / bisecting the site from west to east and another 12 -inch sewer main roughly following the North Slough. Eight -inch sewer lines are planned to be constructed within the project. Due to the remoteness of this property from existing sewer lines, along with the (_ requirement to acquire easements through the downstream properties to complete design, u elevations cannot be determined at this time. Design of the sewer trunk lines has only been approved to a point just south of McMillan Road on Ten Mile Road. (NOTE: The Sewer Master Plan does not depict lines less than ten inches in diameter.) The City of Meridian has grave concerns about allowing private, on-site wastewater treatment facilities within its Area of Impact. The proposal is in direct conflict with existing plans for the Area of Impact and requirements for urban development to connect to City of Meridian water and sewer service. City policy is to not allow connection to sewer and water unless contiguous and annexed to the City of Meridian, in an orderly manner, and all urban services are capable of being provided. GOAL 2 (page 5151 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development, the provision of services and the distribution of new housing units within the Urban Service Planning Area The City of Meridian interprets "in an orderly fashion" to mean development from the inside out (not leap frog), when all municipal and other urban services are readily available. Keltic Heights Subdivision Attachment A Page 1 of 12 Urban services within the City of Meridian include, but are not limited to, the following: a. Municipal central sewer and water facilities; b. Pedestrian walkways and bicycle paths; C. Open space, parks and recreation land; d. Police and fire protection; e. Public transportation; f. Public and private schools; g. Libraries; h. Drainage facilities; i. Urban -standard streets and roadways; and j. Solid -waste services. Detailed planning for this area has not been completed for all urban services at this time. Because of the City's desire to "grow from the inside out", development of this area was neither anticipated nor desired prior to downstream developments. Immediate action items contained within the Draft Comprehensive Plan include development of neighborhood and circulation plans to facilitate efficient, well-planned development. Development of such plans will also lessen the length of time needed to approve projects when compliant proposals are submitted. Development of these outlying areas is expected to occur by the end of 2007, the timeframe established in our agreement with Ada County. GOAL 5 (page5) To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. It is questionable whether the construction and utilization of an on-site, private wastewater facility will preserve and improve the character and quality of Meridian's man-made environment. Self-sufficient is defined as being "capable of effecting one's own ends or fulfilling one's own desires without the aid of others. " The proposal will have a negative effect, both monetarily and socially, on Meridian's identity. GOAL 7 Gage 5) To provide community services to fit existing and projected needs. This project will not contribute to public park development or extension of sewer and waterlines. Taxes payable to Ada County will not contribute toward police protection. The project proposes strip commercial development, shown as "light commercial" on the plans. There is no definition for light commercial in either Ada County's or the City of Meridian's ordinances and comprehensive plans. Keltic Heights Subdivision Attachment A Page 2 of 12 QOAL 8 (page Q To establish compatible and efficient use of land through the use of innovative and functional site design. The property is surrounded by rural residential and agricultural lands, which are not compatible with urban densities, and surrounds many other parcels containing rural development. Farming is negatively impacted by the intrusion of urban -density development, as complaints are generated concerning noise, dust, and spraying of crops which make it increasingly difficult to continue historical operations. Block lengths are excessive, and few connections to adjacent properties are provided. Upon ultimate development approval, when other urban services are available, efficient use of land should include minimum densities, provision of neighborhood services in close proximity, adequate circulation and interconnectivity, as well as contiguity with existing City limits to avoid sprawling conditions. _GOAL 9 Gage 5) To encourage a balance of land use patterns to insure that revenues pay for services. Sprawling developments within any area of impact historically consume a disproportionate share of available resources than are recouped through tax generation. The development will require additional police and fire personnel, equipment and facilities, as well as burden existing parks within the City of Meridian, without any contribution. Although the Meridian Rural Fire Protection District is a separate taxing entity, the City of Meridian presently funds 74% of the operating expenses with monies from the General Fund. If increased development occurs within the Area of Impact without being annexed, the formula for funding of the Meridian Rural Fire Protection District will need to change. GOAL 10 Gage 5) To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. The proposed development may be identified as being within an urban service planning area simply by the density, but the application does not show how the development will be efficiently managed based on current long-range plans. The City of Meridian is striving for development within the City limits to create a clear distinction between City of Meridian and Ada County properties. It should also be noted that Idaho Code Section 67-6502 (Local Land Use Planning Act) states, in part: "The purpose of this act shall be to promote the health, safety, and general welfare of the people of the State of Idaho as follows:.... (b) To ensure that adequate public facilities and services are provided to the people at reasonable cost.... f To encourage urban and urban -type development within incorporated cities (emphasis added). " Keltic Heights Subdivision Attachment A Page 3 of I2 Population Goal Statement and Policies (paces 9 and 10) Anticipate growth and development demand to continue. Plan for and promote high quality development that provides for necessary public facilities and services to maintain a quality lifestyle. The City of Meridian does anticipate future growth and development demand to continue. Policies regarding provision of necessary public facilities and services include: 1.1 Approximately 92% to 95% of the new residential development shall occur within the Urban Service Planning Area, where public facilities, essential services and utilities are planned for or are readily available. 1.2 The Comprehensive Plan should be adopted, maintained and updated to accommodate growth. It should make sensible use of the area's resources, maintain reasonable costs for public services and preserve the quality of life desired for the Community. 1.3 Unimproved or unrealized land within the Meridian city limits and Urban Service Planning Area should be utilized in order to maximize public investments, curtail urban sprawl and protect existing agricultural lands from unnecessary infringement. We believe this development to be an example of urban sprawl and that existing agricultural lands may, in fact, be harmed by approvals of development of this nature. Agricultural lands are being lost because farmers become surrounded by urban development and become the focus of complaints by these urban developments, so they are unable to operate their farms in historic, productive ways. Complaints are received when farm machinery is operated during certain hours, or newborn animals may create complaints of noise. Aerial sprayers refuse to provide service to farmland that is adjacent to residential properties. Also, once surrounded by urban development, the Ada County Assessor's Office deems the farms subdividable land and places the valuation of these farmlands so high that the farmers are literally taxed out of existence. Economic Development Policies (page 18) 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. Keltic Heights Subdivision Attachment A Page 4 of 12 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. Land. Use Goal Statement and Policies (pages 23, 28-30) All land use development in the Meridian area will be considered an asset to the community and not detract from our quality of life. L3U The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). I AU Encourage new development which reinforces the City's present development pattern of higher -density development within the Old Town area and lower - density development in outlying areas. 1.7U Continue to promote a land development process that is clear and concise. The numerous walk-in and telephone inquiries regarding land development within the Area of Impact were, until the recent past, relatively easy to address. Staff would state that the City's Comprehensive Plan required five -acre minimum residential lots in the RUT zone unless City -owned sewer and water services were extended to the site. Connection to these services would require contiguity and annexation. Of late, staff is being assailed by requests for development of literally every square mile of the impact area. We respectfully request the opportunity to develop mutual plans with Ada County that can alleviate the workload for staffs in both of our jurisdictions. L I OU Promote the design of attractive roadway entryway areas into Meridian, which will clearly identify the community. The application does not indicate how the design of this development will clearly idents the development as part of the community of Meridian, instead of an Ada County development. 1.11 U Protect citizen investments in existing public facilities (water, sewer, streets, fire, police) by encouraging controlled growth through city planning reviews and development agreements. Please note that the Natural Resource Policies included in prior Ada County staff reports cite references to individual on-site sewage disposal systems. The City of Keltic Heights Subdivision Attachment A Page 5 of 12 Meridian does not regard a package treatment plant serving 1, 451 residential units and extensive commercial developments an individual system. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 6.1 The Meridian Comprehensive Plan shall apply in the rural areas which are outside Meridian's City Limits and within the Meridian Area of Impact, and the Ada County Zoning Ordinance shall apply in the rural areas outside the City limits. 6.3 Although it is recognized that urbanized development does exist within the rural areas of the Area of City Impact, the rural lands should be kept in agricultural production as long as possible until urban services (municipal sewer and water facilities and other essential services) can be provided. In regard to single-family dwellings on 5- or 10 -acre tracts, the following shall apply: b. Within the Urban Service Planning Area, one single-family residential house may be placed on a 5- or 10 -acre tract provided dry line sewer and water lines are installed and constructed, and plans and layouts for roads are made and provisions are made for future re -subdivision of the 5- or 10 - acre tract to an urban density as shown in the Comprehensive Land Use map. c. Within the Urban Service Planning Area, development may occur in densities as low as 3 dwelling units per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided in accordance with Ada County Zoning and Subdivision Ordinances Policy. Development density below three dwelling units per acre may be allowed by conditional use permit if a cost/benefit analysis indicates positive impacts to the City of Meridian. Connection to city water and sewer utilities is required. A cost/benefit analysis must be provided to the City of Meridian. Additional analysis may be provided by the City of Meridian, the cost of which must be borne by the applicant. 6.4 Residential development is allowed in the rural areas provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, when low, medium and high density residential may be considered. All residential development must also comply with the other appropriate sections of this plan. Keltic Heights Subdivision Attachment A Page 6 of 12 6.7U Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques. The application fails to show any innovative land use planning techniques that provide any sort of buffer to adjacent agricultural uses. 6.8U New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. 6.10U New urban density development should provide perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Natural Resources and Hazardous Areas — Existing Conditions, Goal Statement and Policies (page 32) The Meridian area is an extremely productive agricultural area as a result of good soils, a long growing season, and the availability of water for irrigation. Agriculture provides an important component of the City's economy. To respect this important resource, the City should direct urban growth to allow for adequate urban expansion and yet minimize the loss of productive agricultural lands. Retain the existing high-quality environment for ourselves and future generations, by ensuring that land, air, water, vegetation and wildlife are not diminished in quality or quantity by future activity. 5.2 The environmental impacts of both public and private projects should be evaluated carefully prior to their approval. Projects with environmental problems should only be approved after written guarantees are provided by the applicant which will mitigate potential adverse impacts of such development. Numerous environmental problems may become evident with this project. Extensive written and financial guarantees should be provided prior to approval of this development, as well as a plan of steps that will be taken should a catastrophic event occur. 5.3 Information should be readily available to the public regarding environmental hazards or problem areas within the community, especially with regard to land, air, water, vegetation and other natural resource constraints. Included in the closing documents of every lot should be detailed information regarding the proposed sewer system and the responsibility of the homeowners Keltic Heights Subdivision Attachment A Page 7 of 12 association to repair or replace the system should the sewer system fail. The applicant has provided no information on the proposed sewer system. Public Services, Utilities and Energy Resources Goal Statements and Policies General Public Services and Utilities Goal Statement (page 38) — Meridian will serve all citizens in an objective, efficient and professional manner. The City will periodically evaluate public opinion and take actions to maintain high quality services in the community. 1.5U If an organization other than the City can provide municipal services at less cost than the City while maintaining an acceptable level of quality, the City will authorize that organization to provide services. Prior to authorization, the City will fully analyze and compare the proposed scope of service with the public scope of service to determine the level of correlation and service quality. Please refer to the letter dated May 24, 2001, by Gary D. Smith, P.E., Meridian City Engineer, and Brad Watson, P. E., Meridian City Engineer, on another similar project. It should also be noted that the City of Meridian will incur the following additional costs: • Administrative costs for staff time to respond to telephone and front -desk inquiries; • Calls for police aid when no County Sheriff officers are nearby due to mutual aid agreements • Additional general fund revenues to Meridian Rural Fire Protection District for the City's portion of operating expenses and; • Operation and maintenance for park and pathway facilities and recreational programs. 1.8U Urban services will not be provided outside the Urban Service Planning Area Boundary or outside the City limits until such area is annexed, without City approval. This policy helps provide for managed growth in accordance with approved plans. Itis the City's policy to not provide sewer and water service unless the property is annexed to the City of Meridian. Community Development Goal Statement and Policies (Page 39) Protect and maintain our quality lifestyle by preserving and enhancing the community's historic, aesthetic, environmental, economic, and cultural resources through compatible land use development. The proposed development is not compatible with existing adjacent land uses, nor are adequate buffering techniques proposed. Keltic Heights Subdivision Attachment A Page 8 of 12 3.5U Identify city neighborhoods, based on major streets, natural resources, existing development patterns and services, to initiate the foundation of workable planning areas. 3.6U Adopt neighborhood plans that identify compatible land uses, public facility needs and desirable quality of life factors for each area. The City of Meridian is in the process of developing neighborhood plans and implementing ordinances to facilitate development throughout the Area of Impact. The City of Meridian is also participating with Ada County and the Ada County Highway District to develop an overlay plan for this entire area. Enzineering and Public Works Goal Statement and Policies (Page 40) To provide high quality technical analysis, construction, inspection, and maintenance of the City's utility infrastructure. Develop short- and long-range plans for improvement and expansions to the utility infrastructure to assure that basic service to the citizens are delivered without interruption. The City of Meridian is continually planning and budgeting for infrastructure improvements in accordance with priorities established by the Meridian City Council. Providing excellent service to existing City residents is the number one priority. 5.2U All new developments will be phased for connection to the municipal water system within the Urban Service Planning Area. The proposed development does not propose phasing for connection to the municipal water system. 5.5U All development in the USPA shall be required to connect to the municipal sewer system The proposed development does not propose connection to the municipal sewer system. 5.9U Continue to develop short- and long-range capital water and sewer projects including main extensions, reservoir and lift station construction, upsizing existing mains and expansion of the wastewater treatment facilities. The City of Meridian has developed short- and long-range capital projects and is continually upgrading the wastewater treatment plant to provide better treatment and more capacity in the system for the planned area of impact. Keltic Heights Subdivision Attachment A Page 9 of 12 5.IOU The City may participate in a portion of the cost of sewer trunk line construction as a locational incentive for development. Developers or property owners pay the balance as required by the City. The Meridian City Council is funding the upfront cost of extension of sewer trunk lines in two areas; the White Drain Trunk (aka No Name Trunk) drainage area and the South Slough Drainage Area. This property is not within an area in which the City supports immediate development, and no participation by the City to serve this development is likely at the present time. The site is not eligible for any locational incentive. Public Safety Goal Statement (Police/Fire) (pate 41) To provide the highest possible level of public safety, property protection and crime protection services to citizens and visitors of Meridian in a courteous, responsive and cost-effective manner. 6.1 To ensure adequate protection for new developments, provisions shall be made for satellite fire stations which have a staff of fire fighters equipped with the appropriate fire -fighting facilities. The nearest fire station is over four miles away from this proposed development. Although the applicant is proposing afire station site, the request is that the facility be built within 5 years of the first phase of the project. The City's capital improvement plans are not dictated by individual development requests. 6.6U Adequate water supply and water pressure should be available to provide fire protection for urban -type development within the Urban Service Planning Area. 6.8 Police protection within the city limits and police protection furnished by the Ada County Sheriff's Department in the areas outside the city limits, but within the Urban Service Planning Area, should be maintained according to the recommended service ratio of 1.6 to 1.8 police officers per 1,000 persons. Based on 2000 Census data, the average household size within the City of Meridian is 2.98 persons. This development (proposed 1, 451 residential units in subdivision only) would create the need for seven additional FT police officer to meet the recommended service ratio. Current service ratios are below this recommended service level. 6.9U Maintain a five-minute or less response time goal to all fire, police, and medical emergencies within the City. Keltic Heights Subdivision Attachment A Page 10 of 12 Response times are critical to the City of Meridian in order to maintain existing ratings and fire insurance rates. Urban density developments scattered throughout the Area of Impact will increase response times. The Meridian Rural Fire Protection District indicated the District had response times of 12-15 minutes in outlying rural areas. Open Space, Parks and Recreation Goal Statements and Policies (page 57) Uncontrolled urban development fragments a community's identity. Community pride depends upon, largely, a sense of belong which comes from knowing where a person is and who is there with him. Open space helps define the urban place, both visually and functionally. 1.7U Meridian adopts the park development standard of five acres per 1,000 population as a community park standard. This development would create the need for an additional 21.6 acres of community park to meet the adopted community park standard. No contribution to community parks is proposed with this development. Park Acauisition Goal Statement and Policies (page 60) Create new public recreation opportunities by acquiring new parkland and expanding existing facilities that respond to the needs of the community. 2.5U New subdivision development, highway improvements, and all changes of land use will be considered as opportunities to: d. Require development impact fees or in -lieu -of land dedications to achieve the minimum parkland standard of five acres per 1,000 residents. The applicant has not proposed to pay any park impact fees to support development of community parks or trail systems within the impact area, and will pay no City taxes to help support acquisition or expansion offacilities. 2.8U Continue the high maintenance standard of parks to assure their continued value to the City residents. With increased use of City parks and recreational facilities and programs by non - taxpaying residents in the area, funds for maintenance and operation of existing parks will be strained. Housing Future Conditions, Forecast Needs and Policies (page 67) Keltic Heights Subdivision Attachment A Page 11 of 12 Continued housing demands into the foreseeable future will put a considerable strain on the City's ability to provide quality services. To protect quality of life and encourage affordable housing, the City must direct residential growth into desirable locations with adequate infrastructure and services sufficient to meet the demand. Home builders and owners will be asked to share in these impact costs. As a result, higher density housing and planned unit developments situated near commercial developments will find acceptance. In order to continue approving quality housing projects in Meridian... all urban surfaces must be available to current and expected residents. Quality housing in Meridian is more than a living structure... it includes quality schools, parks, public safety and efficient government. If any of these area lacking, providing housing is pointless. The challenge ahead for Meridian is both housing and a full complement of essential services to support a quality living environment. 1.6 Housing proposals shall be phased with transportation, open space and public service and facility pians, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. This development does not coincide with planning efforts for open space and public services and facilities. Residents will be required to abandon purchased facilities and pay latecomer and sewer and water assessments at a later point if this development proceeds. 1.7 Residential developments shall be phased in accordance with their connection to the municipal sewer system Services to this area are planned to be provided by the end of 2007, the time within which the City of Meridian made a commitment to serve this area. No realistic proposal for connection to the municipal system exists at this time. Community Identification Goal Statement (nage 71,) Create visual quality and functional identity for the City of Meridian and its surrounding environment. 1.2 Neighborhood areas should be identified for future planning purposes to assure that development will strengthen the community feeling of quality. Without specific neighborhood plans in place, and without planning done for areas contiguous to this development in regard to parks, open space, pathways, circulation, neighborhood convenience services, etc., it is not possible to determine if this development will strengthen the community feeling of quality. Keltic Heights Subdivision Attachment A Page 12 of 12 0 ON Nviaw3W 'N JCS October 12, 2001 MERIDIAN CITY COUNCIL MEETING October 16, 2001 APPLICANT ITEM NO. REQUEST Discussion of Ada County Development Services Project for Keltic Heights — 1,451 units on 383.81 acres 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: Contacted: COMMENTS See attached Q)SCUS Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. PHONE: (208) 364-2277 FAX: (208) 364-2406 BUILDING DATE: July 17, 2001 ADA COUNTY DEVELOPMENT SERVICES 650 MAIN STREET, BOISE, IDAHO 83702 ENGINEERING PLANNING TO: Ada County _X_Assessor X_Building Division _X_Engineer _X Long Range Planning Parks Dept./Donna Griffin _X G.I.S. X_Solid Waste Mgmt./Dave Neal _X_EMS Pest Extermination __X _Ada County Highway District Other Agencies X_COMPASS X Central District Health Boise Airport Director Boise Planning 6 Zoning/Hal Simmons Boise Public Works/Ivan Butterfield Bureau of Reclamation X Boise Project Board of Control —X—Settlers Irrigation District Drainage District Sewer District X_Natural Resource Conservation Serv. X_Dept. of Environmental Quality X_Dept. of Water Resources _X—Ada County Sheriff FROM: Scott Cook, Planner H Utilities _X_Idaho Power _X_Intermountain Gas _X Qwest —X—United Water Co. -X-Cambridge Telephone Co. ZONING RECEIVED JUL 19 2001 CITY OF MERIDIAN Bare= of Land mmugement Boise Fire Department _X_Meridian Fire District Chevron Pipeline X_Meridian School District _X_ITD District #3 Planner _X Idaho Transportation Dept. - X City of Meridian U.S. Post Office Neighborhood Assn. ID Humane Society Ada County Free Library Tim Breuer - Ridge to Rivers Environmental Coordinator RE: 01-01-DA/01-02-SKP/01-06-ZC KELTIC PARTNERS LLC — KELTIL NEIGH 4p The Ada County Planning and Zoning Commission will hold a public hearing on01, beginning at 6:00 p.m. in the Les Bois Room of Boise City Hall, 150 North Capitol Blvd., Boise, ID, on the following application: 01-01-DA/01-02-S1<P/01-06-ZC KELTIC PARTNERS LLC — KELTIC HEIGHTS: A Zoning Ordinance Map Amendment from RUT (Rural Urban Transition) to R4 (Medium Low Density Residential) with a Planned Unit Development Overlay District, a Development Agreement and a Sketch Plat consisting of 929 single-family residential lots, 15 commercial lots, 5 multi -family lots, 59 common lots, 38 open -space lots, 1 school lot and 1 fire station lot. The property contains 383.81 acres and is located at 4895 N. Meridian Road, Meridian, ID; Section 25, T. 4N., R. 1W. Ada County welcomes any comments you may have on this application. Please submit your comments on agency letterhead, by August 7, 2001. Make specific reference to the file number noted above. If you do not respond, Ada County shall consider you as having no comments on this application. ATTACHMENTS: 1. Land Use Application 2. Applicant's Statement 3. Site Plan 4. Vicinity Map Development Agreement ADA COUNTY DEVELOPMENT SERVICES, 650 Main Street, Boise, Idaho 83702 SUBMITTALS: 1. 2 Detailed letter by the applicant. See "General Information" below. 2. Metes and bounds legal description of the property subject to the development agreement. 3. Parcel map. Available from the Assessor's office on the a floor of the County building. 4. Affidavit by the property owner agreeing to the submission of the development agreement. 5. Qi Draft development agreement in conformance with the County's model agreement. b. Concurrent applications, as applicable. www.adaweb.net 1 (208) 364-2277 nEGEivED JUN 1 " U, ADA GOUNTY DEVELOPMEW SEFMOE 7. ❑ Multiple copies. You must submit 20 additional packages containing one each of the following documents: ❑ Application form ❑ Application letter ❑ Draft development agreement GENERAL INFORMATION: Your application letter must address the following: • The intent of the proposed development agreement. • The specific uses proposed for the property and a list of any modifications to zoning ordinance standards. • The proposed systems for water supply, sewage systems, and storm water management. • Operation and maintenance plan for dedicated open space (if applicable). • The proposed covenants, grants, easements, public utilities, and/or other use restrictions. • A project schedule and phasing plan showing the proposed times when all other applications will be filed. • Proposed financing of necessary public facilities. SITE INFORMATION: Location: Quarter. Section: � Township:'7�ith�?ii Ran e % 1 g � � Total Acres: Subdivision Name: Site Address: Lot: Block: �iS( �'1 !fit e2&Z� iArea of City Impact: Tax Parcel Number(s): Zoning: &f*71 Soyzs>iooso APPLICANT: Name: SO .azo e� Address: City: / -'�.s r State: TcP Zip: Telephone: '3 Fax: 34X5—,,, 9 oS�Li•�5'f2 7F0 C) SaY�syc� I certify this information is correct to the best of my knowledge. ��7�n �7,7,c Signature: (Applicant) Date OFFICE USE ONLY File No.: Received By: Date: Log: X -Ref.: History Map: Stamped: Fee/GIS: 6/19/00 Z:\.SharedEngr\PZForms\2000 Zoning Ordinancc\Applications\Development Agreement.doc ENGINEERS/ PLANNERS / SURVEYORS 1800 West Overland Road Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail kentb@briggs- engineering.com June 5, 2001 Re: Keltic Heights a Planned Unit Development The Keltic Development is located in Meridian's impact area with a Comprehensive plan designation of Single Family Residential and with Mixed Use (5.16U & 5.17U). Our application involves the rezoning of 383.81 acres, with accompanying Planned Unit Development (PUD) Overlay District and Development Agreement and Sketch Plat. The applicant has gone to great deal of effort to combine the various properties to have a development which can provide for a diversity in lots sizes, building types and other compatible land uses that are desirable for residential neighborhoods. At the same time the Keltic Development provides affordable housing with useable amenities. This Planned Unit Development is compatible future developments in Meridian as allowed within the Meridian Comprehensive Plan. The Keltic Development will create series of small neighborhoods within an over all Keltic Community. With a mixture of housing styles and housing values which are separated by 15.36 acres of and walking and biking paths which interconnections to provide an inviting pathway system to walk and bike throughout the Keltic Development. Scattered throughout the development are 15.9 acres of small parks, all of which will be maintain by the Keltic Homeowners. The Keltic Development will be served water by United Water Corp. Water United has main service line located on the north side of Chinden Blvd. They are currently supplying water service to Fox Ridge and Spur Wing developments and the Holy Apostle Catholic Church in the area. We plan on building the North Sloughs trunk line for the City of Meridian to and through this site. If the City of Meridian decides they are not ready for sewer service at this time we will create a new sewer district with some the other property owners in the area and will provide our own on-site sewer treatment. We will also providing the City of Meridian with a 1.5 acre Fire Station site along Meridian Road to help provide fire protection in the area. the station be built by Meridian five Years of the first plat being filed - The applicant is requesting Planned Unit Development (PUD) Overlay District, to allow for flexibility in site design and dimensional standards in the developing of the residential components of the project. We are also proposing offices and commercial uses as allowed in Ada County Planned Unit Developments. Much of the Keltic Residential Development exceeds the 0110.ACDS>NAR.LTR BRIGGS ENGINEERING, INC. 1800 W. Overland Road - Boise, Idaho 83705 - (208) 344-9700 dimensional standards of the R4 zone. However, we are seeking some '`` nsional" flexible in the following areas: • The are proposing 22.12 acres of light commercial \residential office along Linder, Meridian Roads and Chinden Blvd. • We are proposing two types of multi -family residential uses within the Keltic Development. We have proposed 25.34 acres of large house apartment housing in the plan with 1.75 acres of parks space in those planned areas. We are also proposed 18.18 acres of apartments with 1.5 acres of park space in those planned areas of the project. • We are proposing overall 304.53 acres of single family residential housing. Of which 139.69 acres is proposed for lots dimensions of 50-65 feet frontages with a minimum square footage of 4,900 sq ft. The overall density of the single family residential housing is 3.05. The Keltic Planned Development is located in Section 25, Township 4, North, Range 1 West. The Southeast corner of the Section approximately 40 acres is under the control of the development but is not apart of this development application. The proposed R4 zoning is with Meridian's designation of (Single Family Residential). The proposed PUD is consists with the Ada County's code requirements. If you need any additional information or clarification for this application please call me at 344- 9700. BRIGGS ENGINEERING, Inc. Kent Bro Land Use Planner 00 -01 -DA (xref. 00- -ZC) Parkland Development Exhibit D -Conditions of Approval Rezone of the property located in Keltic Heights, and more specifically described in Exhibit A, and visual with Conceptual Site Plan (Exhibit D) is approved subject to the following limitations: A. The areas highlighted with yellow, blue and light green are limited to Single Family Residential Uses. Specifically as follows: 1. Yellow colored area Single Family Residential with a maximum -132 lots ranging from 80' to 100' wide and 110' to 130' deep. Also includes a park which Keltic Heights residents will operate and maintain which will be a minim of 3.8 acres in size. 2. Blue colored area Single Family Residential with a maximum -311 lots ranging - - from 65' to -80' wide and -100' to 115' deep. Also includes two parks which Keltic Heights residents will operate and maintain which will be a minim of 0.5 and 8.29 acres in size. Lot frontage of 10' when used in combination with a common driveway. Common driveway being minim of 20' wide serving maximum of four lots. 3. Light Green colored area Single Family Residential with a maximum 486 lots ranging from 50' to 65' wide and 90' to 110' deep. Also to include a green belt pathway along the north sloughs. Lot frontage of 10' when used common driveway. Common driveway being minim of 20' wide serving maximum of four lots. 4. Taupe colored area Large House Apartments with a maximum 222 executive dwellings, each dwelling having garages. Also includes three parks for residents of the apartments to use, all of which will be located as the project is developed in the future. A minimum of 1.75 acres of park space will be reserved in this portion of the project. Except for the Taupe colored area near the elementary school the park spaces will be operated and maintained by the Large House Apartment Residents. Keltic Heights Residents will operate and maintain the portion along the north sloughs as a part of their green belt system. A one and half acres along Meridian Road will be set side for a Meridian Fire Station if Meridian will build a station within the first three years of the project. Mustard colored area Apartments with a maximum of 363 dwelling. Also includes minimum of 3 acres of park space. These park spaces will be located as the project develops in the future. Except of the Mustard colored area near north sloughs the park spaces will be operated and maintained by the Apartment Residents. Keltic Heights Residents will operate and maintain the portion along the north sloughs as a part of their green belt system. 6. Red colored area Light Commercial with a maximum of 22.22 acres. Shall comply with the following standards: 00- -DA KELTIC.AGR> 15 1. Commercial Uses shall plan for joint parking and common access points to streets. 2. Commercial Uses shall screen perimeter from residential uses 3. Commercial Uses shall maintain same design theme as the residential uses (landscaping, signage and architecture of building style) 4. Commercial Uses shall not exceed 20,000 sq. ft of gross floor area. 5. The Red Highlighted area in the northeast corner of the project will reserve a minimum of 1 acre of open space in this portion of the project. 6. This reserved open space will comply with the requirements of Ada Code 8-4J. 7. Purple colored area Meridian Elementary School Also includes a park which Keltic Heights residents will own and will share with the Meridian School District. Keltic Heights residents will have use of the 3 acres after school hours and the School will use the 3 acres park during school hours. The School District will maintain the landscaping and lawns. In Developer /Owner shall submit development applications for subdivision approval on all the areas highlighted with Yellow, Blue and Light Green. Developer/ Owner shall submit Building permit in accordance with the above limitations on those areas highlighted with taupe, mustard, red and purple highlight. 2. The construction of any buildings in those areas highlighted with taupe, mustard, red and purple would the Developer /Owner to provide necessary health and safety services ( sanitary sewer and domestic water and public utilities) prior to building permits being issued. 3. Storm drainage plan approval by the Ada County Engineer would be required for those areas highlighted with taupe, mustard, red and purple, prior to construction. 4. Developer /Owner shall submit master landscape plan prior to submitting the first subdivision application on all the areas highlighted with Yellow, Blue and Light Green. C. In general the phasing of the development will begin at the lower entrance along Linder Road as this is the location the sewer. However some work will also need to begin in the northeast corner of the development as this is the location of our water source with United Water. 00- -DA KELTIC.AGR> 16 2. The next phases of the development would then develop as these two opposite points were connected over time and would related to the market demands. 00- -DA KELTIC.AGR> 17 VICINITY MAP Incorporated Areas Area of City Impact Zoning =Airport Influence Area /�\—,/ Water 0 me 1000 1500 2000 Fd ADA COUNTY DEVELOPMENT SERVICES 650 Main Street Boise, Idaho 83702 208-3064-2277 This map is made from data copyrighted by Ada County. Ada County shall not be liable for inaccuracies or misuse ofthis map_ Maps bearing this disclaimer may be Photocopied freely. However, use in any digital forth requires the w r ten permission of Ada County a �+rrrrrHruru uur: ,. ..,�. •uiiuunnuururnuour Srrarrrrfs e i'ti ��rr�rfrtr�rtiii�iiiiiUtrrr� p Z ,. a4 Y� IM pal a ziJ f I i. 1 February 16, 2001 MERIDIAN CITY COUNCIL MEETING February 20, 2001 APPLICANT Parkland Development AZ 00-020 ITEM NO. 3-B REQUEST Findings for denial - AZ of 339.73 acres to R-4, R-8 and C -N zones for proposedKeltic Heights Blvd. Subdivision - west of Meridian Road and south of 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: COMMENTS See attached Findings / Conclusions OTHER: Contacted: ����- � )� ._ ��� b%ate: z / ' Phone: -� 7c() Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM RF(",'FTVFn FEB - 9 2001 To: William G. Berg, Jr. CITY OF MERIDIAN From: Wm. F. Nichols Subject: Keltic Heights Subdivision/Parkland Development (AZ -00-020) Date: February 7, 2001 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL, pertaining to the above matter. Please note this application was denied at the City Council meeting on February 6, 2001. These Findings are now ready to be placed upon the February 20, 2001 City Council agenda. If you have any questions please advise. Pek cx o -o-- 2 -? o _ o ZAWork\M\Meridian\Meridian 15360MU<eltic Heights AZ020 Denia1\Berg020901AZDeny.Mem FILE COPY BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 339.73 ACRES FOR KELTIC HEIGHTS SUBDIVISION, LOCATED AT THE WEST SIDE OF MERIDIAN ROAD FROM MC MILLAN ROAD TO CHINDEN, MERIDIAN, IDAHO BY: PARKLAND DEVELOPMENT C/C 02/06/01 Case No. AZ -00-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on February 6, 2001, at the hour of 6:30 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Director, appeared and testified, and appearing and testifying on behalf of the Applicant was: Kent Brown and Greg Johnson, and those testifying in favor of the project were: Kelly Fulpher and David Turnbull, and appearing and testifying in opposition and/or with concerns were: Buck Hamilton, Steven Trusker and Doug Stewart, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / PARKLAND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 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 (300') feet 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 §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER OF DENIAL / PARIQ.AND DEVELOPMENT - KELTIC HEIGHTS SUBDIVISION Meridian, 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 339.73 acres in size and is located at the west side of Meridian Road from McMillan Road to Chinden Blvd. The property is designated as Keltic Heights Subdivision. 5. The owners of record of the subject property are Parkland Development, LLC, Dwaine and Sharon Wolf, and Melverne Dennett, Meridian, Idaho. 6. Applicant is Parkland Development, LLC, of Meridian, Idaho. 7. The property is presently zoned by Ada County as RT, and consists of agricultural and residential uses. S. The Applicant requests the property be zoned as R-4, R-8 and CN. 9. The subject property is bordered on all sides by agricultural and rural residential uses and the city limits of the City of Meridian are not adjacent. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The Applicant proposes to develop the subject property in the following manner: Neighborhood Commercial at the south and northeast corners, and residential uses for most of the remaining property. 13. The Applicant requests zoning of the subject real property as R-4, R-8 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER OF DENIAL / PARKLAND DEVELOPMENT - I(ELTIC HEIGHTS SUBDIVISION and CN which is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. There are no significant or scenic features of major importance that affect the consideration of this application. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 1I- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. That in § 11-2-417 A it provides in part that: "If the Commission and Council approve an annexation request, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL / PARKLAND DEVELOPMENT - I<ELTIC HEIGHTS SUBDIVISION Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." 5. Idaho Code § 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 6. Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional use permits" .... when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 7. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII § 2 of the Constitution of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OF DENIAL / PARIQ,AND DEVELOPMENT - I<ELTIC HEIGHTS SUBDIVISION State of Idaho. 8. The provisions of I.C. § 50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1) That the application for annexation is denied because it is in violation of I.C. § 55-222 as the proposed annexed property does not lie adjacent to and is not contiguous with the boundaries of the City of Meridian. 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 denial of the annexation and zoning 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER OF DENIAL / PARKLAND DEVELOPMENT - I<ELTIC HEIGHTS SUBDIVISION By action of the City Council at its regular meeting held on the 2O7�( day of 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED `v COUNCILWOMAN CHERIE MC CANDLESS VOTED �- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2-- Oo' 01 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk of: Dated:�2�A� d K msg/ZAWork\M\Meridian\Meridian 15360M\Keltic Heights AZ020 Denial\FFCLOrdAZDENIAL K en r' > to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER OF DENIAL / PARKLAND DEVELOPMENT - I(ELTIC HEIGHTS SUBDIVISION February 1, 2001 AZ 00-020 MERIDIAN CITY COUNCIL MEETING February 6, 2001 APPLICANT Parkland Development ITEM NO. 8 REQUEST Annexation and zoning of 339.73 acres to R-4, R-8 and C -N zones for proposed Keltic Heights Subdivision - west of Meridian Road and south of Chinden Road 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: COMMENTS See attached P&Z Item Packets See attached Recommendation ' Ivy -,'J f 11 � ca INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: % /J _ AY'9,,6ate: ,5`04 Phone: Materials presented at public meetings shall become property of the City of Meridian, 3VV- 97w WHITE PETERSON JAIN 1 8 p WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIJS CHRISTOPHER S. NYE JULIE KLEIN FISCHER PHILIP A. PETERSON Wm. R GICRAY, III ERIC S. ROSSMAN BRENT J. JOHNSON TODD A. ROSSMAN D. SAMUEL JOHNSON DAviD M. SwARTLEY LARRY D. MOORE TERRENCE R. WHITE** WILLIAM A. MoRRow NICHOLAS D. WOLLEN WILIAM F. NICHOLS* Also admitted in OR ** Also admitted in WA To: Staff Applicant Affected Property Owner(s) Re: Application Case No. ATTORNEYS AT LAW 200 EAST CARLTON AvE., Sum 31 POST OFFICE Box1150 MERiDiAN,IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288'2501 E-MAIL: @wPPMO.cOM January 16, 2001 AZ -00-020 -NIERIDtAN NAWA OFFICE 5700 E. FRANKLIN RD. Surm 200 NAMPA, IDAHO 83687-8420 FAX (208) 466-9272 4664405 PLEASE REPLY To MERIDJAN OFFICE RECEIVED 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 Findings 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: 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 Planning and Zoning Commission; and 2. That you carefully complete (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 prepare 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 copies 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. Very truly yours, City Attorney's e Iyi BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 339.73 ACRES FOR KELTIC HEIGHTS SUBDIVISION BY PARKLAND DEVELOPMENT Case No. AZ -00-020 RECOMMENDATION TO CITY COUNCIL OF DENIAL INTRODUCTION 1. The property is approximately 339.73 acres in size and is located at the west side of Meridian Rd. from McMillan Road to Chinden Blvd. The property is designated as Keltic Heights Subdivision. 2. The owner of record of the subject property is the Parkland Development, LLC, Dwaine and Sharon Wolf, and Melverne Dennett. 3. Applicant is Parkland Development, LLC, of Meridian, Idaho. 4. The property is presently zoned by Ada County as RUT, and consists of agricultural and residential uses. 5. The Applicant requests the property be zoned as R-4; R-8 &- CN. 6. The subject property is bordered on all sides by agricultural and rural residential uses and the city limits of the City of Meridian are not adjacent. 7. The property which is the subject of this application is within the Area RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - IkELTIC HEIGHTS SUBDIVISION - PARKLAND DEVELOPMENT of Impact of the City of Meridian. S. The Applicant proposes to develop the subject property in the following manner: Neighborhood Commercial at the south and north east corners, and residential uses for most of the remaining property. 9. The Applicant requests zoning of the subject real property as R-4; R-8 and CN which is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 10. 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 the requested annexation and zoning as requested by the Applicant for the property described in the application BE DENIED because it is in violation of I.C. §55-222 as the proposed annexed property does not lie adjacent to and is not contiguous with the boundaries of the City of Meridian. Z.\Work\M\Meridian\Meridian 15360M\Reconunendations\KelticHgtsAZDenial.wpd RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - KELTIC HEIGHTS SUBDIVISION - PARKLAND DEVELOPMENT January 2, 2001 AZ -00-020 MERIDIAN PLANNING & ZONING MEETING January 4, 2001 APPLICANT Parkland Development ITEM NO. 1 REQUEST Annexation and Zoning of 339.73 acres from RT to R-4 R-8 and C -N zones for proposed Keltic Heights Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See previous item packet re Contacted:�(, L/ M Date: I i7 t Phone: �2 C' Materials presented at public meetings shall become property of the City of Meridian. Sent By: ; 208 888 6854; Jan -4-01 10:56Akl; Page 1 WHITE PETERSON WITH, Pm soN, Monow, GicatAY, RossasAN, NvE & RossmAN, P.A. MEMORANDUM January 2, 2001 From; Dave Swartleyw" To: Meridian Planning and Zoning Commission Subj: Keltic Heights Subdivision i ktir �vu . At the November 2000 Meridian City Planning and Zoning Commission Meeting, the Commission heard the application for the Annexationand Zoning of 339.73 acres to R-4, R 8 and C -N zones for the proposed Kekic Heights Subdivision by Parkland Subdivision. Former Meridian Planning and Zoning Commissioner Kent Brown made the presentation for Parkland. During Mr. Brown's presentation, Brad Dawkins -Clark expressed the Staffs concern over this application based on th$ process by which Parkland was attemptmg to annex the Keltic Heights property, and therefore, Mr. Hawking Clark recomara led denial of the application. The Commission subsequently directed the City Attorney's Office to research the issue of the legality of "shoestringing," or annexing property via public rights-of-way. The following findfiW were made. The annexation of territory is controlled by Idaho Code § 50-222, which provides in subpsragraph (1) as follows. On and after January 1, 1995, any land lying condguoin or adjacent to any city in the State of Idaho, or to any addition or wrtension thereof may be annexed by the city only if the land is lying in the area of city impact as determined by procedures contained in section 67-6526, Idaho Code, and the land is laid off into blocks containing not nvre than five (5) acres of land each, whether the same shall have been or shall be laid off, subdivided or platted in accordance with any statute of this state or otherwise, or whenever the owner or proprietor or any person by or with his authority, has .sold or begun to sell off such contiguous or adjacent lands by metes and bounds in tracts not exceeding five (5) acres. An owner of land of any size may request that the tract of land be annexed by the city whether the land is or is not contained in the city's area of impact by submitting such request in writing to the city counp7. If the we of land is surrounded by or borders the city, the city council may, by ordinance, declare the land by proper legal description thereof to be a part of such city. In any annexation or adjacent territory, the annexation shall include all portions Of highways lying wholly or partially within the annexed area. JAN 04 '01 11:11 208 888 6854 PAGE.01 Sent By: ; 208 888 6854 _ , Jan -4-01 10:57AM; Page 2/4 (emphasis added). The issue that has faced the Idaho courts is what satisfies the "contiguous or adjacent'° requirement. In Potvin v. Village of Chubbuck, 76 Idaho 453 (1955), the Village of Chubbuck passed an ordinauace annexing appro)dnWely 2'/2 acres of property connected to the village through a corridor strip :or shoestring roughly 3 miles long and five feet wide, mostly within a public highway. Interpreting or y erg g pri rulings in Idaho, the Idaho Supreme Court concluded that the Village ordinance was void as the territory sought to be annexed was not contiguous or adjacent to the Village. In the case of Hillman v City of Pocatello, 74 Idaho 69, at page 71, 256 P.2d 1072, Justice Keeton, Speaking for this Court, stated: "Cities, towns and villages have the power to annex additional territory only under the conditions, restrictions and limitations which the legislature has imposed. Bolse City v. Baxter, 41 Idaho 368, 238 P. 1029... . "Under statutes authorizing a city or village, under prescribed conditions, to annex adjacent or contiguous territory to the municipality, such statutes have been generally construed to include only contiguous or conterminous territory. The words `adjacent' and `contiguous' so used must be construed to have a meaning in their primary and obvious sense, and the territory to be annexed must be adjoining, contiguous, conterminous or abutting. In other words `adjacent' as Wed in the statute weans connected with and does not con"Plate than a city or village should be divided into noncontiguous parts or separated areas. (Cases cited.)" (Emphasis added.)... . 37 Am.Jur.1954 Supp, p. 55, Municipal Corporations No. 27, states: "" 0 * Attempts to annex outlying territory to a municipality by the device of a correcting, narrow, shoestring strip of land are looked upon with disfavor by the courts...." It is undisputed that the nearest point of the Village of Chubbuck to the property of the Last Frontier is approximately three miles, except for the intervening five-foot strip. Tbe o* qparew purpose of the strip is to provide a connecting link with the land actually sought to be annexed. For all practical purposes, a three-mile gap will divide the Village from the proposed addition and the essentials of contiguity and adjacency are lacking. Potvin, 76 Idaho at 457 to 459. The Supreme Court upheld Potvin fourteen years later in 11endricks v. City of Nampa, 93 Idaho 95, 456 P.2d 262 (1969). There, plaintiffs sought to have Nampa City Ordinance No. 1045 declared void. The facts are long and involved, but are not too dissimilar from potvin, in essence, MEMO JAN 04 '01 11:11 Zee ees 6954 PAGE.02 bent By: ; 208 888 6854 Jan -4-01 10:57AM; Page 3/4 several Pr'D1o'Y owners' some with Property having common boundaries to the city and others not, sued'Over the annexation of their properties. The Court found as follows. Municipalities may exercise orily such powers as are expressly granted them or necessarily implied from the powers granted. They have the power to annex additional territory only under the conditions, restrictions and limitations which the legislature imposes. If the essentials of the statute are lacking the annexation ordinance is invalid. Henakeks, 93 Idaho at 98. (Citations omitted). While annexation may be authorized under I.C. § 50-303, now I.C. 50-222, it must also pass the test of reasonableness `Turd*nmme, the total portion an=wd is to be considered as an entirety, and even though sonic parts might have been left out or other areas might have been included, nevertheless, if the entire portion sought to be annexed comes tenably within the purposes for which annexation may be made it will not be considered that the city has abused its discretion." Hendricks, 93 Idaho at 98 (Citations omitted). However, the Court also found as follows Likewise the statue contemplates that the land to be annexed `*W be connected" to the municipality, and will not merely "by a shoe string or strip of land upon a public highway." Hen4kcks, 93 Idaho at 101. In Oregon Shortline Railroad Co. V. CRY Of Chubbuck 93 Idaho 815, 474 Idaho 244 (1970), the City of Chubbuck attempted to annex railroad property under Y.C. § 50-222. In reversing the trial court's of declaring the annexation ordinance void, the Supreme Court determined that [i)t is clear from I.C. § 50-222 that the only restrictions on the annexation of railroad Property are that it must be reasonably assumed to be necessary for orderly city development and that it must be land connected to the city by more that just a "shoe string or strip of land upon a public highway." Oregon Shortline, 93 Idaho at 815. No Idaho case law sigce has ovate ned these decisions. Therefore, it is clear that Idaho law does not allow property to be annexed n a shoe p highway upon string of a strip of land upon a public as such annexation is not adjacent to or contiguous with a municipality. The City of Meridian should not allow the annexation of the Keltic Heights property in its current situation as to do so is clearly contrary to Idaho law. MEW JAN 04 '01 11:12 Zoe ees 6954 PAr.F a7 Sent 8y: ; 208 888 6854- Jan -4-01 10:57AM; Paae 4/4 Aside issue that arose at the November Coffin was brought up by the applicant during its presentation. It � the position of the applicant that the City of Meridian had annexed PmPOrty in the pest that could be considered shoe string ns now bound by such decisions, Thistio and , as such, the City was argument should not be given any credence by this Commission. Regardless of the decisions of prior Commissions„ this Commission is by now means bound by decisions of prior Coro erosions. Earlier COnlmissio ns, with different Comumissioners, and different issues, do not need to be taken m to account. Furthers the facts and issues before those Commissions on those particular applications are not necessarily similar. Thereibre, the Commission should not feel cDmpelled to follow the prior decisions,, eVwially if such decisions could ultimately be found to have been made in contravention of the Idaho Code. JAN 04 '01 11:12 208 eee 6854 PAGE -A4 MEMORANDUM: JAN 4 2001 January 4, 2001 City of Meridian city Clerk Office To: Planning & Zoning Commission/Mayor & City Council From: Steve Siddoway, Planner e)pf~—_ Bruce Freckleton, Assistant to City Engineer Re: Request for Annexation and Zoning of 339.73 Acres from RUT (Ada County) to R4, R-8 and C -N by Parkland Development (File #AZ -00- 020) 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: APPLICATION SUMMARY This application proposes to annex eight (8) existing parcels, for a total of 340 acres from McMillan Road to Chinden Blvd. and from Meridian Road to Linder Road. The property falls within an area designated mainly as Single Family Residential in the Meridian Comprehensive Plan. The intersection of McMillan and Meridian Roads is designated as Commercial/Mixed Planned Development. As no formal application has been received outlining details of development, and no associated traffic study prepared, ACRD has not prepared a staff report on this project to date. Because a development application (plat or CUP) has not been submitted, no detailed comments have been prepared for the concept plan. However, several problems are apparent with the submitted concept plan. AZ 00-020 1. The concept plan appears to include apartment buildings near the southeast corner of the development. Apartments are prohibited in the requested R-8 zone. 2. The concept plan appears to have large strip -commercial lots running the length of Meridian Road and Chinden Blvd. Commercial development is Keltic (Part 2).AZ.doc approves an annexation request. Specifically, Ordinance 11-15-11 lists the following questions (shown in bold) that must be adequately answered for each property. Staffs analysis of each required finding is below each item: AZ 00-020 Keltic (Part 2).AZ.doc ..JB OFTRUSURE VALLEY � t 2 e'� . MAYOR A Good Place to Lave Ll Robert D. Corrie CITY OF MERIDIAN (208 CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUl (201 / Keith Bud MERIDIAN, IDAHO 83642 T.nmy deWeerd (208) 888-4433 - FAX (208) 887-4813 P City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless RAE ED (208) 884-5533 • FAX 889-6854 MEMORANDUM: JAN 4 2001 January 4, 2001 City of Meridian city Clerk Office To: Planning & Zoning Commission/Mayor & City Council From: Steve Siddoway, Planner e)pf~—_ Bruce Freckleton, Assistant to City Engineer Re: Request for Annexation and Zoning of 339.73 Acres from RUT (Ada County) to R4, R-8 and C -N by Parkland Development (File #AZ -00- 020) 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: APPLICATION SUMMARY This application proposes to annex eight (8) existing parcels, for a total of 340 acres from McMillan Road to Chinden Blvd. and from Meridian Road to Linder Road. The property falls within an area designated mainly as Single Family Residential in the Meridian Comprehensive Plan. The intersection of McMillan and Meridian Roads is designated as Commercial/Mixed Planned Development. As no formal application has been received outlining details of development, and no associated traffic study prepared, ACRD has not prepared a staff report on this project to date. Because a development application (plat or CUP) has not been submitted, no detailed comments have been prepared for the concept plan. However, several problems are apparent with the submitted concept plan. AZ 00-020 1. The concept plan appears to include apartment buildings near the southeast corner of the development. Apartments are prohibited in the requested R-8 zone. 2. The concept plan appears to have large strip -commercial lots running the length of Meridian Road and Chinden Blvd. Commercial development is Keltic (Part 2).AZ.doc approves an annexation request. Specifically, Ordinance 11-15-11 lists the following questions (shown in bold) that must be adequately answered for each property. Staffs analysis of each required finding is below each item: AZ 00-020 Keltic (Part 2).AZ.doc Mayor, Council and P&Z January 4, 2001 Page 2 prohibited in the requested R-4 and R-8 zones where these lots are shown. They are also in violation of the single-family residential land use designation in the Comprehensive Plan. 3. As a Planned Development, the project is required to have 10% open space. The project appears to fall far short of the required 34 acres of open space (note: no details were submitted and the plan is not scalable). The school site does not count toward the open space requirement. 4. Several block lengths appear to be much longer than the 1000 -foot maximum block length. 5. Staff has concerns about the design of the numerous flag lots shown on the north and south areas of the project. 6. The required Landscape Buffers along Meridian Road, McMillan Road, and Chinden Blvd. do not appear to be provided for in the concept plan. 7. More detailed comments are not possible without a scalable site plan and details about the proposed development. The property is not contiguous with existing Meridian City Limits and connects to the City via a "shoestring" that runs down Meridian Road 3/a mile to the 56 -acre park site. Comments relative to this issue have already been provided in the previous staff report, dated November 8, 2000 and by the City Attorney's office in a memorandum dated January 2, 2001. SURROUNDING PROPERTIES All surrounding land uses are agricultural and/or rural residential. CURRENT OWNERS OF RECORD 1. Parkland Development, LLC. 2. Dwaine and Sharon Wolf 3. Melverne Dennett ANNEXATION AND ZONING GENERAL COMMENTS Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, states that both the P&Z Commission and Council are required "to 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." In other words, there must be ample evidence supporting the necessity for the City to expand its annexed area before the Commission and/or Council approves an annexation request. Specifically, Ordinance 11-15-11 lists the following questions (shown in bold) that must be adequately answered for each property. Staffs analysis of each required finding is below each item: AZ 00-020 Keltic (Part 2).AZ.doc Mayor, Council and P&Z January 4, 2001 Page 3 A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The majority of the subject property is designated as Single Family Residential on the Land Use Map of the current Comprehensive Plan. The Applicant is requesting zones of R-4, R-8, and C -N, which does not comply with the single family designation. A portion of the proposed annexation, at the intersection of McMillan and Meridian Roads, is designated as Commercial and Mixed Planned Use Development. The request for annexation and zoning is not in accordance with the Comprehensive Plan and there has not been an application for a Comprehensive Plan amendment. For a detailed list of applicable Comprehensive Plan policies, please refer to the section titled `Comprehensive Plan Analysis'. B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; There have been no changes in the area or adjacent areas which may dictate that the area should be rezoned. Two-lane roadways on the arterials adjacent to this development are not adequate to support a development of this size, and no plans to widen or improve any of the roadways are on the horizon. No parks are included in the annexation request. C. Will the proposed uses 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; Without a formal application to consider as part of the annexation, it is impossible to analyze the annexation request for this issue. The "essential character of the area" will certainly change if this application is approved. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Without a formal application to consider as part of the annexation, it is not possible to determine if the proposed uses will be hazardous or disturbing to existing or future neighboring uses. Single family housing should not be hazardous or disturbing to the rural residences adjacent to the annexed area. The only possible disturbance may be to adjacent agricultural uses, which could be adequately addressed through the Right -to - Farm clause in Idaho State Code. AZ 00-020 Keltic (Part 2).AZ.doc Mayor, Council and P&Z January 4, 2001 Page 4 E. Will the area 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 adequately any of such services; Sewer & Water Facilities: The Public Facilities Plan shows that the proposed subdivision would be sewered via the new North Slough Trunk, which has not been designed and has not been designated a priority by the Meridian City Council. With the White Drain Trunk designated as a priority and the three square miles of development that will occur subsequent to construction of the White Drain, the North Slough Trunk may necessitate the acceleration of capital improvements at the Meridian Wastewater Treatment Plant. Staff feels it is premature to annex this property until the desired alignment for the North Slough Trunk is better known and easements have been obtained by the City. None of the proposed subdivision can be sewered into existing sewer. All of it must be sewered to the North Slough Trunk. Water facilities are not available to serve the proposed subdivision at this time. A new well would have to be drilled and put on-line in the vicinity of the subdivision, as well as off-site transmission lines to connect to the existing water system, in order to serve this project. School Facilities: The concept plan submitted does show what appears to be an elementary school site. However, the school district has not finalized any acquisition of property, and it is unknown (with all of the other sites that have been acquired) when funds will be available to construct an elementary school at this location. Roadway Capacity: As neither a plan nor a traffic study has been prepared, and no formal application for development presented, no traffic projections are available. With the growth anticipated caused by this development alone, it is anticipated that Levels of Service for all roadways will deteriorate to less than acceptable levels without significant widening/improvements to the arterial roadway system Fire and Emergency Medical Services: Policy 6.9U, pg. 42, of the Public Services Chapter, states "Maintain a five-minute or less response time goal to all fire, police, and medical emergencies within the City." Staff questions if this goal can be achieved for paramedics originating from St. Luke's Hospital or for the Fire Department until the new substation on Ten Mile Road is constructed. F. 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; The necessary sewer and water improvements mentioned above would be at public cost. AZ 00-020 Keltic (Part 2).AZ.doc Mayor, Council and P&Z January 4, 2001 Page 5 G. Will the proposed uses 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; The additional traffic contributed by this annexation would certainly add to the adjacent roadways' congestion. As no details of development are under consideration with this annexation application, it is not known if the future uses would be detrimental. H. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Until the City receives a report from ACRD, this finding is difficult to calculate. Staff recommends any decision on this application be tabled until a development application is submitted, a traffic study completed, and a final ACRD report is available. I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and None foreseeable. Staff has not yet had a chance to walk the site and check for any. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992) The annexation does not comply with the Meridian Comprehensive Plan, cannot be based on a detailed plan as one has not been provided, is clearly contributing to urban sprawl, does not appear to meet the requirements for either a Planned Development ordinance or the landscape ordinance. As the applicant is requesting annexation, the City is free to impose additional standards as a condition of annexation. ANNEXATION AND ZONING GENERAL COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcels contiguous to existing city limits. 2. The requested zoning of R-4, R-8 and C -N (except for proposed single-family use) is not compatible with the Comprehensive Plan Land Use Map designation of Single Family Residential. The intersection of McMillan/Meridian is designated on the Meridian Comprehensive Plan as Commercial/Mixed Planned Use, and would require all development to be approved through the conditional use process as a planned development. No such application has been received. The subject property is within the Urban Service Planning Area. 3. Essential City services are not available to the subject property. AZ 00-020 Kehic (Part 2).AZ.doc Mayor, Council and P&Z January 4, 2001 Page 6 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 5. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 7. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 8. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 10. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5- 2.K. 11. All construction shall conform to the requirements of the Americans with Disabilities Act. 12. All construction shall conform to the Landscape Ordinance, Section 12-13. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goal 2 is "to ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential AZ 00-020 Keltic (Part 2).AZ.doc Mayor, Council and P&Z January 4, 2001 Page 7 development, the provision of services and the distribution of new housing units within the Urban Service Planning Area." Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Goal 4 is "to provide housing opportunities for all economic groups within the community." Goal 5 is "to preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design" Goal 9 is "to encourage a balance of land use patterns to insure that revenues pay for services." Goal 10 is "to create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable." Population Growth 1.3 Unimproved or unrealized land within the Meridian city limits and Urban Service Planning Area should be utilized in order to maximize public investments, curtail urban sprawl and protect existing agricultural lands from unnecessary infringement. School Facilities 3.3 School sites should be reserved for future acquisition in advance of development of planned land use. Approval of subdivision plats may be withheld if adequate school facilities or sites are not available to serve the proposed subdivision. 3.4 School sites should be large enough to accommodate possible future building expansion and recreation needs. 3.9 The policy of sharing sites for parks with schools should be encouraged. 3.13U Coordinate school site planning with adopted utility master plans prior to school site acquisition. Economic Development 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. AZ 00-020 Keltic (Part 2).AZ.doc r^ Mayor, Council and P&Z January 4, 2001 Page 8 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. Land Use 1.3. The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). 1.4U Encourage new development which reinforces the City's present development pattern of higher -density development within the Old Town area and lower - density development in outlying areas. 1.5U Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. 1.8U Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 1.10U Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 1.11U Protect citizen investments in existing public facilities (water, sewer, streets, fire, police) by encouraging controlled growth through city planning reviews and development agreements. 4.1. Neighborhood Shopping Centers, rather than strip commercial development, shall be provided for convenience shopping services. 4.2. Neighborhood Shopping Centers should locate: a) Near, but not necessarily at, the intersections of collectors and/or arterial roads; b) Within planned residential developments, when they are an integral part of the original development plan. 4.3U Encourage new commercial development within under-utilized existing commercial areas. AZ 00-020 Keitic (Part 2).AZ.doc Mayor, Council and P&Z January 4, 2001 Page 9 4AU Locate new planned Neighborhood Commercial Centers (3-8 acres) on arterials or collectors near residential areas in such a way as to complement but not conflict with adjoining residential areas. 4.5U Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. 4.7U Community shopping centers must be planned for future integration of adjoining residential uses. 4.8U Encourage commercial uses, offices and medical -care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials; and collector streets will be required. 6.8U New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. 6.9U Proposed urban density development which abuts or is proximal to existing rural residential development shall be subject to development review committee approval. 6.10U New urban density development should provide perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Natural Resource & Hazardous Areas 2.1 U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. AZ 00-020 Keltic (Part 2).AZ.doc 1'^ -1 ,rte A-\ Mayor, Council and P&Z January 4, 2001 Page 10 3.lU Manage and prevent unsuitable uses along drainageways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. Public Services, Utilities and Energy Resources 1.8U Urban services will not be provided outside the Urban Service Planning Area Boundary or outside the City limits until such area is annexed, without City approval. 1.9U The City will consider areas for annexation when: - It is demonstrated through a cost benefit study that the annexation will benefit the community as a whole. - The City determines it is advantageous or desirable to annex the property. 5.5 All development in the USPA shall be required to connect to the municipal sewer system. 6.1 To ensure adequate protection for new developments, provisions shall be made for satellite fire stations which have a staff of fire fighters equipped with the appropriate fire -fighting facilities. 6.6 Adequate water supply and water pressure should be available to provide fire protection for urban -type development within the Urban Service Planning Area. 6.7 Police protection within the city limits and police protection furnished by the Ada County Sheriffs Department in the areas outside the city limits, but within the Urban Service Planning Area, should be maintained according to the recommended service ratio of 1.6 to 1.8 police officers per 1,000 persons. 6.9 Maintain a five-minute or less response time goal to all fire, police and medical emergencies within the City. Compium �V Design 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.lU Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. ..etc. AZ 00-020 Kehic (Part 2).AZ.doc Mayor, Council and P&Z January 4, 2001 Page 11 RECOMMENDATION The annexation request does not meet the essential requirements of contiguity. It's important to point out that the above findings and policies carry different weight and should not be viewed solely on the basis of the number of policies that support or don't support the application. However, Staff's interpretation of the Land Use Planning Act, Comprehensive Plan policies, and required findings of the Zoning & Development Ordinance is that the size and scope of this annexation request does not fulfill the intent of these guiding policies and the annexation should not be granted at this time. Should the Commission and/or Council choose to annex, Staff recommends that, at a minimum, a cost -benefit analysis be prepared by the Applicant detailing the overall projected costs to the City to serve the new homes and how this subdivision benefits the community as a whole if it were annexed. (Comp Plan policy #1.9U of the Housing Chapter states that the City will consider areas for annexation when it is demonstrated through such studies that the City will benefit.) AZ 00-020 Keftic (Pert 2).AZ.doc November 9, 2000 AZ -00-020 MERIDIAN PLANNING & ZONING MEETING November 14, 2000 APPLICANT Parkland Development ITEM NO. 4 REQUEST Annexation and Zoning of 339.73 acres from RT to R-4 R-8 and C -N zones for proposed Keltic Heights Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: See Attached CITY FIRE DEPT: See Attached CITY BUILDING DEPT: CITY WATER DEPT: See Attached MERIDIAN SCHOOL DISTRICT: See Attached MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: See Attached CENTRAL DISTRICT HEALTH: See Attached NAMPA MERIDIAN IRRIGATION: See Attached SETTLERS IRRIGATION: IDAHO POWER: US WEST: 0 INTERMOUNTAIN GAS: tG JAI BUREAU OF RECLAMATION: OTHER: See attached from Sewer Dept and Sanitary Service Contacted: ` fy/J qM Date: l� q Phone: 97d0 Materials presented at public meetings shall become property of the City of Meridian. N 0 V - 1 2000 CITY OF WRIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 October 25, 2000 Phones: Area Code 208 Will Berg, City Clerk OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re: AZ -00-020 Annexation and zoning from RT to R-4, R-8 and C -N for proposed Keltic Heights Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above- mentioned application as it is out of our District. Sincerely, �3-e1 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 MAYOR Robert D Corrie Cf1Y COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY r� n A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 88&4433 • FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Steve Siddoway, Planner 4;pf~ ._— Re: 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 November 8, 2000 PA�ct'll *4 09 rV � 9 ? ro f 006P Ierk � f e KELTIC HEIGHTS SUBDIVISION A - Request for Annexation and Zoning of 339.73 Acres from RUT (Ada County) to R-4, R-8, and C -N for Keltic Heights Subdivision by Parkland Development (File #AZ -00-020) 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 application proposes to annex approximately 340 acres on the west side of Meridian Road, from McMillan Road to Chinden Blvd (the northern boundary of our Impact Area). The proposed zoning includes Neighborhood Commercial (C -N) at the corners of Meridian Rd. & McMillan Rd. (26.26 acres) and Meridian Rd. & Chinden Blvd. (11.11 acres). The remainder is divided between R-4 Single -Family Residential (218.98 acres) and R-8 Multi -Family Residential (83.39 acres). The property is not contiguous with existing Meridian City Limits and connects to the City via a "shoestring" that runs down Meridian Road 3/d mile to the 56 -acre park site. SURROUNDING PROPERTIES All surrounding land uses are agricultural and/or rural residential. GENERAL COMMENTS The most compelling argument for denial of this application is not based on City Ordinance, but on State law. The following quotes are taken from Idaho Land Use: Current Issues in Subdivision Annexation and Zoning Law, published by the National Business Institute, February, 2000. I.C. [Idaho Code] 50-222 (1) requires property to be annexed to lie "contiguous or adjacent" to the annexing city. Idaho's courts have interpreted the words "contiguous and adjacent" as having "a meaning in their primary and obvious AZ -00-020 Keltic Heights AZ.doc Mayor, Council and P&Z November 8, 2000 Page 2 sense." Hendricks v. Nampa, 456 P.2d 262, 267, 93 Idaho 95, 100 (1969). Land must be "adjoining, contiguous, conterminous or abutting" the annexing city for it to be subject to annexation. Id. At a minimum the land must be connected to the city annexing it. (Pages 45-46). ... The reasonable extent to which the contiguity requirement has been met is Auther modified by language contained in I.C. 50-222 (2): "Provided further that said council shall not have the power to declare such land, lots or blocks a part of said city, if they will be connected to such city only by a shoestring or strip of land upon a public highway."... Idaho's courts have interpreted that language as prohibiting "shoestring" annexations. (Page 47). The proposed annexation is a shoestring annexation, and should be denied on that basis alone, regardless of the proposed amenities within the subdivision. ANNEXATION AND ZONING COMMENTS Since staff is recommending denial of the annexation due to a clear violation of Idaho Code, no specific analysis of the application based on City Ordinances or the Comprehensive Plan are being provided at this time. Annexation Recommendation Staff recommends denial of the requested annexation based on the above comments. AZ -00-020 Keltic Heights AZ,doc 11/01/2000 13:01 208-387-6393 ACHD PLANNING PAGE 01/01 CottfdV4GUaGL Judy Peavey -Derr, President O 318 East 37th Strawt ✓Vvc UIVCIIJ, V,VG r'rt:zs en l 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.ada.id.us November 1, 2000 Parkland Development P.O.Box 344 Meridian, ID 83680 Fax: 888-9947 Re: Proposed Keltic Heights and Annexation/Rezone PXc]E'vED N 0 V - 1 2000 CITY OF MERIDIAN We have received your application from the City of Meridian for MAZ00-020 for the proposed Keltic Heights. ACHD policy requires a traffic impact study for subdivisions with over 100 lots. Before we can make preliminary comments on your proposed annexation and rezone, a traffic study will be required. We will not process this application until a traffic study has been submitted, and our traffic engineer reviews that study. Please refer to the ACHD policy manual, Section 7106, for guidelines. With this request we are also recommending that the City not process your application until your application has been presented to the ACHD Commission. Feel free to call me if you have any questions. Sincerely, C'- kh�o-t/ Christy Richardson Principal Development Analyst Cc: City Clerk(888-4218) Planning $ Zoning (888-6854) Briggs Engineering (345-2950) NOV 01 '00 13:12 208 387 6393 PAGE.01 Preparing !/ Today's Students For Tomorrow's N allenges. Joint S District No. 2 Ch � P'Fo9/e. MerN6\oC\. 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 SUPERINTENDENT RECEIVED Christine H. Donnell OCT 3 0 2000 October 25, 2000 CITY OF MERIDIAN CITY CLERK OFFICE City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Dear Councilmen: 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: Keltic Heights Subdivision Annexation and Zoning Elementary School: Andrus Elementary School Middle School: Eagle Middle School High School: Eagle High School Comments and/or Recommendations: Andrus Elementary School is over capacity. The school district is currently busing students from new developments to schools outside Andrus Elementary School's attendance boundary. Eagle Middle School is at capacity. Eagle High School is at capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased overcrowding in all three schools. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. Sincerely, Wendel Bigham, Supervisor of Facilities and Construction culorCENTRAL eDEPARTMENT DISTRICT CENTRtiL DISTRICT HEALTH DEPHH fMENT HEALTH Environmental Health Division Rezone # Conditional Use # Preliminary / Final / Short Plat 00 r c>' D Ke (�,C_ 1 e Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian ❑ Kuna ❑ ACZ ❑ Star f4/1 - We have No Objections to this Proposal. ffBu MT ❑ 2. We recommend Denial of this Proposal. OCT 2 6 2000 CITY 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: y / C 6 Reviewed By: 0_/T COHD9/O°'k` Review Sheet (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: November 7, 2000 Transmittal Date: File No.: AZ 00-020 October 4, 2000 Hearing Date: November 2000 Request: Annexation and zoning of 339.73 acres for proposed Keltic Heights Subdivision from Ada County RT to R-4, R-8 and C -N By: Parkland Development Location of Property or Project: west of Meridian Road and south of Chinden Road Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C. Cherie McCandless, C/C X Water Department Sewer Department Sanitary Service (No v FR vnc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner AZ - 24 FP - 23 PP/PFP - 24 VARNAC/CUP - 20 Meridian School District (No FP) Meridian Post Office (FPlPPonIy) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP1PPon10 U.S. West (FP/PPonw Intermountain Gas(FP/PP*,,w Bureau of Reclamation (FP/PP.w Idaho Transportation Department (Mo FP) Ada Coun"nexawn onW Your Concise Remarks: 4V,112/<J , - f -71X, :171j117C OCT 2 6 2000 CITYOFME$IDL9ni R OCT 2 3 2000 Meridian City Water Superintendent HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 238-2499 •Fax 288-2_501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (203) 337-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: November 7, 2000 Transmittal Date: File No.: AZ 00-020 October 4, 2000 Hearing Date: November 2000 Request: Annexation and zoning of 339.73 acres for proposed Keltic Heights Subdivision from Ada County RT to R-4, R-8 and C -N By: Parkland Development Location of Property or Project: west of Meridian Road and south of Chinden Road Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C. Cherie McCandless, C/C X Water Department Sewer Department Sanitary Service (No v FR vnc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner AZ - 24 FP - 23 PP/PFP - 24 VARNAC/CUP - 20 Meridian School District (No FP) Meridian Post Office (FPlPPonIy) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP1PPon10 U.S. West (FP/PPonw Intermountain Gas(FP/PP*,,w Bureau of Reclamation (FP/PP.w Idaho Transportation Department (Mo FP) Ada Coun"nexawn onW Your Concise Remarks: 4V,112/<J , - f -71X, :171j117C OCT 2 6 2000 CITYOFME$IDL9ni R OCT 2 3 2000 Meridian City Water Superintendent KUB OF TREASURE VALLEY NIAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN 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 PLANNIX031 ND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPAkN (208) 8-,55334 er� C TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PRO." 0 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: November 7, 2000 Transmittal Date: File No.: AZ 00-020 October 4, 2000 Hearing Date: November 1q, 2000 Request: Annexation and zoning of 339.73 acres for proposed Keltic Heights Subdivision from Ada County RT to R-4, R-8 and C -N By: Parkland Development Location of Property or Project: west of Meridian Road and south of Chinden Road Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner AZ - 24 FP - 23 PP/PFP - 24 VARNAC/CUP - 20 Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FPlPPonjo Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PPonUj U.S. West (FP/PPonw Intermountain Gas(FP/PPonw Bureau of Reclamation (FP/PPonw Idaho Transportation Department (No FP) Ada County (Annexation onto F'D1 DayS rVoa ' / a,,, . d 0t-© 6lw--- - HUB OF TREASURE VALLEY MAYOR Robert D. Come A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDIAN Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 TRANSMITTALS TO AGENCIES FOR COMMENTS ON LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT A33 - Fax 888-6854 G;z OCT.. DEVELOPMgT WITH THE CITY OF MERIDIANC n.(N t,* k f)F�l$d 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: November 7, 2000 Transmittal Date: October 4, 2000 Hearing Date: November, 2000 File No.: AZ 00-020 Request: Annexation and zoning of 339.73 acres for proposed Keltic Heights Subdivision from Ada County RT to R-4, R-8 and C -N By: Parkland Development Location of Property or Project: west of Meridian Road and south of Chinden Road Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, 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 (No VAR, VX- -- Building Department Fire Department -_ Police Department City Attorney City Engineer City Planner AZ -24 FP -23 PP/PFP-24 VARNAC/CUP-20 Meridian School District (No FP) Meridian Post Office (FP1PPorNyJ Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPiPPowjo U.S. West (FP/PPowo Intermountain Gas(FP/PPonw Bureau of Reclamation (FP/PPonio Idaho Transportation Department (No FP) 11/03/2000 10:56 2088885052 SANITARY SERVICE PAGE 04 NIAYOR HUB OF TREASURE VALLEY Robert D Come A Good Place to Live LEGAL DEPARTMENT CITY CQUN`CIL CITY OF MERIDIAN 9 (_'08) 2 •Fix 288.3501 MEIMBERS Ron Anderson 33 EAST IDAHO PUUBLIBLI C WORKS BUILDING DEPARTMENT Keith Bird INIERIDIAN, IDAHO 83642 (208) 587-2.211 - Fax 857.1297 Tammy deweerd (208) 888.4433 - Fax (208) 887.4813 PLANNING AND ZONING Cherie ?-1cCandless City Clerk Office Fax (208) 888.4218 DEPARTMENT (208) 884.5533 - Fax 888.685a 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: November 7, 2000 Transmittal Date: October 47 File No.; AZ 00-020 2000 Hearing nate: November , 2000 Request: Annexation and zoning of 339.73 acres for proposed Keltic Heights Subdivision from Ada County RT to R-4, R-8 and C -N By: Parkland Development Location of Property or Project: west of Meridian Road and south of Chinden Road Sally Norton, P/Z ,. c, �__..,: Kent Brown, P/Z - X0100 KA (No FP) Thomas Barbeiro, P/Z Meridian Post Office (FP/PPC,w Richard Hatcher, P/Z Ada County Highway District Keith Borup, P/Z Community Planning Assoc. Robert Corrie. Mayor -Central District Health _ Nampa Meridian brig. District Ron Anderson, C/C Settlers irrigation District Tammy deweerd, C/C Idaho Power Co. (PPy)�PPcn .Keith Bird, C/C �_ U.S. West rFP1PPo„,� __Cherie McCandless, C/C Intermountain Gas(�Pppy�a Water Department Bureau of Reclamation (FplPPad, _Sewer Department l<' Sanitary Service Idaho Transportation Department MoFP) (NC �.�, vn� FPi —Ada County (MneyutloA onhp Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner AL • 2• FP . 27 PP.PFP . , , VARN,CICVP , M R-Ec`vED N 0 V - 3 2000 CITY OF HERIDIAN NOV 03 '00 10:04 2088885052 PAGE.04 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 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: November 7, 2000 Transmittal Date: File No.: AZ 00-020 October 4, 2000 Hearing Date: November 14, 2000 Request: Annexation and zoning of 339.73 acres for proposed Keltic Heights Subdivision from Ada County RT to R-4, R-8 and C -N By: Parkland Development Location of Property or Project: west of Meridian Road and south of Chinden Road Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, CIC Cherie McCandless, C/C Water Department >c Sewer Department Sanitary Service (No vAR, vac, FP) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner AZ -24 FP -23 PPIPFP-24 VARNACICUP-20 Meridian School District (No FP) Meridian Post Office (FPlPPonw Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPlPPonm U.S. West (FPIPP..W Intermountain Gas(FP/PPo„m Bureau of Reclamation (FP/PPonw Idaho Transportation Department (No FP) Ada County (Annexation onlo � cr�D NOV - 1 2000 CITY OF MERIIIIAN ❑ TEN MILE i I i I; i REVISION : BY: MERIDIAN ANNEXATION SHEET 1 OF 1 SECTIONS 34 & 35, T4N, R1 W, BM ^WG N0. SCALE: 34-35ANNEX.DWO BKB 11/14/00 01 10 1 "= 600 RECEIVED N Q v 1 4 2000 CITY oFMERM BRIGGS ENGINEERING, INC. ENGIN RINC BRIGGS ENGINEERS PLANNERS SURVEYORS 1800 W. OVERLAND ROAD - BOISE, IDAHO 83705 4 (208)344-9100 These drawings, or any portion thereof, shall not be used on any Project or extensions of this Project except by written agreement from Briggs Engineering, Inc. REVISION BY: I 00 D MERIDIAN ANNEXATION I 03 SHEET : 1 OF 1 SECTIONS 16 & 17, T3N, R 1 E, BM onTE DWG No. -7scA�E: 16-17ANNEX.DWG BKB 1114/00 0110 1 600' EAGLE JROA BRIGGS ENGINEERING, INC. IqRo ENGINEERS PLANNERS SURVEYORS 1800 W. OVERLAND ROAD ' BOISE, IDAHO 83705 - (208)344-9700 These drawings, or any portion ',hereof, shall not be usea ori any Project or extensions of this Project except by written agreement from Briggs Engineering, Inc. 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 Parkland Development for annexation and zoning of 339.73 acres to R-4, R-8 and C -N zones for proposed Keltic Heights Subdivision for proposed use as a single-family residential and neighborhood commercial generally located west of North Meridian Road and south of Chinden Boulevard. 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 8t' day of January, 2001. WILLIAM, G. BERG, JR., IT CLERK i trirrr�� PUBLISH January 12 and 26, 2001. OF4 w BE.L ��Maes . 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 November 14, 2000 for the purpose of reviewing and considering the application of Parkland Development for annexation and zoning of 339.73 acres from RT to R-4, R-8 and C -N for proposed Keltic Heights Subdivision generally located at west of Meridian Road and south of Chinden Road. 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. 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