The URL can be used to link to this page

Kodiak Development AZ 00-026Position Statement Case No. AZ -00-26 kodi'a.X. Name of Applicant: Hubble Engineering To: Meridian City Council From: Meridian Planning & Zoning Staff I have reviewed the Findings and Recommendations of the Planning & Zoning Commission with which 1 disagree as follows: The following Findings and/or Recommendations should be added: Recommendation / Any future driveway or public street connecting to Meridian Road/SH 69 from this property must be located at the south property line and provide a shared access with the property to the south. Recommendation / A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Meridian Road/SH 69 frontage. Recommendation / A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Meridian Road/SH 69 frontage. Recommendation / 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. Recommendation / 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. Recommendation / 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. Recommendation / 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 the street intersections and/or fire hydrants. Recommendation / Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of property. Dated the day of 52001. Signed: Copy served upon Applicant, Planning & Zoning Department, Public Works Department and City Attorney. Received in the record: _/_/ William G. Berg, Jr., City Clerk kvdiQ,e y -) r• y"�cE�Ej� WHITE PETERSON FEB 0 1 2001, CITY OF �yI.ER,IDIAl�j WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & RQS T; P®N'INr KEVINE. DINQIS CHRISTOPHER S. NYE JuL1E KLEIN F[scHER PHILIP A. PETERSON WM. F. GiORAY, III ERIC S. ROSSMAN BRENT J. JOHNSON TODD A. ROSSMAN D. SAMum JOHNSON DAVID M. SwARTLEY LARRY D. MOORE TERRENCE R. WHITE** WILLIAM A. MoRRow NICHOLAS'-wOLLEN WILLIAM F. NICHOLS* *Also admitted in OR •r Also admitted in WA To: Staff Applicant Affected Property Owner(s) Re: Application Case No. ATTORNEYS AT LAW 200 EAST CARLTON AvE., SUrrE 31 POST OFFICE BOX1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288+2501 E-MAIL: @wPPMG.COM January 29, 2001 AZ -00-026 NA VTA OFFICE 5700 E. FRANKLIN RD., sTE. 200 NAMPA, IDAHO 83687-8402 TEL.(208) 466-9272 FAX (208) 4664405 PLEASE REPLY To MERIDIAN OFFICE 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 yourposition on this application by addressing the R Findings and ecommendations of the Planning and Zoning Commission; and 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 copses 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 trA yours, City ttorney's Office Ivy r BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR KODIAIC DEVELOPMENT BY HUBBLE ENGINEERING Case No. AZ -00-026 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 5.4 acres in size and is located west of Meridian Road 1/2 mile south of Overland Road. The property is designated as Kodiak Development. 74 (o rc), -. 2. The owner of record of the subject property is Jim Jewett, of Boise, Idaho. 3. Applicant is Hubble Engineering, Inc., of Meridian, Idaho. 4. The property is presently zoned by Ada County as RUT, and consists of Residential. 5. The Applicant requests the property be zoned as R-8. 6. The subject property is bordered to the north and west by R-4 residential zoning and subdivisions, to the south by the proposed Valley Shepherd Church, zoned R-8, and to the east by RUT Ada county zoning with a single family residential use and heavy truck parking. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -KODIAK DEVELOPMENT - HUBBLE ENGINEERING 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: a possible planned unit development. 10. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING-KODIAIC DEVELOPMENT - HUBBLE ENGINEERING I-- 1.1 1.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and would allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 1.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Ell-, Run Subdivision. Development of the westerly portion of the parcel would require extension of the future Black Cat Trunk Sewer. 1.3 The proposed R-8 zone and mixed use development concepts would be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 1.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. J 1.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted, p", >,, e ��L, d � �w.. )y 1.6 A condition of the Development Agreement shall be that future development and use of the subject property will occur only through the Conditional Use Permit process. 1.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which will be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that must be extended from Ellc Run Subdivision. The Bear Creek Subdivision lift station will be designed to serve only itself. The lift station will discharge into an existing eight -inch gravity sewer line in Overland Road which will be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer will be monitored and, if capacity is exceeded, they will be required to re-route RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -KODLAK DEVELOPMENT - HUBBLE ENGINEERING 1 the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodial- Z:\Work\M\Mehdian\Meridian 15360M\Recommendations\AZO26Kodiak.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING -KODIAK DEVELOPMENT - HUBBLE ENGINEERING CHS Ada County Highway District Judy Peavey -Derr, President 31 b Last 3 rm atreet Garden City ID 83714-6499 Dave Bivens, 1st Vice President Phone (208) 387-6100 Sherry R. Huber, 2nd Vice President FAX (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@ACHD.ada.id.us David E. Wynkoop, Commissioner January 18, 2001 TO: Shawn Nickel Hubble Engineering, Inc. 701 S Allen St. Suite 102 Meridian, ID 83642 FROM: Christy Richardson, Principal Development Anal st Planning & Development SUBJECT: MAZ00-026 Rezone 2435 S Meridian Road The Commissioners of the Ada County Highway District on January 17, 2001 acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have and questions, please feel free to contact me at (208) 387-6170. Cc: Planning & Development/chron/project file City of Meridian Construction Services — John Edney Drainage — Chuck Rinaldi Jim Jewett 6223 N Discovery Way Boise, ID 83713 t ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MAZ00-026 2435 S. Meridian Road Rezone This application has been referred to ACHD by the City of Meridian for review and comment. The applicant is requesting a rezone from RT to R-4 and annexation into the City of Meridian. The 5.4 - acre site is located on the west side of SH -69 (Meridian Road) approximately '/2 -mile south of Overland Road. This development is estimated to generate less than 500 additional vehicle trips per day depending on the specific use. Roads impacted by this development: SH -69 ACHD Commission Date — January 17, 2001 - 12:00 p.m. 1\9AZOO-0026xiiin, rag Facts and Findings: A. Generallnfonnation Owner — Jim Jewett Applicant — Hubble Engineering, Inc. RT - Existing zoning R-4 - Requested zoning 5.4 - Acres 289 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District State Highway 69 (Meridian Road) State Highway with bike route lane pathway designation Traffic count of 15,262 on 8-24-99 (s/o Overland Road) Better than C -Existing Level of Service Better than C -Existing plus project build -out Level of Service 186 -feet of frontage B. On January 2, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January 5, 2001, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. On July 7, 1999, the ACHD Commission Reviewed and approved Bear Creek Subdivision, a 326 -lot residential subdivision to the west of this site. That applicant was required to construct a stub street to the west property line of the subject parcel. Bear Creek Subdivision has not yet been constructed. D. The parcel to the south of this site is currently undeveloped. The Commission reviewed that site as MAZ00-0018, a rezone from RT to R-8 and annexation into the City of Meridian. ACHD has not approved a development plan on that parcel. The conceptual plan is for a church. E. The applicant intends to develop the western portion of the parcel as single family residential, and a smaller portion abutting SH -69 as a potential office use. F. The applicant should extend the platted stub street at the west property line into the site. Staff does not recommend that the street be extended all the way to SH -69 due to the amount of vehicle trips per day that may use the new roadway as access to SH -69. Staff recommends that when the applicant submits for preliminary plat approval, the stub street be extended into the site and then cul-de-sac to serve the residential uses. The office use could be served by a shared driveway off SH -69 at the south property line. Another alternative would be to extend the stub MAZ00-0026.cmm Faze 2 street into the site for approximately 100 -feet, and extend another street into the site from SH -69. The two streets would not connect except for emergency vehicle and pedestrian usage (see maps). These two alteratives would prevent Cut through traffic, yet extend the stub street fi-om the Bear Creek Subdivision. G. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. H. State Highway 69 is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garz at 334-8340. A Transportation Impact Study (TIS) may be required at the discretion of the Idaho Transportation Department's Traffic Engineer if the proposed development meets criteria presented in ITD's Requirements for Transportation Impact Study, April 1995. A TIS is not required if the development generates less than 25 new peak hour trips on a state highway and the total added volume will be less than 250 vehicles per day. A "full TIS is required whenever a proposed development will generate 100 or more new peak hour trips; or when the total volume expected to be added to the state highway system by the development equals or exceeds 1000 vehicles per day. A "minor TIS is required for developments that will generate between 25 and 99 new peak hour trips or will add from 250 to 999 vehicles per day For further infornlation on the TIS, contact the District Permit Officer, Mr. Nick Brizzi at 334-8341. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. K. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Recommendation to 1TD and City of Meridian: Driveways or public streets connecting to SH -69 should be located at the south property line to provide a shared access with the property to the south. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City County: Site Specific Requirements: NIAZOO-0026.cni P, t _ Comply with requirements of ITD for State Highway 69 fi-ontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. 2. The applicant should extend the platted stub street at the west property line into the site from the Bear Creek Subdivision. Staff does not recommend that the street be extended all the way to SH -69 due to the amount of vehicle trips per day that may use the new roadway as access to SH -69. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identifv each reauirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission. agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All. design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. NlAZ00-0026.cnnn I'n,c 4 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two frill business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Planning and Development Staff January 17, 2001 N1AZ00-0026.cmm Parc RE°Er`'ED JAN 10 2001 CITY OF MERIDIAN PLANNING & ZONING AFFIDAVIT OF POSTING I, Shawn L Nickel, representative of the developer of the proposed Kodiak Development do hereby affirm that the said property has been posted one week before the public hearing. Shawn L. Nickel Acknowledgement STATE OF IDAHO ) ) SS. COUNTY OF ADA ) ON THIS / b 4 day of —JA� . , 200/6' before me a notary public in and for said State, personally appeared Jim Jewett known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. , v +9£,.%N Goa Ifaa0att,1 A C4 00 m J,;. UB L1 Notary Pub is for Id o Residing in /�f? G'�� My Commission Expires: IC" C) 5 C,_Z- Preparing Today's . 0 Students For r Tomorrow's Challenges. os �� P FO91e . Mer`a`°c. SUPERINTENDENT Christine H. Donnell December 20, 2000 h joint School District No. 2 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Dear Planners: 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: Kodiak Development -Annexation and Zone Change Elementary School: Mary McPherson Elementary School Middle School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary School is over capacity. Lake Hazel Middle School is at capacity. Meridian High School is over capacity. At this point the school district is dealing with growth by providing portable classrooms. With the passage of the General Obligation Bond on September I 91 a new high school will soon be under construction. Sincerely, Wendel Bigham, Supervisor of Facilities and Construction WB:gr MAYOR ~ HUB OF TREASURE VALLEY ^ Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL 12081 288-2501 CITY OF MERIDIAN 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 'T' �J,ANNING AND ZONING Cherie McCandless EcR ARTMENT City Clerk Office Fax (208) 888-4218 1K�1 �/R5133 (208) • Fax 888-6854 DEC 19 2000 OF �� DIAN �C"I�TY TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVf8 iAI hVJECTS 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: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: AZ 00-026 Request: Annexation and Zoning of 5.4 acres from RT to R-4 for a Planned Unit Development for proposed Kodiak Development By: Hubble Engineering Location of Property or Project: Meridian Road and Overland Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department Your Concise Remarks: City Attorney City Engineer _5CC City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department � CITY OF MERIDIAN Planning & Zoning Department 200 E. Carlton Ave., Ste. 201, Meridian, ID 83642 (208) 884-5533 / (208) 888-6854 Faxo Vim`-�+-,lu�ilV11 till" vivuv UKR-ELPINE APPLICATION (RE: Meridian Zoning Ordinance— Section 11-15 and 11-16) O �� PROPOSED NAME OF PROJECT/SUBDIVISION: KODIAK DEVELOPMENT ADDRESS, GENERAL LOCATION OF SITE: 2435 S. MERIDIAN RD. O�Q'lad TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): RESIDENTIAL oe ACRES OF LAND IN PROPOSED ANNEXATION/REZONE: 5.4 PRESENT LAND USE: RESID PROPOSED LAND USE: RESIDENTIAL/PLANNED UNIT DEVELOPMENT PRESENT ZONING DISTRICT: RUT PROPOSED ZONING DISTRICT: R-8 APPLICANT: HUBBLE ENGINEERING INC. ADDRESS: 701 S. ALLEN ST. SUITE 102 MERIDIAN IDAHO 83642 PHONE: 322-8992 FAX:378-0329 E-MAIL: ENGINEER, SURVEYOR, PLANNER:SHAWN L. NICKEL PROJECT PLANNER HUBBLE ENGINEERING INC. ADDRESS: 701 S. ALLEN ST. SUITE 102 MERIDIAN IDAHO 83642 PHONE: 322-8992 FAX: 378-0329 E-MAIL: OWNER(S) OF RECORD*: JIM JEWETT ADDRESS: 6223 N. DISCOVERY WAY BOISE IDAHO 83713 PHONE: 866-574 AX: E-MAIL: I have read the information contained herein and certify the information is true and correct. Signature of Applicant *Annexation may require entering into a development agreement as a condition of annexation. Current owner(s) must Rev. 10/26/00 •��GW 0 HUBBLE ENGINEERING, INC. 7 Ir 701 S. Allen St., Suite 102 . Meridian, ID 83642 208/322-8992 . Fax 208/378-0329 December 01, 2000 Meridian City Council City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 RE: Kodiak Development—Annexation and Zone Change Dear City Council; Please accept our application for annexation and rezone of the property located at 2435 S. Meridian Road in Meridian, Idaho, on the west side of Meridian Road, '/z mile north of Victory Road, Section 24, Township 3 North, Range 1 West of the Boise -Meridian. The property contains 5.4 acres. The request is for annexation from Ada County to the City of Meridian and a requested zone change from RT (Rural Transition) to R8 (Medium Density Residential). Currently, the property contains a single family dwelling with vacant pastureland. The requested R8 zoning designation provides for single-family dwellings with a maximum density of 8du/acre with connection to the Municipal water and sewer systems of the City. The applicant intends to develop the property as a Planned Unit Development that will utilize the allowance of a density bonus. This will allow reduced residential lot sizes and the ability to have multiple uses. Although an R8 zone is being requested, the property will be developed to an R4 comparable density of 4 du/acre. An R4 density would make this development compatible with adjacent R4 zoning districts, while the R8 zoning designation would provide for a more diverse housing type that is lacking in the general area. The developer agrees to enter into a development agreement with the City regarding the desired density. A zone change on this property is desirable because it would allow for continued growth of the City and its existing services. This growth would be in compliance with the intent of the Comprehensive Plan. Specific Comprehensive Plan policies that support the requested zone change include Land Use Residential Policies 2.1U (Variety of residential categories with affordable housing opportunities), 2.3U (enhance quality of life for residents), 2.4U (Sidewalks/pavement), and 2.5U (Compatible infill), in addition to Housing Policies 1.1 (Diversity of housing), 1.7 (Connection to services), 1.17 (Implementation of Planned Development methods), and 1.18 (Planned Development methods and standards). Included in this application for annexation and rezone are three (3) conceptual plans for the City's review and consideration. The developer would like to understand the City's desires for this area before proceeding with a Planned Unit Development. Concepts 1 and 2 include a design for patio homes and town homes, a recreational area including a tennis court and park, an RV storage for the surrounding community, and a non- residential use along Meridian Road. Concept 3 would include a straight subdivision with the non-residential use along Meridian Road. All proposed uses would be permitted within the R8 zoning district under the PUD process. In all, we feel that this development will be a desirable fit into the overall plan envisioned by the City of Meridian for this area. Our request meets the intent of the Meridian Comprehensive Plan for development. Sewer and water are located adjacent to the site and will be provided to the development. The developer has met with the City Engineer regarding sewer service. We look forward to working with you and your staff and request approval of what we believe to be a quality project. If you have any questions, please do not hesitate to contact me at 322-8992. Sincerely, i , Y,' ` / - ` Shawn L. Nickel, Project Planner Representing Jim Jewett �u 00 N 01'01'59• E 159.90' T I i f 1 O I 1 I N l l l�— ak� a a �� O 0 fz _ ua -- S a i 1 I I J y Qct O N O x 73 2r q g O - s O 8 • O q $ O " O q 8 q � � R � •I s � J y Y a 8 ff Nx z -D+ m 0 v9 I ;0 mm I i�---------------- on'. --------- ----�{-------- — -- mmn 0 -50035']7• W 190.1]' m. Z 4,at MERIDIAN ROAD ASN 37 ., Z<44 _ n Y F - --__ 2m NEFj, 91FLL _10 NUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 . Meridian, ID 83642 208/322-8992 . Fax 208/378-0329 Project No. 0027500 November 29, 2000 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION JEWETT-MERIDIAN PROPERTY A parcel of land located in the NE1/4 of the SE1/4 of Section 24 T.3N., RAW. and the NW1/4 of the SW1/4 of Section 19, T. 3N., R.1 E., B. M., Ada County, Idaho more particularly described as follows: BEGINNING at the 1/4 corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00'55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East , 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02°00'09" West, 191.70 feet; thence North 89°04'23" West , 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01 West, 1217.23 feet to a point on the West boundary line of the NE1/4 of the SE1/4 of said Section 24; thence along said West boundary line North 01'01'59" East, 159.90 feet; thence leaving said West boundary line North 45'55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. CC` MAN PUBLIC WORKS Prepared by: HUBBLE ENGINEERING, INC. 29 ATF 0 F `�p� �G.CP Gregory G. Carter, P.L.S. J:\Projects\Jewitt-Meridian(00-275-00)\Documents\GGC-Jewett-MeridianAnnex.doc I O ~D Uti zm = o J L pz Onl -----_ ----- m / O N 07'01'59' E 159.90' \ -_.---- ------- m O p Z rr O A O coz N = R_ p l — o> m Z� �94 I O ~D Uti zm = o J L pz Onl -----_ ----- m 1^mO c � -a Z n -_.---- ------- m O p Z rr O A O coz N = R_ p l — o> m Z� �94 D n O� A Qa� RE g MERIDIAN ROAD n a x J L 8 � x lice l�-�eee 1b;jj NUBBLE ENGINEERING 2e8 J'(b W�j -IN r..� AFFIDAVIT OF OWNER. STATE OF IDAHO ) ) ss COUNTY OF ADA ) I, as the titled owner of record, William O. Aaron, authorize Jim Jewett and Hubble Engineering, Inc- as duly authorized members to request an annexation and zone change on my 5.4 acre parcel on West Meridian Rd. and North of Victory Rd. in Meridian, Idaho. The metes and bounds legal description for the above parcel(s) is a part of this application packet for the Kodiak Development. ated. V;�' illiam O.Aaron Owner Subscribed and sworn to before me a notary public in or the State of Idaho.. 7:\PrcjecbUcwi�x-Merv!Ian(00-275.00)\DocluuaH6\AFF(DAVCf OF UWt'1RR, Aanu�.Joc NotarIc y Pu is \ �1 � Y j; •.+, Residing at �,.� :' titi•'"°°°•+; �� Commission Expires e S7 e° +i •e •ems r e � ✓L�. 1J—G�1✓Jt:1 HUbbl-t tNU 1 NttN 1 NU re-record to co t legal description P-72429 ^ CMvTE£S HAVE READ AND APPRC%U, , JUb J (t7 YJJG7 t-. JJi JJ 1�?td;ildlaGlltl�+`rtf?t.ESk141J�1LS1o�775'3bC'>1A�61Gilb��b�r, ..�0'>✓y3t7.i1<+�ll�.S3•d�!d�' WA.RR.ANTX DEED 95 .5616 fu.'vt:cor� FOR VALUE RIECEIVED j JOA,y G. WINDOM, an untlarrt" womAn, on and since Januazy 17, 1985, 830 801 r Thr, (;rentor, does hereby gran[, hargoin, jell and convey unto WILLIAM 0. MRON ttnA JOAN L• MRON, husband and wife, the Grantee S ,whonc;uldresxis _,-A3e SOUTH MERIDIAN RD. MERIDIAN, IDAHO 83642 the following described Pnrni-A, to -wit: of Sccclon 21, = A par,-cl of land located in the Northeast quarter SouthCAAC quartcr Township 3 Norch, Knnge 1 West of the Boise-tieridian, Ada County, Idaho, more paY- ticularly describer] a: follo'J�— � Beginning aC the Easterly quarter section corner of Section 24, Township 3 North, S ianp,e 1 West, Bois0-'icrid'lan: thence 4 South along the Easterly raid section line 198,40 feet to, a atcol pin: thence North 97008' West 97.40 Laet to a steel pin.' thence North 8905£ " '30Nest to the Westarly boundary lino, of. said Northeast quarter, Southeast quarter; thence Southeast quarterr �A North along the Westerly boundary line of. said No>thesr, quartet, ;y1 to the, North bounAary line of slid Norcheasc qunrter, eecionsoutbesst toqllthe thence south R905A'25" Fast along+ the mid -Section line of said Seecion Z6 to thtt Easterly •,'t, quartcr section corner of said Section 2o,,, the POINT OF 3EC+INNING--. t 5 EXCEPT Beginning at the Northwest corner of ecelNWetteca8'igtQaNeridter Lnnof ehthenea east quarter of `vection 24, Totmship 3 North, panglint on the North boundary r SOUtl1 28.3 f,ec�; thence in a Norehensterly direction to a pf 2.3 line of, said Northeast quarter of Southecrt quarteeha distance SoutheastoquaBcer;ethencem the Northwest corner of said Northeast qu9rCer of Uest aloe; the North boundary line of said Nerthczst quarter of the Southeast quartcr to the POINT OF DErINNSN( 're PUt (41%'( �r l,'un )yf+L^Q�- ✓� �( TO HAVE .TND TO HOLD the said premisex, with their nppurtcnanccs unto the s.id Grantees , heirs and assigns forever. And the ca,d Crtn(or do es hereby covenant to i3 their is the Owner in fee simple of Said premtsas: that y and with the said Grantees . [hat :ho, 4aid premises are free from �Il eneumbranccs except reservations of record, canamcncs of Ct record, Fcner2l ti:ces and irri�ition assessments for the year 1985, and subscauct:t S years, which are not yet dun incl payable; 2-v F Co rd Ada tbunty. Idaho. and that s ha will warrunt and defend the same from all lawful dAimg wha[aacver. R,>7,x�t of r Dated: July 18, 1985 DA f o P N T= (O - (S �� _ cTL7ti•• 1JitiD07S --�--.,—.--- — i, 0•i c24� ACKNOW LEI)GMEA(C • IndiviAualhereby OF 1DAFt0, COUNTY OF /I lVd-- certUj that this (natrurnent WAe (ltd for rvcOrd FSTATr, Y requ-or TI LECO.y—rATF. OF—?�Pt�---. County of _ A��.-- . asPIONEER J�-�9. T ,in On tbig _ ny f �lY-- -- C Thi. /`!� day of .r.-` J la[,5•tnmyoffice,anddulyrerotdedinDxk K) LlteyClra(_19R5_.•,beforeme,Cjl_.— - •r' _ " a notary public, of Deeda at ° f BAS_un>LD,rJJ prrantral�','o�,p�;�ed' uIl2D1�..�-L-K;FaY1Z4�� • known or ,.. •,,., .<` idrniTrivir 4��<,(n�ejh��+rMo!*�="'hrnennme_-tri— Icdccd w Bx.0fficie oder - �au1Z crib�d t,jlhq w thi,t,notrument, and nekno• ( 8 "•ems t+ y 1„e tJ M1t��e_ t-srUki thc'Oamc. t/ ` Debut C, Fell S RrcidIng. r �t. ' _ ex ire: s % ptoNEfifl ?t P TITLE COMPANY ti ADA COUNTY commission / O(: eZ1 W, state Slrmt = ' •.,'.%. aai,,O. IArnO 037D2 — 206 330 '6700 S ittp,escndn6 lcerTRk- Inluronee Company' . _ _ _...,,..,..,.evx �.: •Yd'd� :,V 'r r it i ,�Y i!2 t�i l�f 1 (i� 1� t 1 C. ;IMERCIAL/INVESTMENT REAL _03TATE 12r 2 REALTOR® PURCHASE AND SALE AGREEMENT "" iu','iiv 3 THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, READ THE ENTIRE DOCUMENT, INCLUDING THE eo.e. 4 GENERAL PRINTED PROVISIONS AND ATTACHMENTS. IF YOU HAVE ANY QUESTIONS BEFORE SIGNING, 5 CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 ID# 4993 1. REAL ESTATE OFFICES: Listing Agency Wright Patterson Listing Agent Name Al onzo Mi 11 e r Phone # (Office) 888-9804 (Home) 888-9248 2. REPRESENTATION CONFIRMATION: DATE 08/03/00 Selling Agency John L Scott Selling Agent Name James L Jewett Phone # (Office) 888-6978 (Home) 866-5747 In this transaction, the Brokerage(s) involved had the following relationship(s) with the BUYER Cagent" or "nonagent" or "limited dual agent"): Listing Broker acted as a(n) Non -agent For the Buyer. Selling Broker acted as a(n) For the Buyer. In this transaction, the Brokerage(s) irrvolved had the following relationship(s) with the SELLER ("agent" or "nonagen' or "limited dual agent"): Listing Broker acted as a(n) For the Seller. Selling Broker acted as a(n) Non-aaent For the Seller. Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure brochure and has elected the relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. Each party signing this document understands that the above confirmation DOES NOT create an agency relationship between the Broker(s) and the BUYER(S)/SELLER(S) and they are a CUSTOMER and NOT REPRESENTED by a Broker UNLESS there is a SEPARATE signed written agreement as required by Idaho statute to create that relationship. 3. BUYER: James L Jewett, Doug Olson and /or Assigns (hereinafter called "BUYER") agrees to purchase and the undersigned SELLER agrees to sell the following described real estate hereinafter referred to as "Property." 4. PROPERTY ADDRESS AND LEGAL DESCRIPTION: The Property commonly known as 2435 s. Meridian rd. County of Ada ,Idaho legally described as: Tba City of Me ri din n 5. PRICE/TERMS: Total Purchase Price is Two hundred thousand Dollars ($ �. a)$A11 cash cash down payment, b) $ Balance of the purchase price to be paid as follows:including Earnest Money deposit. 6. tAKNEST MONEY: a) Buyer hereby deposits as Earnest Money and a receipt is hereby acknowledged of One thousand Dollars ($ 1.000.00 ). Evidenced by: ❑ Cash ® Check ❑ Cashier's Check ❑ Note or b) Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held by John L Scott for the benefit of the parties hereto. The responsible Broker shall be Bob Bass INCLUDED ITEMS: All attached floor coverings, attached television antennae, satellite dish(es) and receiving equipment, attached plumbing, bathroom and lighting fixtures, window screens, screen doors, storm windows, storm doors, window coverings, exterior trees, plants or shrubbery, water heating apparatus and fixtures, attached fireplace equipment, awnings, ventilating, coding and heating systems, built-in and "drop-in" ranges (but excepting all other ranges), fuel tanks and irrigation fixtures and equipment, and any and all, if any, water and water rights, and any and all, if any, ditches and ditch rights that are appurtenant thereto that are now on or used in connection with the premises shall be included in the sale unless otherwise provided herein. Other items specifically included in this sale: Items specifically excluded in this sale: B Seller aclmovvledge r eipt of c of this ich constitutes P e of 3 Pages. BUYER's Initials �� Date 3— SELLER Initial ' pate 3 This form is printed and distribut Idaho Association of REALTORS®, Inc. / Ada C Association of REAL ORS®, Inc. This form has been designed for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS& USE BY ANY OTHER PERSON IS PROHIBITED. CopyrighQ Idaho Association of REALTOR&C , Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. C -RE 21 revised August 1999 Page 1 of 3 BROKER: John L SCott Boz AGENT: Jim 7ewett SIN: W10-6347 Prinled sMOPCFORMatlon' SoRworo, v. 0/09 73 PROPERTY ADDRESS: c c M^ a r 74 I D# A293 75 8. ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES: The closing of this transaction is contingent upon written satisfaction 76 or waiver of the folkwving conditions: 77 Annexation and a oroval of a reliminary plat by city of Meridian by 12-31-00 for a residental Plat acceptable to 78 Buyers. 79 80 81 82 83 84 Buyer will have until j2-31-00 to satisfy or waive all conditions and/or contingencies. 85 9. TITLE COMPANY/CLOSING AGENCY: a) The parties agree that Transnati on Title Company shall provideany86 Title Policy and preliminary report of commitment. b) The Closing Agency for this transaction shall be NanCi Bost du Each y required 87 pay one-half of the Closing Agency's fee. party agrees to 88 10. TITLE INSURANCE: ❑ BUYER ® SELLER to pay for a standard Owner's or Purchaser's Title Policy premium in this transaction. Purchaser's 89 Extended Coverage Title Policy requested ❑ Yes ® No. Additional premium to be paid by BUYER SELLER. Title Company to provide all parties 90 to this Agreement with a preliminary Title Report on or before 9-1-00 Buyer shall have until 9-13-00 to object in writing to the 91 condition of the title as set forth in the report. In the evert Buyer makes written objection to the title, Seller shall have a reasonable time, not to exceed 92 10 business day(s), to cure any defects of title or provide affirmative Title Insurance coverage. Buyer may elect, as its sole remedy, to either terminate 93 this Agreement or cure the defects at Buyers expense, or proceed to closing; taking title subject to such defects. If Buyer does not so object, Buyer shall 94 be deemed to have accepted the condition of the title. 95 In the event Buyer elects to temvnate, the Agreement due to unsatisfactory title conditions, Buyer shall be entitled to the return of all refundable deposits 96 made by him but that such return of deposits shall not constitute a waiver of other remedies available to Buyer. 97 The final Tide Insurance policy shall be delivered to Buyer by the Title Company as soon as possible after closing. 98 11. ESCROW/COLLECTION: If a long-term escrow/collection is involved, then the escrow/collection holder shat! be 99 Each party agrees to pay one-half of escrow/collection fees. loo 12. CLOSING DATE: On or before the closing date, Buyer and Seller shall deposit with the Closing Agency all funds and instruments necessary to 101 complete the sale. The closing date shall be no later than 1-30-01 102 are either recorded or ac "Closing Date" means the date on which all documents accepted by an escrow/collection agency and the sale proceeds are available to Seller. 103 13. POSSESSION/PRORATION: Buyer shall be entitled to possession on the day of closing or 104 water assessments (using the last available assessment as a basis ,rents, insurance Taxes and 105 assumed and utilities stall be ) premiums, interest and reserve on liens, encumbrances or obligations prorated as of the day of closing or Any tenant deposits held by Seller shall be 106 credited to Buyer at closing. 107 14. DEFAULT: If Buyer defautts in the performance of this Agreement, Seiler has the trt or r option: (1) accepting the Earnest Money as liquidated damages 108 or (2) pursuing any other lawful rig remedy o which Seller may be entitled. If Seller elects to proceed under (1), Seller shall make demand upon the 109 holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by Sellers Broker on behalf of Seller 110 and Buyer related to the transaction, including, withal limitation, the costs of title insurance, escrow fees, credit report fees, inspection fees and attorneys 111 fees; and said holder shall pay any balance of the Earnest Money, one-haff to Seller and one-half to Seller's Broker, provided that the amount to be paid 112 to Sellers Broker shall not exceed the Broker's agreed to commission. Seiler and Buyer specifically ac 113 the Earnest Money as liquidatedsoleand exclusive Y le1such hall and agree that if Seller elects o accept 11 d Seller elects to proceed under (2), ft hold of the Earnest M loney shall be entitled o p costs incurred by Sellriot ers Broker on behalo Sellety or fandeituBuyer 115 related to the transaction, including, without limitation, the costs of Brokerage fee, title insurance, escrow fees, credit report fees, inspection fees and 116 attorneys fees, with any balance of the Earnest Money to be held pending resolution of the matter. If Seller defaults havinga 117 to consummate the same as herein agreed, Buyers Earnest Mone approved said sale and fails 118 escrow fees, credit r fees, ins Y deposit shall be returned to him/her and Seller shall pay for the costs of title insurance, report inspection fees, Brokerage fees and attorney's fees, if any. This shall not be considered as a waiver 119 lawful right or remedy to which Buyer may be entitled. by oyer of any other 120 15. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings which are in any way connected with this 121 Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorneys fees, including such costs and 1.22 fees on appeal. 123 16. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of this contract, Buyer and Sever agree that in the event 124 of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are received by 125 the holder of the Earnest Money and things of value, Broker or closing agency shall not be required leo take any action but may await arty proceeding, or 126 at Brokers or closing agencys option and sole discretion, may interplead all parties and deposit any moneys or thi 127 jurisdiction and shall recover court costs and reasonable attorneys fees. ^gs of value into a court of competent 128 17. TITLE CONVEYANCE: Title of Seller is to be conveyed by warranty deed or 129 insurable except for rights reserved In federal patents, building or use restrictions, build and zoni deed, s is to be of any governem etat�mental l unit, and 130 rights of way and easements established or of record and 131 18. RISK OF LOSS: Should the Property be materially � other 1�' encurrbrances °r defects reputations and ors approved by Buyer- 131 y damaged by fire or other cause prior to closing, unless Buyer has taken possession prior to closing 132 by Agreement, this Agreement shall be voidable at the option of Buyer, 133 134 B Setter aciviowiedge 135 BUYER's Initials �� Date r of of this page' h c e$ of 3 Pages , oa 136 �r3— SELLER'S I s pe{e 137 This form is printed and distnbuted the fb Association of REALTORSO, Inc. /Ada C Association of R TORS(5, Inc. This form has been designed 138 for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association 139 of REALTORS& 140 USE BY ANY OTHER PERSON IS PROHIBITED. 141 Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. 142 C-RE 21 revised August 1999 143 Page 2 of 3 BROKER:)onn L Scott 801 AGENT:3im 7ewett S/N: W10-6347 Panted using pcFORMS tlonTM'Soft were, v. 9/99 144 PROPERTY ADDRESS: 2115_&— ew 'ate 145 146 19. CONDITION OF PROPERTY AT CLOSING: Buyer agrees to purchase the Property in as -is -condition, where is, with all faults. Buyer 147 assume all obligations with respect to the Prowall Property. Seller shall maintain the Property until the closing in its present condition, ordinary wear and tear 148 excepted, and loss by casualty. The heating, ventilating, air conditioning, plumbing, eievators, loading doors and electrical systems shall be in present 149 operating order and condition at the time of closing, unless otherwise agreed to in writing. 150 20. INSPECTION: Buyer hereby acknowledges further that Buyer has not received or relied upon any statements or representations by the Broker or 151 Broker's representatives or by Seller which are not herein expressed. Buyer has entered into this Agreement relying upon information and knowledge 152 obtained from Buyer's own investigation or personal inspection of the Property. 153 21. ADDITIONAL PROVISIONS: Additional provisions of this Real Estate Purchase and Sale Agreement, if any, are attached hereto by an Addendum 154 consisting of page(s), 155 22. NOTARY PUBLIC: It is recommended signatures be notarized with a notary statement attached hereto. 156 23. ENTIRE AGREEMENT: This Agreement, including any Addendums or exhibits, constitutes the entire Agreement between the parties and no 157 warranties, including any warranty of habitability, Agreements or representations have been made or shall be binding upon either party unless herein set 158 forth. 159 24. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 160 26. ACCEPTANCE: Buyer's offer is made subject to the acceptance of Seller on or before (Date) 08/03/00 and (Time)9 00 P_j1. if Seller does 161 not accept this Agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. 162 26. OTHER TERMS: Buyer is a Licensed r al es a e Agen-t 163 164 165 166 167 168 169 27. BUYER'S I NATURES. 170 ❑ BUYER'S SI NA RES S E TO ATTACHED BUYERS' ADDENDUM(S): (Specify number of BUYER addendum(s) attached.) 171 172 BUYER Signature BUYER Signature 173 174 BUYER (Priaame)es L 7 wet BUYER (Print Name) DOUQ Olson 175176 Date 08 03Time Phone # Date 08/03/00 Time Phone # 177 178 Address Address 179 City State Zip City State Zip 180 28. SELLER'S SIGNATURES: 181 On this date, WVe hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms 182 thereof on the part of the Seller. I/We further ackr a edge receipt of a true copy of this Agreement signed by both parties. 183 184 SELLER'S SIGNATURES SUBJECT TO ATTACHED COUNTER OFFER ❑ SEE ATTACHED COUNTER OFFER 185 SELLER'S SIGNATURES SUBJECT TO ATTACHED SELLER ADDENDUM/AMENDMENT ❑ SEE ATTACHED ADDENDUM/AMENDMENT 186 ❑ SELLER'S SIGNATURES SUBJECT TO ATTACHED "SELLERS RIGHT TO CONTINUE TO MARKT PREMISES" ADDEN[�I.ICA 187 _( \ 188 SELLER Signature 189 / 7` SELLER Signature 190 SELLER (Print Name) T5 t SELLER (Print Name) 191 192 Date 08/03/00Date 08/03/00 Time q,, qSR", 193 Time 194 Ad ss 12 3 S s M \d1 �^ Address 195 City. PhftMState �b Zip City State Zip 196 Hm. . Bus. Ph. Hm. Ph. 197 Bus. Ph. 198 29. BUYER'S ACKNOWLEDGMENT OF ECEIPT OF FINAL COPY BEARING ALL SIGNATURES: 199 A true copy of the foregoingZj ned by t SELLER and containing the full and 200 Date n9 conOete description of the prernises, is hereby received on Time 201 202 BUYER:3ames L JewetBUYER:Doua Olson 203 204 ella krawied r this pageh constitutes a of 3 Pa205 BUYER'S ate SELLER'S I ials pie 206 207 This form is printed and distriho Association of REALTORS®, Inc. / Ada County sociation of REA TORS®, Inc. This form has been designed 208 for and is provided only for use by rel estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association 209 of REALTORS& 210 211 USE BY ANY OTHER PERSON IS PROHIBITED. 212 Copyright Idaho Association of REAL'1 ORS®, inc. / Ada County Association of REALTORSO, Inc. All rights reserved. 213 C -RE 21 revised August 1999 214 Page 3 of 3 BROKER: John L Scott B02 AGENT: Tim 7ewe-,t S/N: W10-6347 Printed using pcFORMeUon soRwer v 9/99 AFFIDAVIT OF OWNER STATE OF IDAHO ) ) ss COUNTY OF ADA ) I, as the titled owner of record, Jim Jewett authorize Hubble Engineering, Inc. as an authorized member to request an annexation and zone change on my 5.4 acre parcel on West Meridian Rd. and North of Victory Rd. in Meridian, Idaho. The metes and bounds legal description for the above narcel(s) N a nart of this application packet for the Kodiak Dated: Subscribed and sworn to before me a notary public in and for the State of Idaho. C -4R` aw'`70 eeN�eeeLu sdo+ O . ��'[' ARI' AUBL' G s 00 �" eee '�i °ewee�e w a °ppIilnseem° J:TrojectsVewittiMeridian(00-275-00)Qocuments\AFFIDAVIT OF OWNER.doc Nota Public Residing at Z-),�2� C, j 0 --- Commission Expires 90.0 z�7, D(� Sent By: ; QUEENL.AND ACRES INC: 1032 E CAYMAN DR MERIDIAN ID 83642-6661 S MER4DIAN STODDARD BEAR PREEK LLC 6223 N1 DISCOVERY WAY STE 100 BOISE,! Ill 83713-0000 2370 S STODDARD RD DEVELOPMENT COMPANY Tl*-, 1903 S GULL COVE PL MER11., IAN ID 83642-6574 S GULF. COVE PL FITZGERALD JAMESON & FITZgERALD JUANITA 2315 S .GULL COVE PL MERIDIAN ID 83642-6591 i GEIS ADAM P & GrT.S "FRLY S 2302 S,G ULL COVE PL MERII5IAN ID 83642-0000 SMITH LAURI L 2318 S GULL COVE PI, MERIDIAN ID 83642-0000 AARON WILLIAM O & AAR0N JEAN L 2435 S MI?RIDIAN RD MERIDIAN ID 83642-6543 VALLEY S11 EPHERD CHRCH 831 E 01ST ST MERIDIAN ID 83642.0000 2475 S MERIDIAN RD 208 888 6854; Nov -16-00 4:35PM; LARRF.A JOSE i & LAMA JANICE E 100 ROSALYN CT MERIDIAN ID 83642-6602 LARRI?A JOSE, RAMON 105 ROSALYN CT MERIDIAN ID 83642-6603 Page 2/3 Oefl L CSY. - 2U8 dbb bdt4; NOV-ld-UU 4:J5t-M; rage j/j iE I I I...= I, Jim Jewett the developer of the proposed Kodiak Development do hereby affirm that the said property will be posted one week before tf eepublic hea:in pr_ Jewett Acknowledgement STATE OF IDAHO ) ) SS. COUNTY OF ADA ) ON THIS / day of 2000, before me a notary public in and for said State, personally appeared Jim Jewett known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Nota Public for Idaho Residing in �p��-e Jd _Zr My Commission Expires: /D 'oQ . -- �oc( r CITY Oi MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer's Order No. Date 4--� —� Name Jim jeI ,-,' Address Phone: SOLD BYC.O.D. CHARGE ON ACCT. MDSE, RETD.I PAID OUT F/7ir/W 7 ZJ, L I -t-,j y - G /L I I I I I I I I I I I 1 I I I I I L� I I I I I All claims and returned goods MUST be accompanied by this bill. TAX 0012417 Byceived TOTAL GS -202-2 gyp/ PRINTED IN U.S.A. r r, 13. After the property has L i posted the applicant shall deliver to the —. ning Administrator a notarized statement that he has posted the property and the date the posting was placed. City of Meridian ANNEXATION/REZONE Application Checklist (Incomplete applications will not be processed) Applicant: HUBBLE ENGINEERING. INC Project: KODIAK DEVF,T.0PMFNT Submittal Date: 12/01/2000 Application Completion Date: /�_/_�C Hearing Date: (� /_ / � P&Z/CC Item No. Description Comments 1. Completed and signed Annexation/Rezone Application X 2. 3. Warranty deed��: Notarized consent of titled property owner(s) X X 4. Legal description _ , 5 A statement describing the characteristics which make zoning See letter of amendment desirable. intent A statement outlining the necessity of desirability of development 6. pertaining to the zoning amendment and harmony with adjacent See letter of development intent 7. A statement of how the proposed zoning amendment relates to the See letter of City of Meridian Comprehensive Plan - cite policy numbers. intent 8 One (1) map at a scale of F= of the property concerning the zoning amendment. X 9. One (1) copy of a vicinity map at a scale of 1 "=300' X 10. List of property owners within 300' X A fee: Less than 1 acre - $400.00 11. Over 1 acre - $400.00 + $15.00 for each additional acre X Mailings - $0.33 per notice; then multiply by two (2) 12. Property posting affidavit X L 13. Notarized statement that the property was posted (to be submitted after posting) 3 Rev. 10/26/00 ti r 1&01DL41i-DEVE1,01pMENT APPLICATION FOR ANNEXATION AND ZONING CHANGE Submitted to: City of Meridian Developer: Jim Jewett Submitted by: Hubble Engineering, Inc. 701 S. Allen St. Suite 102 Meridian, Idaho 83642 December 1, 2000 Project No. 0027500 CITY CLERK FILE CHECKLIST Project Name: Kodiak Development Contact Name: File NO. ,,Z 00-026 Shawn Nickel Phone: 322-8992 Date Received from Planning and Zoning Department: Planning and Zoning Level: December 18, 2000 0 Transmittals to agencies and others: Hearing Date: January 18, 2001 0 Notice to newspaper with publish dates:�eCember 19, 2000 Certifieds to property owners: 29 -Dec -00 and 12 -Jan -01 Planning and Zoning Commission Recommendation: DeCember 29, 2000 Notes: E Approve ❑ Deny City Council Level: ❑f Transmittals to agencies and others: 0 Notice to newspaper with publish dates: Certifieds to property owners: City Council Action: ❑ Notes: Hearing Date:y ,\ Z and 2 i ®f' Approve Deny Findings / Conclusions / Order received from attorney on: 27 - 7;;, -/) ( Findings / Conclusions / Order: EJ Approved by Council:�7 a � l Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ElPublished in newspaper: ❑ Copies Disbursed: Resolutions: Original Res / Copy Cert: Minutebook Copy Res r Copy Can. City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / Original Can: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Coders City Attorney City Engineer City Planner Project fila: Applicant (if appl.) Findings / Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney Record Vacation Findings •' Recorded Devebpment Agreements; OrginatFireproof File Copies to:Appkcent Project file City Engineer City Planner City Attorney MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live CI LEGAL DEPARTMENT (208) 288-2499 CITY COUNCIL MEMBERS i�Y OF MERIDIAN • Fax 288-2501 Ron Anderson Keith Bird ` 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Tammy deWeerd MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PRO WITH THE CITY OF MERIDIAN PROJECTS 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: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: AZ 00-026 R ewest. Annexation and Zoni Development for proposes By Hubble Engineers Location of Property or Project: Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z --.Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C --_ Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department _ City Attorney City Engineer of 5.4 acres from RT to R-4 for a Plannprl i i.,af Kodiak Develo nt rnunailan Koad and Overland Road Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) ___Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 CITY OF MERIDIAN Planning & Zoning Department 200 E. Carlton Ave., Ste. 201, Meridian, ID 83642 (208) 884-5533 / (208) 888-6854 Fax ' (RE: Meridian Zoning Ordinance ` Section l 11AP - 15 and IA16) PROPOSED NAME OF PROJECT/SUBDIVISION: KODIAK DEVELOP ��` MENT t 0�, ADDRESS, GENERAL LOCATION OF SITE: 2435 S.1MIERIDIAN R. er�0�j TYPE (RESIDENTIAL, INDUST �fr�d RIAL, COMMERCIAL): RESIDENTIAL ACRES OF LAND IN PROPOSED ANNEXATION/REZONE: 5.4 PRESENT LAND USE: RRgrr)PKT-r,,,, PROPOSED LAND USE: PRESENT ZONING DISTRICT: RUT PROPOSED ZONING DISTRICT: APPLICANT: ADDRESS UNIT INC. PHONE: 322-8992 FAX:378-0329 E-MAIL: ENGINEER, SURVEYOR, ADDRESS: 701�EN ST - - "` .•.1;1. u�r�v 1UAH0 83642 PHONE: 322-8992 FAX: 378-0329 E-MAIL: OWNER(S) OF RECORD*: JIM JE ADDRESS: 6223 Y WAY BOISE IDAHO 83713 PHONE: 866-5747 FAX; E-MAIL: I have read the information contained herein and certify the information is true and correct. Signature of Applicant *Annexation may require entering into a development agreement as a condition of annexation. Current owner(s) must Rev. 10/26/00 •��G\NEF9 • r,, HUBBLE ENGINEERING INC. 701 � S. Allen St., Suite 102 . Meridian, ID 83642 208/322-8992. Fax 208/378-0329 December 01, 2000 Meridian City Council City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 RE: Kodiak Development—Annexation and Zone Change Dear City Council; Please accept our application for annexation and rezone of the property 1 Meridian Road in Meridian, Idaho, on the west side of Meridian Road located at 2435 S. Victory Road, Section 24, Township3 North � �z mile north of Property contains 5.4 acres. The request is foraannexationRange froest m Ada Che ount Boise -Meridian. the The Of Meridian and a requested zone change from RT (Rural Transition to County to the City Density Residential). Currently, the property contains a single family d vacant pastureland. ) R8 (Medium y welling with The requested R8 zoning designation provides for single-family dwellings maximum density of 8du/acre with connection to the Municipal water and sewer s with a of the City. The applicant intends to develop the property as a Plannedsystems Development that will utilize the allowance of a density bonus. This will allow rUnit residential lot sizes and the ability to have multiple uses. Although an R8 zone is being reduced requested, the property will be developed to an R4 comparable density of 4 du/acre. An R4 density would make this development compatible with adjacent R4 zoning b while the R8 zoning designation would provide for a mored verse housing districts, is lacking in the general area. The developer agrees to enter into a development ag eemype thaent with the City regarding the desired density. A zone change on this property is desirable because it would allow for continued growth of the City and its existing services. This growth would be in compliance with the intent of the Comprehensive Plan. Specific Comprehensive Plan policies that support the requested zone change include Land Use Residential Policies 2.1U (Variety of residential categories with affordable housing opportunities), 2.3U (enhance quality of life for residents), 2.4U (Sidewalks/pavement), and 2.5U (Compatible infill), in addition to Housing Policies I -I (Diversity ousi 1.7 (Connection to services), 1.17 (Implementation of Planned Development methods), and 1.18 (Planned Development methods and standards). )' Included in this application for annexation and rezone are three (3) conceptual plans for the City's review and consideration. The developer would like to understand the City's desires for this area before proceeding with a Planned Unit Development. Concepts 1 and 2 include a design for patio homes and town homes, a recreational area including a tennis court and park, an RV storage for the surrounding community, and a non- residential use along Meridian Road. Concept 3 would include a straight subdivision with the non-residential use along Meridian Road. All proposed uses would be permitted within the R8 zoning district under the PUD process. In all, we feel that this development will be a desirable fit into the overall plan envisioned by the City of Meridian for this area. Our request meets the intent of the Meridian Comprehensive Plan for development. Sewer and water are located adjacent to the site and will be provided to the development. The developer has met with the City Engineer regarding sewer service. We look forward to working with you and your staff and request approval of what we believe to be a quality project. If you have any questions, please do not hesitate to contact me at 322-8992. Sincerely, Shawn L. Nickel, Project Planner Representing Jim Jewett HUBBLE ENGINEERING, INC. O 701 �S. Allen St., Suite 102 n Meridian, ID 83642 208/322-8992 . Fax 208/378-0329 Project No. 0027500 November 29, 2000 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION JEWETT-MERIDIAN PROPERTY A parcel of land located in the NE1/4 of the SE1/4 of Section 24 T.3N., RAW. and the NW1/4 of the SWI/4 of Section 19, T.3N., RAE., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the 1/4 corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02'00'09" West, 191.70 feet; thence North 89°04'23" West , 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01 West, 1217.23 feet to a point on the West boundary line of the NE1/4 of the SE1/4 of said Section 24; thence along said West boundary line North 01'01'59" East, 159.90 feet; thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. h4CRIDIAN PUBLIC WORKS GCt`1 Prepared by: HUBBLE ENGINEERING, INC. 7290 \ 4p"F OF \gyp G. CP Gregory G. Carter, P.L.S. J:Trojects\Jewitt-Merid ian(00-275-00)\Documen ts\GGC-Jewett-Me rid ianAnnex. doc DEC -15-2000 15:33 HUBBLE ENGINEERING 208 378 0329 P.02iO3 AFFIDAVIT OF OWNER. STATE OF IDAHO ) ) ss COUNTY OF ADA ) I, as the titled owner of record, William O. Aaron, authorize Jim Jewett and Nubble Engineering, Inc_ as duly authorized members to request an annexation and zone change on my 5.4 acre parcel on West Meridian Rd. and North of Victory Rd. in Meridian, Idaho. The metes and bounds legal description for the above parcel(s) is a part of this application packet for the Kodiak Development. ated. Vkharn O.Aaron Owner Subscribed and sworn to before me a notary publicin or the State of Ida . Notary Pu !c 4Zti�1 Y jJ Residing at °"'°• d� Commission Expires _.. _ + • NO, •��r + ° Uz'r • 7Lo Q ° •,moi0000-004a* v +°•s•°•°• or, rfl NA 8114A2100— 1:\FrojegsVcwiu-Meruliali(00-275.00)Vt,mi i,116\AFFIDAVIT OF(AVNP.R, AaaiAvc DEC -15-2000 15:33 NUBBLE ENGINEERING 208 378 0329 t legal descrlption '� re-record t�. .P-72427 GRANTEES HAVE RBAb A41U APPAi �Kdii,cMlGll�'.l�tDGk�Ivf?�S!��k>�ta7Gil�FI0rt7�70E3DS�iD��?�t�iTb4:d1�F1!wld�tbF1�3C1.it�IG. r.lt�b:�ltddi��Gt WARRANTY DEED s5 .566 R, ve(OV, a55�49� FOR VALUE RFC:FIVE1) JOAN r.. WINDOM, an urttl,ascield woman, on and since January 17, 1985, 83 8801 P the does htreby grant, bargain, sell and convey unto WILLIAM 0. MRON and JUAN L, AARON. husband and wife, s ,whosr:uldresz;A _Z435 SOUTH MERIDIAN R0. MERIDIAN, IOAHO 83642 the Crantce the following described I.nmi: c$6, to•wit: hCtett quarter of Section 26� A parcel Of land locnted in the Nortlienst quarter SOut Tovrtsltip 3 North, ltnnac 1 West of the Boise-lgeridinn, Ada County, Idal+o, more pelt titularly described ar follows: Beginning at the E,%stCrly quarter section corner of Section 24, =ownShip 3 North, i',arpe 1 Mast, Boise-*tcridlan; thence South slang the E,lsterly Foil section line 188.40 feet to a atoel pin: thence pin; thence 87008' West 97.40 feet to a steel ncc North 8905£'30" Nest cc the Westerly boundary l,ine of. s�+1d Northeast quarter, Southoast quarter; thence Southeast quarter North along the Westerly boundary line of. said Nortbeast quartet, to the North boundary line Of said Northeast quarter, SouChegSC ao the ; thence South A9p58'25" Fast along+ the mid -Section line of said Section 24 Co the Easterly quarter section corner of said Section 24, the POITTI OF DECINNTNC--. EXCEPT Baginnin8 at the Northwest corner of thelYortheast quarter �tnof `hthenee east quaCt¢r of Soccinn 24, Township 3 North, Rang point on the North boundaty South 2e.3 feet; thence in a Northeasterly direction Co a 1bpCNorthwedtNeornerJofquarter Northeasthqusrteraofethes Southeastdistance oquarcer;ethencc c n, Nest along the North boundary line of sold Ncrthcsst quarter of the Soul ear quarter to the POINT OF DECINNINC! ,CC e0t R^K Q'oe't;on lylrla I t f0 HAVE AND TO h 0 sp the and ava �n.5 forever. Aral hLither a d Crpurtan or es udooes e s hereby covenant to t their is the owner in fee simple of said premises: that F and with the said Grantcrs . th:u :ht n:titl premises are free from ill eneum6r:tnccx except reservations of, record, el�omcnttt of record, gs%refr taxes and irrigation assessments for the year 1995, and-ubsequet:C years, which are not yet dun and payable: Rj-ye Co Yd Ada Chanty. Idaho. she will warrant and defend the same from til lawful claims w ataaeuer. R,y�„rst of and MAL pnttd; July 18, 19/95 • N G. WtM Oli-T ACKNOW LEDGMENT• Individual .57ATF. OF ?VPIL� County of —0 -L ,se. jnY [lY—� On tl ,a ,- 9 : in the yclra[_ 19AS'r:.befarome_tlL-- a notary Public. prrnorr�l�v�ol�pe:(ted'�.11�D�..�..�,�QN known or idvdroit+tre('+ljh�r?rntolt~wh+�ntnome_�.��.— rralt,+y�b1�J t,�lhe wnblrt+sot►umrnt, anda,cknowledGrd 4, ti,te t},gt�+e—eik�♦ chdo�am_c. . Netnl41 blit :.` —� :� Ny:commi�gion expirt?:: i P. 03/03 to Pw oAT_ 10 - 5 -Ss' 0•i n=. .' STATE OF IDAHO. COUNTY OF�dd S I hereby certlfy that this Instrument +sae f led for rtcord �^ it the request or PIONEER TITLE CO. at et) ;,inut.s put � ova octy�m,. thisJ/ �% day of _7�k_ J rnyolice, snd duly tewedtd in Aook of Deeds at pare �pWn1 BASTIDA ay I�L""Zot c Fess s-�•-�� }Rail to: /2" OF ADA COUNTY �� 921 W, swio Sweat 80M. MAN 03702 209 3.10.6700 Hepwsendns Ticar Title InitMn?c Comp,nV' K _—_.ww•..r+ns'A:'rk il'4 VV %ri ': i!i1!t til rf!•• 1 ® COMMERCIAL/INVESTMENT REAL. -.-STATE 2REALTpR® PURCHASE AND SALE AGREEMENT 3 THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, READ THE ENTIRE DOCUMENT, INCLUDING THE 4 GENERAL PRINTED PROVISIONS AND ATTACHMENTS. IF YOU HAVE ANY QUESTIONS BEFORE SIGNING, 5 CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT. 6 7 ID# 4993 8 1. REAL ESTATE OFFICES: DATE 08/03/00 9 Listing Agency Wright Patterson 10 Selling Agency John L Scott 11 Listing Agent Name Al onto Mi 11 e r 12 Selling Agent Name James L Jewett 13 Phone * (Office) 888-9804 (Home) 888-9248 Phone # (Office) 888-6978 14 2. REPRESENTATION CONFIRMATION; (Home)866-5747 15 16 In this transaction, the Brokerage(s) involved had the following relationship(s) with the BUYER ("agent" or "nonagent" or "limited dual agent"): 17 18 Listing Broker acted as a(n) Non -agent 19 For the Buyer. 20 Selling Broker acted as a(n) Agent 21 For the Buyer. 22 In this transaction, the Brokerage(s) involved had the following relationship(s) with the SELLER 23 ("agent" w "nonagerrt or 'limited dual agent"}: 24 Listing Broker acted as a(n) Agent 25 For the Seller. 26 Selling Broker acted as a(n) Non -agent For the Seller. 27 Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure brochure and has elected the 28 relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection and review. EACH 29 PARTY UNDERSTANDS THAT HE OR SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTENreate an 30 AGREEMENT FOR AGENCY REPRESENTATION. Each party signing this document understands that the above confirmation DOES NOT c 31 agency relationship between the Broker(s) and the BUYER(S)/SELLER(S) and they are a CUSTOMER and NOT REPRESENTED by a Broker UNLESS 32 there is a SEPARATE signed written agreement as required by Idaho statute to create that relationship. 33 34 3. BUYER: James L Jewett Doug Olson and /or Assigns 35 36 called "BUYER") agrees to purchase and the undersigned SELLER (hereinafter 9 agrees to sell the following described real estate hereinafter referred to as "Property." 37 4. PROPERTY ADDRESS AND LEGAL DESCRIPTION: The Property commonly known as 2435 s Meridian rd 38 39 CountyCity of Meri di an of Ada ,Idaho legally described as: Tba 40 41 42 6. PRICEITERMS: Total Purchase Price is Two hundred thousand Dollars ($ ) 43 a)$A11 cash cash down payment, including Earnest Money deposit. 44 b) $ Balance of the purchase price to be paid as follows: 45 46 47 48 6. EARNEST MONEY: 49 a) Buyer hereby deposits as Earnest Money and a receipt is hereby acknowledged of One thousand 50 Dollars ($ 1 000 00 ). Evidenced by: ❑ Cash ® Check ❑ Cashier's Check ❑ Note or 51 b) Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held by )ohn L Scott forthe 52 benefit of the parties hereto. The responsible Broker shall be Bob Bass 53 7. INCLUDED ITEMS: All attached flow coverings, attached television antennae, satellite dish(es) and receiving equipment, attached plumbing, bathroom 54 and lighting fixtures, window screens, screen doors, storm windows storm doors window coverings, exterior trees, plants or shrubbery, water heating 55 apparatus and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems, built-in end `drop-in' ranges (but excepting all other 56 ranges), fuel tanks and irrigation furfures and equipment, and any and all, if any, water and water rights, and any end all, if any, ditches aril ditch rights that 57 are appurtenant thereto that are now on or used in connection with the premises shall be included in the sale unless otherwise provided herein. 58 Other items specifically included in this sale: 59 Items specifically excluded in this sale: 60 61 62 63 B Seller aclaTovWedge r ipt of of this ich constitutes P of 3 Pages. //�� 64 BUYER's Initials �� Date SELLER Initial 1 • Date 3 V 65 66 This form is printed and distribut Idaho Association of REALTORS®, Inc. / Ada C Association of REAL ORS®, Inc. This form has been designed 67 for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association 68 of REALTORS& 69 USE BY ANY OTHER PERSON IS PROHIBITED. 70 Copyright Idaho Association of REALTORS(&, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. 71 C -RE 21 revised August 1999 72 Page 1 of 3 BROKER: John L Scott BOI AGENT: Jim Jewett SIN: w10-6347 Printed using pc FORMeOonTM SOEwere, a 9/8g 73 PROPERTY ADDRESS: MPrjrhan 74 ID#4qq� 75 76 77 78 79 80 81 82 83 84 Buyer will have until 12-31-00 to satisfy or waive all conditions and/or contingencies. 85 9. TITLE COMPANY/CLOSING AGENCY: a) The parties agree that Transnati on Title Company shall provide an 86 Title Policyand pr y required preliminary report y' commitment. b) The Closing Agency for this transaction shall be Nanci Bosl au Each party agrees to 87 pay one-half of the Closing Agency's fee. 88 10. TITLE INSURANCE: p BUYER ® SELLER to pay for a standard Owner's or Purchaser's Title Policy premium in this transaction. Purchaser's 89 Extended Coverage Title Policy requested ❑ Yes 29 No. Additional premum to be paid by BUYER SELLER. Title Company to provide all parties 90 to this Agreement with a preliminary Title Report on or before 9-1-00 Buyer shall have until 9-15-00 to 0 91 condition of the titie as set forth in the �t i, writing to the report. In the event Buyer makes written objection to the title, Seller shell have a reasonable time, not to exceed 92 10 business day(s), to cure any defects of title or provide affirmative Title Insurance coverage. Buyer may elect, as its sole remedy, to either terminate 93 this Agreernent or cure the defects at Buyers expense, or proceed to closing; taking title subject to such defects. If Buyer does not so object, Buyer shall 94 be deemed to have accepted the condition of the title. 95 In the event Buyer elects to terminate the Agreement due to unsatisfactory title conditions, Buyer shall be entitled to the return of all refundable deposits 96 made by him but that such return of deposits shall not constitute a waiver of other remedies available to Buyer. 97 The final Title Insurance policy shall be delivered to Buyer by the Title Company as soon as possible after closing. 98 11. ESCROW/COLLECTION: if a long-term escrow/collection is involved, then the escrow/collection holder shall be 99 Each party agrees to pay one-half of escrow/coliection fees. 100 12. CLOSING DATE: On or before the closing date, Buyer and Seger shall deposit with the Closing Agency all funds and instruments necessary to 101 complete the sale. The closing date shall be no later than 1-30-01 . "Closing Date" means the date on which all documents 102 are either recorded or accepted by an escrow/collection agency and the sale proceeds are available to Seller. 103 13. POSSESSION/PRORATION: Buyer shall be entitied to possession on the day of closing orTaxes and 104 water assessments (using the last available assessment as a basis), rents, insurance premiums, interest and reserve on liens, encumbrances or obligations 105 assured and utilities stall be prorated as of the day of closing or Any tenant deposits held by Seller shall be 106 credited to Buyer at closing. 107 14. DEFAULT: If Buyer defaults in the performance of this Agreement, Seger has the option: (1) accepting the Earnest Money as liquidated damages 108 or (2) pursuing any other lawful right or remedy to which Seller may be entitled. If Seller elects to proceed under (1), Seller shall make demand upon the 109 holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by Sellers Broker on behalf of Seller 110 and Buyer related to the transaction, including, withait limitation, the costs of title insurance, escrow fees, credit report fees, inspection fees and attorney's 111 fees; and said holder shall pay any balance of the Earnest Money, one-half to Seller and one-half to Sellers Broker, provided that the amormtto be paid 112 to Sellers Broker shall not exceed the Broker's agreed to commission. Seller and Buyer specifically acknowledge and agree that if Seller elects to accept 113 the Earnest Money as liquidated damages, such shall be Sellers sole and exclusive remedy, and such shall rat be considered a penalty or forfeiture. If 114 Seller elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay the costs incurred by Sellers Broker on behalf of Seller and Buyer 115 related to the transaction, including, without limitation, the costs of Brokerage fee, title insurance, escrow fees, credit report fees, inspection fees and 116 attorney's fees, with any balance of the Earnest Money to be held pending resolution of the matter. If Seiler defaults. having approved said sale and fails 117 to consummate the same as herein agreed, Buyers Earnest Money deposit shall be returned to h nvher and Seller shall pay for the costs of title insurance, 118 escrow fees, credit report fees, inspection fees, Brokerage fees and attorney's fees, if any. This shall not be considered as a waiver by Buyer of any other 119 lawful right or remedy to which Buyer may be entitled. 120 15. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings, which are in any way connected with this 121 Agreement, the prevailing party shall be errtifled to recover from the non -prevailing party reasonable costs and attorney's fees, including such costs and 122 fees on appeal. 123 16. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of this contract, Buyer and Sellar agree that in the event 124 of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are received by 125 the holder of the Earnest Money and things of value, Broker or closing agency shall rat be required ±io take any action but may await any proceeding, or 126 at Brokers or closing agency's option and sole discretion, may interplead all parties and deposit any m6neys or things of value into a court of competent 127 jurisdiction and shall recover court costs and reasonable attorney's fees. 128 17. TITLE CONVEYANCE: Title of Seller is to be conveyed by warranty dead or deed, and is to be marketable and 129 insurable except for rights reserved in federal patents, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, 130 nights of way and easements established or of record and any other liens, encumbrances or defects approved by Buyer. 131 18. RISK OF LOSS: Should the Property be materially damaged by fire or other cause prior to closing, unless Buyer has taken possession prior to closing 132 by Agreement, this Agreement shall be voidable at the option of Buyer. 133 134 B Seller acknowledger of copy of this page, h c e$ of 3 Pages 135 BUYER's Initials (_� Date 3_p SELlER's I s Dat 136 137 This forth is printed and distributed the ho Association of REALTORSCO, Inc. / Ada C Association of R TORSO, Inc. This forth has been designed 138 for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association 139 of REALTORS& 140 USE BY ANY OTHER PERSON IS PROHIBITED. 141 Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. 142 GRE 21 revised August 1999 143 Page 2 of 3 8. ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES: The closing of this transaction is contingent upon written satisfaction or waiver of the following conditions: Annexation and aeeroval of a reliminary plat bY city of Meridian by 12-31-00 for a residental PIet acceptable to Buyers. I BROKER: John L Scott BOI AGENT: Tim Jewett S/N'w106347 Printed using pc FORMation software B/g5 l 144 PROPERTY ADDRESS:7d�5 Awrir{ian 145 ID#494z 146 19. CONDITION OF PROPERTY AT CLOSING: Buyer agrees to purchase the Property in as -is -condition, wtrere is, with all faults. B 147 assume all obligations with respect to the Pro oyer will 148 excepted, and loss by casualty. The heating,�� shall maintain the Property until the closing in its present condition, ordinary wear and tear 149 ng, air conditioning, plumbing, elevators, loading doors and electrical systems shall be in present operating order and condition at the time of closing, unless otherwise agreed to in writing. iso 20. INSPECTION: Buyer hereby acknowledges further that Buyer has not received or relied upon any statements or representations by the Broker or 151 Broker's representatives or by Seller which are not herein expressed. Buyer has entered into this Agreement, relying upon 'information and knowledge 152 obtained from Buyer's own investigation or personal inspection of the Property, 153 21. ADDITIONAL PROVISIONS: Additional provisions of this Real Estate Purchase and Sale Agreement, if any, are attached hereto by an Addendum 154 consisting of page(s). 155 22. NOTARY PUBLIC: It is recommended signatures be notarized with a rotary statement attached hereto. 156 23. ENTIRE AGREEMENT: This Agreement, including arty Addendums or exhibits, constitutes the entire Agreement between the parties and no 157 warranties, including any warranty of habitability, Agreements or representations have been made or shall be binding upon either party unless herein set 158 forth. 159 24. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 160 26. ACCEPTANCE: Buyer's offer is made subject to the acceptance of Seller on or before (Date) 08/03/00 and (Time) 9:00 p . M. If Seller does 161 not accept this Agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. 162 26. OTHER TERMS: Buyer is a Licensed real est -are ananr 163 164 165 166 167 168 169 27. TETURES. 170 ❑ RES 5 E O ATTACHED BUYERS' ADDENDUM(S):(Specify number of BUYER addendum(s) attached.) 171172 BUYBUYER Signature 173174 BUYes L J wetBUYER (Prirrt Name) Douq Olson 175176 Date Time Phone # Date 08/03/00 Time phone # 177 178 Address Address 179 City State Zip Address State Zip 18o28. SELLER'SSIGNATURES: 181 On this date, I/We hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms 182 thereof on the part of the Seller. IM/e further acknoWedge receipt of a true copy of this Agreement signed by both parties. 183 184 SELLER'S SIGNATURES SUBJECT TO ATTACHED COUNTER OFFER E3 SEE ATTACHED COUNTER OFFER 185 SELLER'S SIGNATURES SUBJECT TO ATTACHED SELLER ADDENDUM/AMENDMENT ❑ SEE ATTACHED ADDENDUM/AMENDMENT 186 ❑ SELLER'S SIGNATURES SUBJECT TO ATTACHED "SELLERS RIGHT TO CONTINUE TO MARKET PREMISES" ADDENC}L11W 189 187 188 SELLER Signature i.��1��_ SELLER Signature 190 SELLER (Print Name) 191 SELLER (Print Name) h 192 Date 08/03/00 Time 193 Date 08/03/00 Time ---- 194 Ad ss CJ . Address 195 City State Zip City State Zip 197 195 Hm. h. Bus. Ph. Hm. Ph. Bus. Ph. 196 29. BUYER'S ACKNOWLEDGMENT OF P ECEIPT OF FINAL COPY BEARING ALL SIGNATURES: 199 A true Copy of the foregoing Agr ant, signed by t SELLER and containing the full and complete description of the premises, is hereby received on 200 Date Time 201 202 BUYER:James L Jewett BUYER: Doug Olson 203 204 B d Sei{ r ptr f cQ of this page, h constitutes 205 BUYER 1 itials ( ate - CJ 9e of 3 Pa 206 SELIER's I ials Date d 207 This form is printed and distri he Idaho Association of REALTORS®, Inc. / Ada County sociation of REA TORS®, Inc. This form has been designed 208 for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association 209 of REALTORS& 210 211 USE BY ANY OTHER PERSON IS PROHIBITED. 212 Copyright Idaho Association of REALT ORSsn, inc. / Ada Coo 213 C -RE 21 revised August 1999 mY Association of REALTORS, inc. Ali rights reserved. 214 Page 3 of 3 BROKER: John L scoff BOI AGENT: dim Jewett SIN W10-6347 Printed using pcFORMerior,—SORwere, v. 8/9? . AFFIDAVIT OF OWNER STATE OF IDAHO ) )SS COUNTY OF ADA ) I, as the titled owner of record, Jim Jewett authorize Hubble Engineering, Inc. as an authorized member to request an annexation and zone change on my 5.4 acre parcel on West Meridian Rd. and North of Victory Rd. in Meridian, Idaho. The metes and bounds legal description for the above parcel(s) is a part of this application packet for the Kodiak DovelonmPnt /r -Xim Jewett Owner Dated: Subscribed and sworn to before me a notary public in and for the State of Idaho. J:\ProjectsUewitt-Me,idia (00-275-00)\Documents\AFFIDAVIT OF OWNER.doc NoJaRueblic Residing at Commission Expires /U D?, y3AA� Sent By: ; QUEENLAND ACRES INC. 10.32 E =CAYMAN DR MERIDIAN ID 83642-6661 S MHR�DIAN STODDARD BEAR r—REEK LLC 6223 N DISCOVERY WAY STE 100 BOISE; ID 83713-0000 2370 S STODD.ARD RD DEVELOPMENT COMPANY THE 1903 S GULL COVE PL MERII�IIAN.ID 83642-6574 S GULF. COVE PL FITZ.(4ERA.LD JAMESON & FITZGERALD JUANITA 2315 S C ULI, COVE PL N ER.IIDIAN ID 83642-6591 GEIS ADAM P & GEIS KIMBERLY S 2302 S iGULL COVE PL MERIDIAN ID 83642-0000 SMITH LAURI L 2318 S�CTULL COVE PL, MERIDIAN ID 83642-0000 AAR(,);N WILLIAM O & AARON IJEAN L 2435 S MERIDIAN RD MERIDIAN ID 83642-6543 VALLF-Y SI1EPHERD CHRCH NAZARENE 831 E 61STST MERIDIAN ID 83642-0000 2475 S. MERIDIAN RD 208 888 6854; Nov -16-00 4:35PM; Page 213 LARREA JOSE I tar. LARREA JANICE E 100 ROSALYN C'T MERIDIAN ID 83642-6602 LARRF.A JOSE RAMON 105 ROSALYN CT MERIDIAN ID 83642-6603 r. I, Jim Jewett the developer of the proposed Kodiak Development do hereby affirm that the said property will be posted one week before t to public heaninQ. Jewett Acknowledaement STATE OF IDAHO ) ) SS. COUNTY OF ADA ) ON THIS / day of L, ' 2000, before me a notary public in and for said State, personally appeared Jim Jewett known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .�' 4�' ••••'••• .14P pgLG S S U1 NotaPublic for Idaho Residing in My Commission Expires: /O -OQ . ,.-�60a 0 � � M r ru W r W Q ru .a r Ln W W LJl r O CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer s Order No. Name fY1 c° Date Address Phone: SOLD BY -G*h `ITHARGE 14F / 7 1= ON ACCT. MDSE. RETD. PAID OUT G 1 nC 5 IL I I I I I I I I I I I I I I I I I I I I I All claims and returned goods MUST be accompanied by this bill. TAX ,0012 417 Received ,. TOTAL GS -202-2 PNINTEO WnN PRINTED IN U.S.A. S(%YINK -01.0 1 COMMERCIAL/INVESTMENT REAL .03TATE 2 PURCHASE AND SALE AGREEMENT REALTOR® o°v'voer°""« i`r 3 THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, READ THE ENTIRE DOCUMENT, INCLUDING THE 4 GENERAL PRINTED PROVISIONS AND ATTACHMENTS. IF YOU HAVE ANY QUESTIONS BEFORE SIGNING, 5 CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 ID# 4993 1. REAL ESTATE OFFICES: Listing Agency Wright Patterson Listing Agent Name Al onzo Mi 11 e r Phone # (Office) 888-9804 (Home) 888-9248 2. REPRESENTATION CONFIRMATION: DATE 08/03/00 Selling Agency John L Scott Selling Agent Name James L Jewett Phone # (Office) 888-6978 (Home) 866-5747 In this transaction, the Brokerage(s) involved had the following relationship(s) with the BUYER ("agent" or "nonagent" or "limited dual agent"): Listing Broker acted as a(n) Non -agent For the Buyer. Selling Broker acted as a(n) Agent For the Buyer. In this transaction, the Brokerage(s) involved had the following relationship(s) with the SELLER ("agent" or "nonagent" or `limited dual agent"): Listing Broker acted as a(n) Agent For the Seller. Selling Braker acted as a(n) Non -agent For the Seller. Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure brochure and has elected the relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. Each party signing this document understands that the above confnTiation DOES NOT create an agency relationship between the Broker(s) and the BUYER(S)/SELLER(S) and they are a CUSTOMER and NOT REPRESENTED by a Broker UNLESS there is a SEPARATE signed written agreement as required by Idaho statute to create that relationship. 3. BUYER: lames L 3ewett, Douq Olson and /or Assions (hereinafter called "BUYER") agrees to purchase and the undersigned SELLER agrees to sell the following described real estate hereinafter referred to as "Property." 4. PROPERTY ADDRESS AND LEGAL DESCRIPTION: The Property commonly known as 2435 S. Meridian rd. City of Me ri di an County of Ada Idaho legally described as: Tba 5. PRICE/TERMS: Total Purchase Price is Two hundred thousand Dollars ($ ). a) $All cash cash down payment, including Earnest Money deposit. b) $ Balance of the purchase price to be paid as follows: 6. EARNEST MONEY: a) Buyer hereby deposits as Earnest Money and a receipt is hereby acknowledged of one thousand Dollars ($ 1.000.00). Evidenced by : ❑ Cash ® Check ❑ Cashier's Check ❑ Note or b) Earnest Money to be deposited intrust account upon acceptance by all parties and shall be held by John L Scott for the benefit of the parties hereto. The responsible Broker shall be Bob Bass 7. INCLUDED ITEMS: All attached floor coverings, attached television antennae, satellite dish(es) and receiving equipment, attached plumbing, bathroom and lighting fixtures, window screens, screen doors, storm windows, storm doors, window coverings, exterior trees, plants or shrubbery, water heating apparatus and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems, buitt-in and "drop-in" ranges (but excepting all other ranges), fuel tanks and irrigation furfures and equipment, and any and all, if any, water and water rights, and any and all, if any, ditches and ditch rights that are appurtenant thereto that are now on or used in connection with the premises shall be included in the sale unless otherwise provided herein. Other items specifically included in this sale: Items specifically excluded in this sale: B Seller acknowledge r pt of of thisI ioh constitutes P of 3 Pages. BUYER'S Initials (� Date SELiaf DateThis form is printed and distribut t Idaho Association of REALTORS, Inc. !AdaAsso ration of REAL ORS®, Inc. This forth has been designed for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS®. USE BY ANY OTHER PERSON 1S PROHIBITED. Copyright Idaho Association of REALTORSO, Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. C -RE 21 revised August 1999 Page 1 of 3 IBROKER: John L Scott BOz AGENT: Jim Jewett S/N: W10-6347 Printed Jnp pcFORMa6onTM Software Y. 0/89 73 PROPERTY ADDRESS:74�4 c morirlian ID#4qq� 74 75 8. ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES: The closing of this transaction is contingent upon written satisfaction 76 or waiver of the following conditions: 77 Annexation and approval of a preliminary plat by city of Meridian by 12-31-00 for a residental plat acceptable to 78 Buyers. 79 80 61 82 83 84 Buyer will have until 12-31-00 to satisfy or waive all conditions and/or contingencies. 85 9. TITLE COMPANY/CLOSING AGENCY: a) The parties agree that Transnati on Title Company shall provide any required 86 Title Policy and preliminary report of commitment. b) The Closing Agency for this transaction shall be Nandi Bosl au Each party agrees to 87 pay one-half of the Closing Agency's fee. 88 10. TITLE INSURANCE: D BUYER ® SELLER to pay for a standard Owners or Purchaser's Title Policy premium in this transaction. Purchaser's 89 Extended Coverage Title Policy requested D Yes H No. Additional premium to be paid by BUYER SELLER. Title Company to provide all parties 90 to this Agreement with a preliminary Title Report on or before 9-1-00 . Buyer shall have until 9-15-00 to object in writing to the 91 condition of the title as set forth in the report. In the event Buyer makes written objection to the title, Seller shall have a reasonable time, not to exceed 92 10 business day(s), to cure any defects of title or provide affirmative Title Insurance coverage. Buyer may elect, as its sole remedy, to either terminate 93 this Agreement or cure the defects at Buyer's expense, or proceed to closing; taking title subject to such defects. If Buyer does not so object, Buyer shall 94 be deemed to have accepted the condition of the title. 95 In the event Buyer elects to terminate the Agreement due to unsatisfactory title conditions, Buyer shall be entitled to the return of all refundable deposits 96 made by him but that such return of deposits shall not constitute a waiver of other remedies available to Buyer. 97 The final Title Insurance policy shall be delivered to Buyer by the Title Company as soon as possible after closing. 98 11. ESCROW/COLLECTION: If a long-term escrow/collection is involved, then the escrow/collection holier shall be 99 Each party agrees to pay one4nalf of escrow/coliection fees. 100 12, CLOSING DATE: On or before the closing date, Buyer and Seger shall deposit with the Closing Agency all funds and instruments necessary to 101 complete the sale. The closing date shall be no later than 1- 30-01 . "Closing Date" means the date on which all documents 102 are either recorded or accepted by an escrow/collection agency and the sale pro^.eeds are available to Seller. lo3 13. POSSESSION/PRORATION: Buyer shall be entitled to possession on the day of closing or Taxes and 104 water assessments (using the last available assessment as a basis), rents, insurance premiums, interest and reserve on liens, encumbrances or obligations 105 assured and utilities shall be prorated as of the day of closing or Any tenant deposits held by Seller shall be 106 credited to Buyer at closing. 107 14. DEFAULT: If Buyer defaults in the performance of this Agreement, Seger has the option: (1) accepting the Earnest Morey as liquidated damages 108 or (2) pursuing any other lawful right or remedy to which Seller may be entitled. If Seller elects to proceed under (1), Seller shall make demand upon the 109 holder of the Earnest Morey, upon which demand said holier shall pay from the Earnest Money the costs incurred by Seller's Broker on behalf of Seller 110 and Buyer related to the transaction, including, without lirtiiation, the costs of title insurance, escrow fees, credit report fees, inspection fees and attorney's 111 fees; and said holder shall pay any balance of the Earnest Money, one-half to Seller and one-half to Seller's Broker, provided that the amount to be paid 112 to Seller's Broker shall not exceed the Broker's agreed to commission. Seger and Buyer specifically acknowledge and agree that if Seller elects to accept 113 the Earnest Money as liquidated damages, such shall be Sellers sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. If 114 Seller elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay the costs incurred by Seller's Broker on behalf of Seller and Buyer 115 related to the transaction, including, without limitation, the costs of Brokerage fee, title insurance, escrow fees, credit report fees, inspection fees and 116 attorney's fees, with any balance of the Earnest Money to be held pending resolution of the matter. If Seller defaults, having approved said sale and fails 117 to consummate the same as herein agreed, Buyer's Earnest Money deposit shall be returned to himvher and Seller shall pay for the costs of title insurance, 118 escrow fees, credit report fees, inspection fees, Brokerage fees and attorneys fees, if any. This shall not be considered as a waiver by Buyer of any other 119 lawful right or remedy to which Buyer may be entitled. 120 15. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings, which are in any way connected with this 121 Agreement, the prevailing party shall be entitled to recover from the non -prevailing party reasonable costs and attorney's fees, including such costs and 122 fees on appeal. 123 16. EARNEST MONEY DISPUTE Jr INTERPLEADER: Notwithstanding any termination of this contract, Buyer and Seger agree that in the event 124 of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are received by 125 the holder of the Earnest Money and things of value, Broker or closing agency shall not be required to take any action but may await any proceeding, or 126 at Broker's or closing agencYs option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent 127 jurisdiction and shall recover court costs and reasonable attomeys fees. 128 17. TITLE CONVEYANCE: Title of Seller is to be conveyed by warranty deed or deed, and is to be marketable and 129 insurable except for rights reserved In federal patents, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, 130 rights of way and easements established or of record and any other liens, encumbrances or defects approved by Buyer. 131 18. RISK OF LOSS: Should the Property be materially damaged by fire or other cause prior to closing, unless Buyer has taken possession prior to closing 132 by Agreement, this Agreement shall be voidable at the option of Buyer. 133 134 BAthe ller acknowiedge r of co of this page, h c e5 of 3 Pages 135 BUYER's InitialsL� Date, -3_o SELLER's I s ( Date 136 137 This form is printed and distributedo Association of REALTORS®, Inc. / Ada C Association of R TORS®, Inc. This forth has been designed 138 for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association 139 of REALTORS& 140 USE BY ANY OTHER PERSON IS PROHIBITED. 141 Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS®, Inc. AN rights reserved. 142 GRE 21 revised August 1999 143 Page 2 of 3 I BROKER: john L Scott BOI AGENT : ji m Jewett S/N: w10-6347 Printed using pc FORMaIior—SoRwerg v. B/49 144 PROPERTY ADDRESS:74,�s C Maririian ID#daa; 145 146 19. CONDITION OF PROPERTY AT CLOSING: Buyer agrees to purchase the Property in as -is -condition, where is, with all faults. Buyer will 147 assume all obligations with respect to the Property. Seller shall maintain the Property until the closing in its present condition, ordinary wear and tear 148 excepted, and loss by casualty. The heating, ventilating, air conditioning, plumbing, elevators, loading doors and electrical systems shall be in present 149 operating order and condition at the time of closing, unless otherwise agreed to in writing. 15O 20. INSPECTION: Buyer hereby acknowledges further that Buyer has not received or relied upon any statements or representations by the Broker or 151 Broker's representatives or by Sekr which are not herein expressed. Buyer has entered into this Agreement relying upon information and knowledge 152 obtained from Buyer's own investigation or personal inspection of the Property. 153 21. ADDITIONAL PROVISIONS: Additional provisions of this Real Estate Purchase and Sale Agreement, if any, are attached hereto by an Addendum 154 consisting of page(s). 155 22. NOTARY PUBLIC: It is recommended signatures be notarized with a rotary statement attached hereto. 156 23. ENTIRE AGREEMENT: This Agreement, including arty Addendums or exhibits, constitutes the entire Agreement between the parties and no 157 warranties, including any warranty of habitability, Agreements or representations have been made or shall be binding upon either party unless herein set 158 forth. 159 24. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 160 26. ACCEPTANCE: Buyer's offer is made subject to the acceptance of Seller on or before (Date) 08/03/00 and (Time) 9 : 00 P. M. If Seller does 161 not accept this Agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. 16226. OTHER TERMS: Myer is a Licensed real estate Agent. 163 164 165 166 167 168 169 27. BUYER'S I NATURES. 170 L1BUYER'S SI NA RES S E O ATTACHED BUYERS' ADDENDUM(S): (Specify number of BUYER addendum(s) attached.) 171 172 BUYER Signature BUYER Signature 173 174 BUYER (Print ame) aches t 7 wet BUYER (Print Name) DOUQ 01 son 175 176 Date 08/03 00 Time Phone # Date 08/03/00 Time Phone # 177 178 Address Address 179 Cay State Zip City State Zip 180 28. SELLER'S SIGNATURES: 181 On this date, [/We hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms 182 thereof on the part of the Seller. IM/e further acknowledge receipt of a true copy of this Agreement signed by both parties. 183 184ELLER'S SIGNATURES SUBJECT TO ATTACHED COUNTER OFFER ❑ SEE ATTACHED COUNTER OFFER 185 as SELLER'S SIGNATURES SUBJECT TO ATTACHED SELLER ADDENDUM/AMENDMENT ❑ SEE ATTACHED ADDENDUM/AMENDMENT 186 ❑ SELLER'S SIGNATURES SUBJECT TO ATTACHED "SELLERS RIGHT TO CONTINUE TO MARKET PREMISES" ADDEN 187 188 SELLER Signature SELLER Signature 189 y� 190 SELLER (Print Name) Irk I Nr Ir Q n SELLER (Print Name) 191 192 Date 08/03/00 ^ Time a� Date 08/03/00 Time S w 193 2 3 S- s 194 Ad ss . Address 195 Cay State -;5b Zip Cay State Zip 196 Hm. Ph. Bus. Ph. Hm. Ph. Bus. Ph. 197 198 29. BUYER'S ACKNOWLEDGMENTOF P ECEIPT OF FINAL COPY BEARING ALL SIGNATURES: 199 A true copy of the foregoing Agr ant, signed by t SELLER and containing the full and complete description of the premises, is hereby received on 200 Date Time 201 202 BUYER: James L Jewett BUYER: Doug, Olson 2030 °� 204 B Sal rr o� this page, h constautes of 3 Pa CS 205 BUYER'S I itials ate SELLER'S t lois Date 206 207 This form is printed and distriIdaho Association of REALTORS®, Inc. /Ada County sociation of RE TORS®, Inc. This form has been designed 208 for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association 209 of REALTORS®. 210 211 USE BY ANY OTHER PERSON IS PROHIBITED. 212 Copyright Idaho Association of REALT ORS0i, Inc. / Ada County Association of REAL T ORS&, Inc. All rights reserved. 213 C -RE 21 revised August 1999 214 Page 3 of 3 !BROKER: John L SCott BOI AGENT: Jim Jewett SAN: W20-6347 Printed u0nppcFORMebor.—Soffwere. v. 9/99 AFFIDAVIT OF OWNER STATE OF IDAHO ) ) SS COUNTY OF ADA ) I, as the titled owner of record, Jim Jewett authorize Hubble Engineering, Inc. as an authorized member to request an annexation and zone change on my 5.4 acre parcel on West Meridian Rd. and North of Victory Rd. in Meridian, Idaho. The metes and bounds legal description for the_ above parcel(s) is a part of this application packet for the Kodiak elopment. // Dated: im Jewett Owner Subscribed and sworn to before me a notary public in and for the State of Idaho. .0% ...... ,'E��i °,•` ,�� A CARL., ~: �OTA.R J, S e i *Il _fit s •.® pUBLZG � , .44 ®,pirar+t9>►+®°� ):\ProjectsVewitt-Meridian(00-275-00)\DocumentsWFFIDAVIT OF OWNER.doc Notary Public Residing at Commission Expires 90 • D Z-?, DO Sent By: ; QUEENLAND ACRES INC. 1032 E iCAYMAN DR 1V ERIUTAN ID 83642-6661 S MI:HR�DIAN STODPARD BEAR r—REEK IXC 6223 N? DISCOVERY wAY STE 10C BOISE' lD 83713-0000 2370 S STODD.ARD RD DEVELOPMENT COMPANY TH.F, 1903 S GULL COVE PL ME.RII, IAN. ID 83642-6574 S GULL COVE PL FITZOERALD JAMESON & FITZGERALD JUANITA 2315 S :(TULL COVE PL MERIDIAN ID 83642-6591 GEIS ADAM P & GRIS KIMBERLY S 2302 S'GU L COVE PL MERIDIAN ID 83642-0000 SMITH LAURI L 2318 S CYULL COVE PI, MERIDIAN ID 83642-0000 AARON WILLIAM O & AARON JEAN L 2435 SMF?RIDIAN RD MERIDIAN ID 83642-6543 VALLEY SI IEPHERD CHRCH NAZARENE 831 E 01ST ST MERIDIAN ID 83642^0000 2475 S MElUDIAN RD 208 888 6854; Nov -16-00 4:35PM; Page 213 "o i LARREA JOSE I & LARRl=:A JANICE E 100 ROSALYN CT MERIDIAN ID 83642-6602 LARRFA JOSE, RAMON 105 ROSALYN CT MERIDIAN ID 83642-6603 Ordinance Distribution Check Off Sheet for Ordnance No. 03 _ �Lqq Project File: Om I) N,1,64 �2- Once recorded all ordinances are distributed to: •et Clerks Office: Copy to Project File Copy to Ordinance Book Scan into Laserfiche Ef Original to Minute Book Total: 10 copies for Distribution Applicant�,e [� City Engineer -- EMAIL �i City Planner -- EMAIL City Attorney -- EMAIL City Treasurer State Tax Commission t� County Auditor County Treasurer County Assessor Q� Robert Campbell at COMPASS Sterling Codifiers Clerks Office: Copy to Project File Copy to Ordinance Book Scan into Laserfiche Ef Original to Minute Book Total: 10 copies for Distribution n MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary V S�a fesj' � r CITY OF ►t IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 Cherie McCandless"9TFRo Vnv�� ,ace PLANNING & ZONING du TREASURE 17,903 , 15 Keith Bird T.- (208) 884-5533 • Fax 888-6854 November 19, 2003 RE: Amending Bear Creek Annexation AZ Ordinance No. 03-1049 Dear Applicant or Agency, Enclosed you will find a copy of the recorded ordinance as noted above. Please feel free to contact our office if you have any questions. Sincerely, n Jessica Johnson City Clerks Office Enc. 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 A parcel of land located in the NE '/ of the SE % of Section 24 T. 3N., R. l W. and the NW '/ of the SW % of Section 19, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the % corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02000'09" West, 191.70 feet; thence North 89004'23" West, 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01" West, 1217.23 feet to a point on the West boundary line of the NE % of the SE '/ of said Section 24; thence along said West boundary line North 01'01'59" East, 159.90 feet; thence leaving said West boundary line North 45055'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89010'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 2 OF 5 ADA COUNTY RECORDER J. DAVID NAVARRO 6 BOISE IDAHO 10/30/03 11:06 AM DEPUTY Bonnie Oberbillig RECORDED -REQUEST OF Meridian City AMOUNT .00 103 184139 CITY OF MERIDIAN ORDINANCE NO. 03- Q df AN ORDINANCE AMENDING ORDINANCE NO. 03-1033 AN ORDINANCE AMENDING ORDINANCE NO. 03-1033 FINDING THAT CERTAIN LAND TO BE PART OF BEAR CREEK SUBDIVISION, AND THAT BEAR CREEK, LLC ARE OWNERS OF CERTAIN REAL PROPERTY LOCATED AT 2435 SOUTH MERIDIAN ROAD WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 1 OF 5 SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 5th day of August, 2003, recorded with the Ada County Recorders Office on the 14th day of August, 2003 under Instrument Number 103137113; the June 2003 Addendum to Development Agreement dated the 2nd day of July,2003, recorded with the Ada County Recorders Office on the 141h day of August, 2003 under Instrument Number 103137112; and the October 2003 Addendum to Development Agreement dated the 21" day of October, 2003, recorded with the Ada County Recorders Office on the 30 4"A �day of (/G� d ��- Instrument Number `D S I 2003 under a� '� ; and that the uses are to be developed under the Planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 3 OF 5 including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to - wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this CGb�V-V-)V, 2003. I day of APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2-1 day of Ort -o Le +( , 2003. ATTEST: + co V, OF 1 I MEA, r CITY CLERK - BEAD First Reading: -2. --Q3 = qU oell Adopted after first readin b 902 yeS; g �� eft � �� allowed pursuant to Idaho Code 50- Second Reading: X No: �`e` f , r W •` ````�` Third Reading: ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 4 OF 5 STATE OF IDAHO, ) ss. County of Ada. V)d On this 2day of oCLOVY0 , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared and WILLIAM G. BERG, JR., known to me to be th nd City Jerk, reslieM ell, o the CITY of Meridian, Idaho, and who executed the within in�4Qent, a Yak `kn� ledged tome that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) VPs ° s ® �' ZC.'Oi ee�a �' OF Ifl�e •exam%* NOTARY PUBLIC FOR IDAHO RESIDING AT: Ma Lowo- , Qaa�o MY COMMISSION EXPIRES: -N05 Z:\Work\"eridian\Meridian 15360M\Bear Creek\AZ revised Ord 10 08 03.doe ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 5 OF 5 �t Y w 5 ALASKA WAY ,kVM MVM WS S r w d O ®Z O v> W ( CO CIO Lr�o U (n 06 w Q 2o0 Q of Opo _� o co >-w u 1 Y Uo� o o N c 0 cn ,kVM MVM WS S CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- by City Council of the City of Meridian, on the 2 ! da t 'passed true the y of DGto�r , 2003, is a true and correct copy of the original of said document which is in the care, custody and control o , Clerk of the City of Meridian. 0\ of KA `�G TFO SEAL WILLIAM G. BERG, J v —7® �T IS1 �. P STATE OF IDAHO, ) C(J County of Ada, On this ".`L day of bcl, 2003, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. 41 mCIO: (SEAL) � 4 • ,%O •° ♦isl,`?�UB1�1- $ • •A,tart♦ shcor)-\ Notary Public for Idaho Commission Expires: 7—<Z ZAWork\M\Meridian\Meridian 15360M\Bear Creek\Cert Of Clerk revised Ord 10 08 03.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN BEAR CREEK, LLC AZ -99-010 fka KODIAK DEVELOPMENT PAGE 1 of 1 ADA COUNTY RECORP"`l. DAVID NAVARRO BOISE IDAH010/30/& 06 AM 3 DEPUTY Bonnie Oberbillig 11 Merid RECORan ED CiIyREQUESt OF AMOUNT 00 103184138 OCTOBER 2003 ADDENDUM TO DEVELOPMENT AGREEMENT DATED AUGUST 5, 2003 The following is an October 2003 Addendum to that certain Development Agreement by and between the City of Meridian, a municipal corporation of the State of Idaho, and Bear Creek, L.L.C., whose address is PO Box 344, Meridian, Idaho 83680, and which Development Agreement is dated the 5th day of August, 2003, and this Addendum entered into this 21r ' day of October, 2003, specifically is subsequent to the entering into of the original Development Agreement, and recorded in the Ada County Recorder's office as Instrument No. 103137113. This October 2003 Addendum specifically pertains to the Exhibit "A" Legal Description Of Property. The parties hereto agree as follows: A. The Development Agreement dated August 5, 2003, as it pertains to Exhibit "A" Legal Description Of Property, is amended to read: EXHIBIT "A" Legal Description Of Propertv A parcel of land located in the NE % of the SE % of Section 24 T.3N., R.1 W. and the NW of the SW '/ of Section 19, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the '/ corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02°00'09" West, 191.70 feet; thence North 89°04'23" West, 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01" West, 1217.23 feet to a point on the West boundary line of the NE '/ of the SE '/ of said Section 24; thence along said West boundary line North 01 °01'59" East, 159.90 feet; thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek — AZ -99-010) PAGE 1 OF 3 thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. B. Except as modified by this Addendum, the Development Agreement between the parties dated August 5, 2003, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this 2! � day of &Vcg'x 6 e, -L- 2003. ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. ATTEST: City Clerk DEVELOPER: BEAR CREEK, L.L.C., CITY OF MERIDIAN %► e- Ween, 6,;5 01,4n vcd 6y C: Coa-,•i� t October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek — AZ -99-010) PAGE 2 OF 3 STATE OF IDAHO, : ss: County of Ada, On this cv 'day of October, 2003, before me, a Notary Public, personally appeared Greg Johnson, member of Bear Creek, L.L.C., known or identified to me to be one of the members of the Limited Liability Company who executed the instrument and the member who spbsuribasaid Limited Liability Company and acknowledged to me that such Limited Liability yv�°�•%c�de�xecuted the same. u'3Q O,S p,RY�SE 0 04V '�. • • p�SPA TE STATE OF IDAHO,) NotaO Public for Idaho it Residing at: - r My Commiss�nExpires: 33 ss: County of Ada, ) A On this 'n day of ©G 1r � , 2003, before me, the undersigned, a Notary Public, personally appeared nd William G. Berg, Jr., known or identified to me to be then it er , respectively, of the City of Meridian, who executed the instrument or persons fiat executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. o e ON `S'•. l• (SEAL) �;' OT ��vp* • / P 1GeoA •�°�`C�FI�+ 'e Notary Public for Idaho Residing at: j4da Cv , Commission expires: c(_Z ' -per Z:\Work\M\Meridian\Meridian 15360M\Bear Creek\October2003 ADDEND to Dev Agmt Aug 5 03.doc October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek— AZ -99-010) PAGE 3 OF 3 October 17, 2003 MERIDIAN CITY COUNCIL MEETING APPLICANT October 21, 2003 ITEM NO. REQUEST Tabled from October 14, 2003: October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No. 6 (fka / approved as Kodiak Development): 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: --D-r&na/yt. (evl Contacted: Emailed: Materials presented at o COMMENTS Refer to Previous Item Packet C-1 (C,cli ti`e'd 0- rove I�C1 aAactu d e1w &4 Date: ,) / / -&- Phone: e� Staff Initials: meetings shall become pr0—P"&rfy-of the City of Meridian. Page 1 of 1 Sharon Smith From: Bruce Freckleton [freckleb@meridiancity.org] Sent: Thursday, October 16, 2003 3:58 PM To: 'Marlene St. George'; Sharon Smith (E-mail) Cc: Bill Nichols (E-mail) Subject: RE: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt Marlene, The revised documents have been checked and approved by my office. The only thing that will need to be done is to attach the original exhibit map to the annexation ordinance. Sorry for the misunderstanding. Bruce -----Original Message ----- From: Marlene St. George [mailto:ms@WHITEPETERSON.com] Sent: Wednesday, October 08, 2003 4:33 PM To: 'freckleb@meridiancity.org' Cc: Bill Nichols Subject: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt Bruce, attached you will find the revised Annexation and Zoning Ordinance, Summary AZ Ordinance, summary cover letter, and an October 2003 Addendum to Development Agreement Dated August 5, 22003. If you would please review over all the documents, and the P & Z Department, we will then have covered all bases to make sure this matter has been taken care of in full. Upon approval of yourself and the P & Z Department, I will then proceed to send the documents on to the Clerk's office. In the meantime, I will wait to hear back from you. Thanks Bruce. Thank you, Marlene St. George Legal Assistant to Wm. F. Nichols White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext. 111 ms@whitepeterson. com Confidentiality Notice: This email message may contain confidential and privileged infonnation exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message Thank you i 10/16/2003 October 10, 2003 MERIDIAN CITY COUNCIL MEETING October 14, 2003 APPLICANT ITEM NO. 3-1 REQUEST October 2003 Addendum to Development Agreement Correcting the legal description for AZ 00-026 Bear Creek Subdivision No. 6 (fka / approved as Kodiak Development): 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Sharon Smith From: Marlene St. George [ms@WHITEPETERSON.com] Sent: Tuesday, October 14, 2003 1:21 PM To: 'Will Berg'; 'Sharon Smith'; 'Tara Green'; 'Jessica Johnson' Cc: Bill Nichols � Page 1 of 2 Gc �0-!4-03 Subject: FW: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt As of today, I have heard nothing back from Bruce nor from P & Z on the above documents. I just wanted to keep you posted as to the status of this matter. Thank you, Marlene St George Legal Assistant to ff'm. F. Nichols White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9212 Ext. 111 ms@whitepeterson. com RECF,iVED OCT 14 2003 City Of Meridian. City Clerk Office Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message. Thank you -----Original Message ----- From: Marlene St. George Sent: Wednesday, October 08, 2003 4:33 PM To: 'freckleb@meridiancity.org' Cc: Bill Nichols Subject: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt Bruce, attached you will find the revised Annexation and Zoning Ordinance, Summary AZ Ordinance, summary cover letter, and an October 2003 Addendum to Development Agreement Dated August 5, 22003. If you would please review over all the documents, and the P & Z Department, we will then have covered all bases to make sure this matter has been taken care of in full. Upon approval of yourself and the P & Z Department, I will then proceed to send the documents on to the Clerk's office. In the meantime, I will wait to hear back from you. Thanks Bruce. Thank you, Marlene St. George Legal Assistant to TVm. F. Nichols White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext. 111 ms@whitepeterson. com 10/14/2003 n Page 2 of 2 Confidentiality Notice: This email message may contain confidential and privileged infonnation exempt from disclosure under applicable law. if you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message. Thank you 10/14/2003 OCTOBER 2003 ADDENDUM TO DEVELOPMENT AGREEMENT DATED AUGUST 5, 2003 The following is an October 2003 Addendum to that certain Development Agreement by and between the City of Meridian, a municipal corporation of the State of Idaho, and Bear Creek, L.L.C., whose address is PO Box 344, Meridian, Idaho 83680, and which Development Agreement is dated the 5th day of August, 2003, and this Addendum entered into this�'T/� day of October, 2003, specifically is subsequent to the entering into of the original Development Agreement, and recorded in the Ada County Recorder's office as Instrument No. 103137113. This October 2003 Addendum specifically pertains to the Exhibit "A" Legal Description Of Property. The parties hereto agree as follows: A. The Development Agreement dated August 5, 2003, as it pertains to Exhibit "A" Legal Description Of Property, is amended to read: EXHIBIT "A" Legal Description Of Property A parcel of land located in the NE 1/ of the SE 1/ of Section 24 T.3N., R.1 W. and the NW 1/ of the SW 1/ of Section 19, T.3N., R.IE., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the 1/ corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02°00'09" West, 191.70 feet; thence North 89°04'23" West, 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01" West, 1217.23 feet to a point on the West boundary line of the NE 1/ of the SE 1/ of said Section 24; thence along said West boundary line North 01'01'59" East, 159.90 feet; thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek — AZ -99-010) PAGE 1 OF 3 thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. B. Except as modified by this Addendum, the Development Agreement between the parties dated August 5, 2003, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this 2l � day of &VC, P 6 Fits , 2003. ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. ATTEST: DEVELOPER: BEAR CREEK, L.L.C., IC • Greg Johnson, Member CITY OF MERIDIAN T�n+�c W�cr.G �rtf'islyC�-t - �i� �'oltin fes/ /�ta►vtd !iy `i� Cowncr.G City Clerk October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek — AZ -99-010) PAGE 2 OF 3 STATE OF IDAHO, ss: County of Ada, On this day of October, 2003, before me, a Notary Public, personally appeared Greg Johnson, member of Bear Creek, L.L.C., known or identified to me to be one of the members of the Limited Liability Company who executed the instrument and the member who subscribed said Limited Liability Company and acknowledged to me that such Limited Liability Company had executed the same. (SEAL) STATE OF IDAHO,) ss: County of Ada, ) Notary Public for Idaho Residing at: My Commission Expires: VIAOn this day of ©CkoVwv , 2003, before me, the undersigned, a Notary Public, personally appeared 7e d William G. Berg, Jr., known or identified to me to be the cc�� it er , respectively, of the City of Meridian, who executed the instrument or�h prs ns f�ia executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. eee°°s°• .'gONS�`.� (SEAL) OT � f ° 1 ' • +19,ZC. O •.�OF19.• Notary Public for Idaho Residing at: 7440L CvGcw, Commission expires: 1( -2 -OS' Z:\Work\M\Meridian\Meridian 15360M\Bear Creek\october2003 ADDEND to Dev Agmt Aug 5 03.doc October 2003 Addendum to Development Agreement Dated August 5, 2003 (Bear Creek- AZ -99-010) PAGE 3 OF 3 October 17, 2003 MERIDIAN CITY COUNCIL MEETING October 21, 2003 APPLICANT ITEM NO. s REQUEST Continued from October 14, 2003: Ordinance No. Amending Ordinance 03-1033 Correcting the legal description for AZ 00-026 Bear Creek Subdivision 1 6 (fka / approved as Kodiak Development): AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Revised Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: � ►' i �� ,� Aly' vi-eci a "-ay-e,4 , ,�&i GLt(oc►u<.( Pe-fZaV Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Sharon Smith From: Bruce Freckleton [freckleb@meridiancity.org] Sent: Thursday, October 16, 2003 3:58 PM To: 'Marlene St. George'; Sharon Smith (E-mail) Cc: Bill Nichols (E-mail) Subject: RE: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt Marlene, The revised documents have been checked and approved by my office. The only thing that will need to be done is to attach the original exhibit map to the annexation ordinance. Sorry for the misunderstanding. Bruce -----Original Message ----- From: Marlene St. George [mailto:ms@WHITEPETERSON.com] Sent: Wednesday, October 08, 2003 4:33 PM To: 'freckleb@meridiancity.org' Cc: Bill Nichols Subject: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt Bruce, attached you will find the revised Annexation and Zoning Ordinance, Summary AZ Ordinance, summary cover letter, and an October 2003 Addendum to Development Agreement Dated August 5, 22003. If you would please review over all the documents, and the P & Z Department, we will then have covered all bases to make sure this matter has been taken care of in full. Upon approval of yourself and the P & Z Department, I will then proceed to send the documents on to the Clerk's office. In the meantime, I will wait to hear back from you. Thanks Bruce. Thank you, Marlene St. George Legal Assistant to Win. F. Nichols PfItite Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext. 111 ms@whitepeterson. com Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message Thank you 10/16/2003 Sharon Smith From: Marlene St. George [ms@WH ITE PETERSON. coml Sent: Tuesday, October 14, 2003 1:21 PM To: 'Will Berg; 'Sharon Smith; 'Tara Green'; 'Jessica Johnson' Cc: Bill Nichols Page 1 of 2 UIC JAL `i Subject: FW: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt As of today, I have heard nothing back from Bruce nor from P & Z on the above documents. I just wanted to keep you posted as to the status of this matter. Thank you, Alarlene St. George Legal Assistant to Il'm. F. Nicholl White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687--8402 208-466-9272 Ext. ]11 ms a whitepeterson. com RECEI EIVED OCT 14 2003 City Of Meridian. City Clerk Office Confidentiality= Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. if you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review,_ disclose. copy, or distribute this message. Thank you -----Original Message ----- From: Marlene St. George Sent: Wednesday, October 08, 2003 4:33 PM To: 'freckleb@meridiancity.org' Cc: Bill Nichols Subject: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt Bruce, attached you will find the revised Annexation and Zoning Ordinance, Summary AZ Ordinance, summary cover letter, and an October 2003 Addendum to Development Agreement Dated August 5, 22003. If you would please review over all the documents, and the P & Z Department, we will then have covered all bases to make sure this matter has been taken care of in full. Upon approval of yourself and the P & Z Department, I will then proceed to send the documents on to the Clerk's office. In the meantime, I will wait to hear back from you. Thanks Bruce. Thank you, Marlene St. George Legal Assistant to Wnr. F. Nichols White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext. 111 ms a whitepeterson. com 10/14/2003 W1 Page 2 of 2 Confidentiality Notice: This email message may contain confidential and privileged infonnation exempt from disclosure under applicable law. if you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message Thank you 10/14/2003 KEvIN E. Dwlus JULIP KLEIN FISCHER Wm. F. GIGRAY, In T. GUY HALLAM* JILL HOLINKA JILL HOLINKA D. SAMUEL JOHNSON WI.LwMA. MoRRow WILLIAM F. NICHOLS* CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. RossMAN TODD A. RossMAN TERRENCE R. WHITE** NICHOLAS L. WOLLEN William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 ATTORNEYS AT LAW 5700 E. FRANKLIN RD., S urrE 200 NAMPA, IDAHO 83653-8402 TEL (208) 466-9272 FAX (208) 466-4405 October 8, 2003 NAMPA OFFICE 5700 E. FRANKLP RD., SUITE200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO NAMPA OFFICE Re: Amended Ordinance No. 03-�, (BEAR CREEK, LLC) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the revised ordinance providing for an annexation and zoning ordinance for Bear Creek, LLC, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yours, Wm. F. Nichols Enclosure Z:\WOrk\M\Meridian\Meridian 15360NtBear Creek\Berg Sum Ord Ur 10 08 03.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 03- 1014q PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance amending Ordinance No. 03-1033 of the City of Meridian granting annexation and zoning for land owned by Bear Creek, LLC, to be a part of Bear Creek Subdivision, consisting of 5.4 acres and commonly located at 2435 South Meridian Road, Meridian, Idaho, with a zoning designation of R-8 Medium Density Residential; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land located in the NE '/ of the SE % of Section 24 T.3N., R.1 W. and the NW '/ of the SW '/ of Section 19, T.3N., R. l E., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the '/ corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02100'09" West, 191.70 feet; thence North 89°04'23" West, 131.39 feet to a point on the West right-of- way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01" West, 1217.23 feet to a point on the West boundary line of the NE % of the SE '/ of said Section 24; thence along said West boundary line North 01'01'59" East, 159.90 feet; thence leaving said West boundary line North 45055'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89010'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. BEAR CREEK, LLC AZ -99-010 flea KODIAK DEVELOPMENT PAGE 1 OF 2 A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the Z� day of (jC , 2003. OFRN a� F4 City of Meridian AL Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: 1()- 2(-D3 Adopted after first reading by suspension of tli�:F�a, lg$,allt3�wed pursuant to Idaho Code 50-902: YES j( NO Second Reading: — Third Reading: -- ZAWork\M\Meridian\Meridian 15360M\Bear Creek\SUM AZ Revised ORD 10 08 03.doc BEAR CREEK, LLC AZ -99-010 fka KODIAK DEVELOPMENT PAGE 2 OF 2 Sharon Smith From: Bruce Freckleton [freckleb@meridiancity.org] Sent: Thursday, October 16, 2003 4:18 PM To: 'Sharon Smith' Subject: RE: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt The correct one is the one that was included in the original ordinance. BF Pagel of 2 -----Original Message ----- From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Thursday, October 16, 2003 4:08 PM To: freckleb@meridiancity.org; Marlene St. George (E-mail) Subject: RE: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt is the map we had last week the correct one? -----Original Message ----- From: Bruce Freckleton [mailto:freckleb@meridiancity.org] Sent: Thursday, October 16, 2003 3:58 PM To: 'Marlene St. George'; Sharon Smith (E-mail) Cc: Bill Nichols (E-mail) Subject: RE: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt Marlene, The revised documents have been checked and approved by my office. The only thing that will need to be done is to attach the original exhibit map to the annexation ordinance. Sorry for the misunderstanding. Bruce -----Original Message ----- From: Marlene St. George [mailto:ms@WHITEPETERSON.com] Sent: Wednesday, October 08, 2003 4:33 PM To: 'freckleb@meridiancity.org' Cc: Bill Nichols Subject: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt Bruce, attached you will find the revised Annexation and Zoning Ordinance, Summary AZ Ordinance, summary cover letter, and an October 2003 Addendum to Development Agreement Dated August 5, 22003. If you would please review over all the documents, and the P & Z Department, we will then have covered all bases to make sure this matter has been taken care of in full. Upon approval of yourself and the P & Z Department, I will then proceed to send the documents on to the Clerk's office. In the meantime, I will wait to hear back from you. Thanks Bruce. Thank you, 10/16/2003 Page 2 of 2 Marlene St. George Legal Assistant to Wm. F. Nichols White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ert. III ms@whitepeterson.com Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message. Thank 10/16/2003 October 10, 2003 MERIDIAN CITY COUNCIL MEETING October 14, 2003 APPLICANT ITEM NO. rj REQUEST Ordinance No. Amending Ordinance 03-1033 Correcting the legal description for AZ 00-026 Bear Creek Subdivision No. 6 (fka /approved as Kodiak Development): 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: COMMENTS 1203 INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: / n OTHER: lak Contacted: -art ci-1 c� Date: (O -ID -03 Phone: Staff Initials: Materials presented at public meetings shall become property of the City o Meridian. .._.__ ... _ _ _ Tor The (1'eopfe o f Idaf.o 461 — September 23, 2003 STATE TA% COMMISSION 800 Perk Blvd., Plaza IV • Boise. ID 83722 Sharon Smith Deputy City Clerk 33 East Idaho Meridian, ID 83642 Subject: Ordinance No. Ord. 03-1033 MERIDIAN (CITY) Dear Ms. Smith: OCT 0 3 2003 City Of Meridian City Clerk Office The Tax Commission has received and reviewed the above referenced action. This review cannot be completed because it does not comply with legal description and mapping requirements. • Legal description does not match map. This annexation does not meet the requirements of Idaho Code, 63-215 or IDAPA 35.01.03.225.03 listed below. The following citations list and define the required actions: Idaho Code 63-215 requires: a. A copy of the legal description designating the boundaries, b. A map, prepared in a draftsman like manner, which plainly and clearly designates the boundaries, and c. Both the legal description and map must be submitted to the Tax Commission within ten (10) days of the effective date of the annexation. 2. IDAPA 35.01.03.225.03 defines a legal description to be a definite boundary which: a. Is described by metes and bounds, b. Can be mapped on a tax code area map, and c. Includes I. Section, Township, Range, and Meridian, ii. An initial point, iii. A true point of beginning, and iv. A closure accuracy of at least one (1) part in five thousand (5,000) IDAPA 35.01.03.225.04 defines a map prepared in a draftsman like manner as "an original graphic representation or precise copy matching the accompanying legal description and drafted to scale using standard mechanical drawing instruments or a computer." Before this annexation can be processed for the 2004 year, the discrepancies listed need to be corrected. Thank you for your attention to the required legal descriptions and mapping requirements. If you have any questions, please call me at (208) 334-7750. Sincer eff Se atius GIS Manager Technical Support Bureau, Idaho State Tax Commission CC: Robert McQuade, Ada County Assessor Dave Navarro, Ada County Clerk Equal Opportunity Emplover Hearing Impaired Callers TDD 1-800-377-3529 111� Pagel of 2 Sharon Smith From: Marlene St. George [ms@WHITEPETERSON.com] Sent: Tuesday, October 14, 2003 1:21 PM r-� l 1 To: 'Will Berg'; 'Sharon Smith; 'Tara Green'; 'Jessica Johnson' Cc: Bill Nichols Subject: FW: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt As of today, I have heard nothing back from Bruce nor from P & Z on the above documents. I just wanted to keep you posted as to the status of this matter. Thank you, Marlene St. George Legal Assistant to Will. E Nichols White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext. 111 ms@whitepeterson. com OCT 14 2003 City Of Meridian City Clerk Office Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake- please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message. Thank you -----Original Message ----- From: Marlene St. George Sent: Wednesday, October 08, 2003 4:33 PM To: 'freckleb@meridiancity.org' Cc: Bill Nichols Subject: Bear Creek Subdivision revised AZ Ord and October 2003 Addendum to Dev Agmt Bruce, attached you will find the revised Annexation and Zoning Ordinance, Summary AZ Ordinance, summary cover letter, and an October 2003 Addendum to Development Agreement Dated August 5, 22003. If you would please review over all the documents, and the P & Z Department, we will then have covered all bases to make sure this matter has been taken care of in full. Upon approval of yourself and the P & Z Department, I will then proceed to send the documents on to the Clerk's office. In the meantime, I will wait to hear back from you. Thanks Bruce. Thank you, Marlene St. George Legal Assistant to Wm. F. Nichols White Peterson 5700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext. Ill ms(J ,,whitepeterson. com 10/14/2003 e1 Page 2 of 2 Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake. please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message Thank you 10/14/2003 CITY OF MERIDIAN ORDINANCE NO. 03 - AN ORDINANCE AMENDING ORDINANCE NO. 03-1033 AN ORDINANCE AMENDING ORDINANCE NO. 03-1033 FINDING THAT CERTAIN LAND TO BE PART OF BEAR CREEK SUBDIVISION, AND THAT BEAR CREEK, LLC ARE OWNERS OF CERTAIN REAL PROPERTY LOCATED AT 2435 SOUTH MERIDIAN ROAD WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 1 OF 5 A parcel of land located in the NE % of the SE '/ of Section 24 T.3N., R. l W. and the NW '/ of the SW % of Section 19, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the '/ corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02°00'09" West, 191.70 feet; thence North 89104'23" West, 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01" West, 1217.23 feet to a point on the West boundary line of the NE % of the SE '/ of said Section 24; thence along said West boundary line North 01'01'59" East, 159.90 feet; thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). ANNEXATION AND ZONING ORDINANCE (tka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 2 OF 5 .-. SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to - wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 3 OF 5 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2003. MAYOR ATTEST: CITY CLERK First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: No: Second Reading: Third Reading: STATE OF IDAHO, ) ss. County of Ada. ) On this day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 4 OF 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: Z:\Work\M\Meridian\Meridian 15360M\Bear Creek\AZ revised Ord 10 08 03.doe ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 5 OF 5 n CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- City Council of the City of Meridian, on the da o of passed true the correct copy of the original of said document which is in he care, custody and control of he City Clerk of the City of Meridian. WILLIAM G. BERG, JR. STATE OF IDAHO, ) ss. County of Ada, ) On this day of , 2003, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires: ZAWork\M MeridianNeridian 15360M\Bear Creek\Cert Of Clerk revised Ord 10 08 03.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN BEAR CREEK, LLC AZ -99-010 flea KODIAK DEVELOPMENT PAGE 1 of 1 KEvIN E. DINIus JULIE KLEIN FISCHER WM. F. GIGRAY, IR T. GUY HALLAW JILL HOLINKA JILL HOLINKA D. SAMUEL JOHNSON WILLIAM A. MoRRow WILLIAM F. NICHOLS* CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. PHILIP A. PETERSON ERICA S. PHILLIPS ERIC S. RossMAN TODDA. RossMAN TERRENCE R. WHITE** NICHOLAS L. WOLLEN William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 ATTORNEYS AT LAW 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83653-8402 TEL (208) 466-9272 FAX (208) 466-4405 October 8, 2003 NAMPA OFFICE 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO NAMPA OFFICE Re: Amended Ordinance No. 03- , (BEAR CREEK, LLC) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the revised ordinance providing for an annexation and zoning ordinance for Bear Creek, LLC, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly yours, Wm. F. Nichols Enclosure Z:\WOrk\M\Meridian\Meridian 15360NtBear Creek\Berg Sum Ord Ur 10 08 03.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 03 - PROVIDING FOR AN ANNEXATION AND ZONINd ORDINANCE An Ordinance amending Ordinance No. 03-1033 of the City of Meridian granting annexation and zoning for land owned by Bear Creek, LLC, to be a part of Bear Creek Subdivision, consisting of 5.4 acres and commonly located at 2435 South Meridian Road, Meridian, Idaho, with a zoning designation of R-8 Medium Density Residential; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land located in the NE % of the SE % of Section 24 T.3N., R.1 W. and the NW % of the SW 1/ of Section 19, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the % corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89059'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); feet; thence along said East right-of-way line South 02°00'09" West, 191.70 thence North 89004'23" West, 131.39 feet to a point on the West right-of- way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86°18'31" West, 32.96 feet; thence North 89°09'01" West, 1217.23 feet to a point on the West boundary line of the NE 1/ of the SE 1/ of said Section 24; thence along said West boundary line North 01 °01'59" East, 159.90 feet; thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. BEAR CREEK, LLC AZ -99-010 fka KODIAK DEVELOPMENT PAGE 1 OF 2 A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of , 2003. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: ZAWork\M\MeridianNeridian 15360M\Bear Creek\SUM AZ Revised ORD 10 08 03.doc BEAR CREEK, LLC AZ -99-010 fka KODIAK DEVELOPMENT PAGE 2 OF 2 ADA COUNTY RECORDER J. DAVID NAVARRO 7 BOISE IDAHO 08/14/03 12:32 PM DEPUTY Michelle Turner Merid RECORanECityREQUEST OF AMOUNT .00 163137114 CITY OF MERIDIAN ORDINANCE NO. 03-e ?3 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE PART OF BEAR CREEK SUBDIVISION, AND THAT BEAR CREEK, LLC ARE OWNERS OF CERTAIN REAL PROPERTY LOCATED AT 2435 SOUTH MERIDIAN ROAD WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTIOIS 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land located in the NE '/4 of the SE '/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 1 OF 5 COMMENCING at the northeast corner of the SE %4 (East'/4 corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE'/4 to a point on the westerly right of way of the Kuna-Meridian Highway; Thence S 00°39'02" W 185.77 feet along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to the REAL POINT OF BEGINNING of this description; Thence N 89'27'12" W 821.92 feet to a point on the west line of the NE '/4 of the SE '/4; Thence S 00°45'52" W 95.51 feet along said west line to a point; Thence S 89°27'07" E 779.42 feet to a point; Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. EXCEPT: A parcel of land located in the NE '/4 of the SE '/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE '/4 (East '/4 corner) of Section 24, UN., R. l W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE 1/4 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00039'02" W 185.77 feet along said right of way to a point; Thence N 87008'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to a point; Thence N 2442'55" E 9.61 feet to a point; Thence N 48°33'22" E 243.90 feet to a point; ANNEXATION AND ZONING ORDINANCE (flea Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 2 OF 5 Thence N 85028'57" E 141.94 feet to a point on the north line of said SE %4; Thence S 89°27'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the J — day of and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 3 OF 5 days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to - wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2003. APP OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 457 day of J , 2003. * ATTEST:uME CyepaPORq BEAL CITY CLERK q TO First Reading: l� ' �3 �''% �O T J 5A Adopted after first reading by susps allowed pursuant to Idaho Code 50- 902 Yes:_ No: ''+++r+�►n,��n�� Second Reading: Third Reading: ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 4 OF 5 STATE OF IDAHO, ) ss. County of Ada. On this qk day of �i1.1 ' , 2003, before me/and e undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR., known to me to be the an Cit l rk respectively,of the CITY of Meridian, Idaho, TA�Cr1`�1 and who executed the within inst `men , an ac ' ow dged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®• ON S&* (SEAL) e ZG O: NOTARY PUBLIC FQR IDAHO RESIDING AT:aAz�nt.. J MY COMMISSION EXPIRE y�0 Z:\Work\M\Meridian\Meridian 15360M\Bear Creek\AZOrdnewLegallkaKodiak Development 07 25 03.doe ANNEXATION AND ZONING ORDINANCE (fka Kodiak Development - AZ -00-026) NOW FOR BEAR CREEK, LLC AZ -99-010 PAGE 5 OF 5 of-jo), w ® � r m �. LO LO °�t z W z Q I FM- 0 J z $ b'— o Q m U N 0 70 U) Cif G� Wo w a W U-0 (5r- Men Z Cn O o w ® � r m �. Z z Q I FM- 0 z $ b'— o Q Z U N 0 70 U) Cif G� Wo w a U-0 Z Cn LL N cu z 70 EE LLI Q � Y M ~ W � U o O N ch o o z 6 U J (n U m � O CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 03- /009 City Council of the City of Meridian, on the passed the �� day of .r � , 2003, is a true and correct copy of the original of said document which is in the care, ustody and control of the City Clerk of the City of Meridian. W,,,,,,,,,,�� Of M1EOr�,,�� F '� e EAL o WILLIAM G. BERG, JR. (zi Z7 STATE OF IDAHO, ) C li SOP County of Ada, ) On this Tt4 day of Lf Gtt , in the year _20V3 before me ha rr�n />� t G. BERG, JR., known or identified to me to be the City Clerk ofNotary City of Meridian, ahoth executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ®,%ago,• •• O N S •• •°• OT�p�ll' i (SEAL) • C%Oi s•o n %*• S)/? a, I fn sm, i-1, Notary Public for Idaho Commission Expires: -05- ZAW0rk\M\Meridian\Meridian 15360NMear Creek\CertificationOtClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN BEAR CREEK, LLC AZ -99-010 flea KODIAK DEVELOPMENT PAGE 1 of 1 August 1, 2003 AZ 99-010 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Queenland Acres, Inc. and Bear Creek, LLC ITEM NO. CM REQUEST June 2003 Addendum to Development Agreement: AZ 99-010 Queenland Acres, Inc. and Bear Creek, LLC. 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: COMMENTS See Attached Addendum CITY PARKS DEPT: Q �, MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: -Skt e , "LCL, Date: - 1 Phone: Emailed: 2AN% x LA�k Staff Initials: 4?4 Materials presented at public meetings shall become property of the City of Meridian. '1_1� _"*N Page 1 of 1 Sharon Smith From: Sharon Smith Sent: Tuesday, August 05, 2003 4:49 PM To: Steve Arnold (E-mail); Richard Cook (E-mail) Al' Subject: FW: Revised Development Agreement for Bear Creek, LLC fka Kodiak Development I tried to call Greg Johnson today on this revised DA -- left a couple messages. Will would prefer Mr. Johnson review this document and approve our swapping out pages or just sign the new document and we can provide a notary for him. Let us know! Thanks! Sharon 8/5/2003 Page 1 of 1 Sharon Smith From: Sent: To: Cc: Subject: Marlene St. George [ms@WHITEPETERSON.coml Tuesday, August 05, 2003 10:45 AM 'bergw@meridiancity.org; 'Sharon Smith'; 'Tara Green' 'Anna Powell'; 'Brad Hawkins -Clark; 'Jessica Johnson'; Bill Nichols Revised Development Agreement for Bear Creek, LLC fka Kodiak Development Importance: High Good morning. Pursuant to a telephone discussion with Anna Powell just a few minutes ago, please find attached a new, revised Development Agreement for Bear Creek, LLC fka Kodiak Development. Apparently, Bear Creek, LLC now has a post office address which is PO Box 344, Meridian, Idaho 83680. Therefore, I have so revised the Development Agreement to reflect Bear Creek's post office address within the Development Agreement on pages 1, 3 and 8. Sorry for any inconvenience this may cause, but hopefully, all you will need to do is exchange those three pages. If you have any questions, please give me a call. Thank you, Marlene St. George Legal Assistant White Peterson 5700 East Franklin Road, Smite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext. 111 ms *whitepeterson. com Confidentiality Notice: This email message may contain confidential and privileged infor nation exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message Thank you 8/5/2003 August 1, 2003 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Valley Shepherd Church of the Nazarene ITEM NO AZ 00-018 �-i REQUEST First Addendum to Exhibit "A" Legals of the Development Agreement: AZ 00-018 Valley Shepherd Church of the Nazarene: 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Addendum Contacted: cif kK, Aiu Date:Phone: Emailed:, ; Staff Initials: Materials presented at public meetings shall become property of the City oferidian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DDaus PmLIPA. PETERSON JULIE KLEIN FISCHER ERICA S. PHILLIPS WM. R MORAY, II ERIC S. RossMAN T. Guy HALLAM* TODD A. RossMAN JILL HoLINKA TERRENCE R. WHITE** D. SAMUEL JOHNSON NICHOLAS L. WoLLEN WI.LLaM A. MoRRow WILLIAM F. NICHOLS* CmsTopmm S. NYE *Also admitted in OR ** Also admitted in WA ATTORNEYS AT LAW July 21, 2003 NAWA OFFICE 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-8402 TEL. (208) 466-9272 FAX (208) 4664405 KECEIVED JUL 2 12003 William G. Berg, Jr., City Clerk City Of Meridian MERIDIAN CITY HALL City Clerk Office 33 East Idaho Meridian, Idaho 83642 Re: BEAR CREEK, LLC (formerly KODIAK DEVELOPMENT) REVISED DEVELOPMENT AGREEMENT TO SHOW NEW OWNERSHIP OF BEAR CREEK, LLC FROM KODIAK — JIM JEWETT CASE NO. AZ -00-026 Dear Will: Please find enclosed the original of the revised Development Agreement showing Bear Creek, LLC, and which Development Agreement was for Kodiak Development, Jim Jewett Owner/Developer. The ownership has been changed from Kodiak Development — Jim Jewett, to Bear Creek, LLC, and a new Development Agreement has been prepared to reflect this change in ownership. The Annexation and Zoning Findings of Fact have already been approved. This new, revised Development Agreement will now need the owners/developers signature, and therefore may now be submitted to Bear Creek, LLC to obtain their appropnate signatures. Since Council has previously approved the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit `B". Very truly yours, Wm. F. Nichols Z:\Work\M\Meridian\Meridian 15360M\Kodiak AZ026\Berg revised DA with ownership of Bear Creek Ltr 07 21 03.doc August 1, 2003 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Bear Creek LLC AZ 00-026 ITEM NO. V_' REQUEST Development Agreement: Request for Annexation and zoning of 5.4 acres from RT to R-8 zones for a proposed planned development for proposed Bear Creek Subdivision No. 6 (fka / approved as Kodiak Development) — west of S. Meridian Road, 1/2 mile south of Overland Rd. 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Attached Agreement OTHER: Contacted: 'S k11,0A Date: L( -0s L(-0sPhone: Emailed: VX& Staff Initials: Materials presented at public meetings shall become property of the City of! eridian. nun WUNi T KECORDER J. DAVID NAVARRO BOISE IDAHO 08/14/03 12:32 PM 7 DEPUTY Michelle Turner RECORMeridian ry AMOUNT OF .00 103137112 III III JUNE 2003 ADDENDUM TO DEVELOPMENT AGREEMENT The following is an June 2003 Addendum to that certain Development Agreement by and between the City of Meridian, a municipal corporation of the State of Idaho, and Queenland Acres, Inc., Owner, whose address is 670 W. Victory, Meridian, Idaho, and Bear Creek, L.L.C., Developer, whose address is PO Box 344, Meridian, Idaho 83680, and which Development Agreement is dated the 20th day of June, 2000, and the October 2001 Addendum entered into on the 31St day of October, 2001, and this Addendum entered into this 2nd day of July, 2003, specifically is subsequent to the entering into of the original Development Agreement. This June 2003 Addendum specifically pertains to the Exhibit "A" legals. The parties hereto agree as follows: A. The Development Agreement dated June 20, 2000, as it pertains to Exhibit "A" legals, is amended to read: EXHIBIT "A" Legal Description Of Property A parcel of land lying in the E 2 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of the E 2 of Section 24, T. 3N., R. 1 W., B.M., the REAL POINT OF BEGINNING of this description. Thence N 00°51'45" E 2656.10 feet along the west line of the E 2 of said Section 24, being the centerline of S. Stoddard Road, to the southwest corner of the NE 1/4 of said Section 24; Thence N 00°51'53" E 1881.43 feet along the west line of the NE 1/4 of said Section 24 and the centerline of S. Stoddard Road to a point; Thence S 89°46'45" E 1706.88 feet to a point on the centerline of the Kennedy Lateral, also being the northwest corner of Elk Run Subdivision; Along the centerline of the Kennedy Lateral, and the westerly boundary of Elk Run Subdivision and Elk Run Subdivision No. 2; Thence S 05°05'50" W 290.43 feet to a point; Thence S 05°46'22" W 496.02 feet to a point; Thence along a curve to the left 163.76 feet, said curve having a delta angle of 46°54'45", radius of 200.00 feet, tangents of 86.78 feet, and a long chord bearing S 17°41'01" E 159.22 feet to a point; Thence S 41'08'23" E 989.03 feet to a point; Thence S 30°37'30" E 13 9. 10 feet to a point; Leaving said centerline and boundary; Thence S 32017'30" E 117.64 feet to a point on the north line of the SE 1/4 of said Section 24; Thence N 89°27'07" W 1177.57 feet along the north line of the SE 1/4 of said Section 24 to the northeast corner of the NW 1/4 of the SE 1/4 of said Section 24; Thence S 00°45'52" W 1076.81 feet along the east line of the NW 1/4 of the SE 1/4 of said Section 24 to a point; Thence S 85°12'02" W 266.72 feet to a point; Thence S 05032'58" W 422.82 feet to a point; Thence S 00046'44" W 232.28 feet to a point; Thence S 20'l 0'06" E 113.21 feet to a point; Thence S 29°35'11" E 132.19 feet to a point; Thence S 00'12'00" W 190.85 feet to a point; Thence S 08°35'44" E 203.05 feet to a point; Thence S 04°03'12" W 266.88 feet to a point on the north right-of-way of W. Victory Road; Thence S 00°38'53" W 25.00 feet to a point on the south line of the SE 1/4 of said Section 24 and the centerline of W. Victory Road; Thence N 89°21'07" W 1145.51 feet along the south line of the SE 1/4 of said Section 24 and the centerline of W. Victory Road to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 154.03 acres, more or less. LWL L A parcel of land located in the NE '/4 of the SE '/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE '/4 (East'/4 corner) of Section 24, T.,3N., R. 1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE '/4 'o a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence N 89°27'07" W 1221.56 feet along said north line to a point; Thence S 45°39'22" W 40.10 feet to a point on the west line of the NE '/4 of the SE '/4; Thence S 00°45'52" W 156.19 feet along said west line to a point; Thence S 89'27'12" E 1217.90 feet to a point; Thence S 87°08'00" E 32.35 feet to a point on the westerly right of way of the Kuna-Meridian Highway; Thence N 00°39'02" E 185.77 feet along said right of way to the REAL POINT OF BEGINNING of this description. This parcel contains 5.285 acres, more or less. FRO 7 A parcel of land located in the NE '/4 of the SE '/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE '/4 (East'/4 corner) of Section 24, T.3N., R.1 W., B.M., thence N 89°27'07" W 1314.86 feet along the north line of said SE '/4 to the northwest corner of the NE '/4 of the SE '/4 , the REAL POINT OF BEGINNING of this description; Thence S 89°27'07" E 28.30 feet along said north line of the NE'/4 of the SE 1/4 to a point; Thence S 45°39'22" W 40.10 feet to a point on the west line of the NE'/4 of the SE '/4; Thence N 00°45'52" E 28.30 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 0.009 acres, more or less. AND A parcel of land located in the NE %4 of the SE V4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE '/4 (East'/4 corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE %4 to a point on the westerly right of way of the Kuna-Meridian Highway; Thence S 00°39'02" W 185.77 feet along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to the REAL POINT OF BEGINNING of this description; Thence N 89'27'12" W 821.92 feet to a point on the west line of the NE '/4 of the SE '/4; Thence S 00°45'52" W 95.51 feet along said west line to a point; Thence S 89°27'07" E 779.42 feet to a point; Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. EXCEPT: A parcel of land located in the NE %4 of the SE '/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE '/4 (East'/4 corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE '/4 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00°39'02" W 185.77 along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89027'12" W 395.98 feet to a point; Thence N 24°42'55" E 9.61 feet to a point; Thence N 48033'22" E 243.90 feet to a point; Thence N 85°28'57" E 141.94 feet to a point on the north line of said SE 1/4; Thence S 89°27'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. B. It is agreed between the "City" and "Owner" and "Developer" that the development project of Bear Creek, LLC shall be fully incorporated into the original development agreement with Bear Creek, LLC, Developer, and Queenland Acres, Inc., Owner, and shall include the original conditions and the specific uses that were allowed within the original development agreement, and shall apply to the Bear Creek, LLC project, Case No. AZ - 99 -010. C. Except as modified by the October 2001 Addendum to Development Agreement, the original Development Agreement between the parties dated June 20, 2000, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this �``� day of 2003. IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. DEVELOPER: BEAR CREEK, L.L.C., ATTEST: BY: Cr Groves, Member ATTEST: Carol Lotspeich, Sec tary ATTEST: City Clerk STATE OF IDAHO County of Ada, OWNER: QUEENLAND ACRES, INC. CITY OF MERIDIAN IM G� o�oaq 76c 90 GST t s c 0 ss: q Cou Ci� Cf7dyihCl� /i^��r � On this day of „� , 2003, before me, a Notary Public, personally appeared Greg Johnson and Craig Groveg-,Ahembers of Bear Creek, L.L.C., known or identified to me to be one of the members of the Limited Liability Company who executed the instrument and the member who subscribed said Limiter; Liability Company and acknowledged to me that such Limited Liability Company had executed the same. e'0listaI 49J P L. B AL °. ) •• ,c' O'SARI' S• - - ® We G - •: PUTE 0 B�'� r Not ry Public for Ida o Residing at: J My Commissi n Expires: ,1p pF STATE OF IDAHO ss: County of Ada, On this Q day of 7Lj y , 2003, before me, a Notary Public, personally appeared Theron Scott and Car—of Lotspeich, known or identified to me to the President and Secretary of Queenland Acres, Inc., who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. ,�+ '�p111Uq/01 �5��'• �ypTA1Q p ••• � - �'� * Nota Public for Idaho a* •;• �°UBL1G .'� �� Residing at: ® My Commis Expires: © > _ ,35 STATE OF IDAHO : ss: County of Ada, On this` day of G( (,� , 2003, before me, the undersigned, a Notary Public, personally appeared �el� an William G. Berg, Jr., known or identified to me to be the �' d Ci Clerk breve y � City Jf, �,p h' pl ,oft e Ci of Meridian, who executed the instrument or the persons a executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ■B•p AT — • w ' O OF ••an*%% Notary Public for Idaho Residing at:W/ yl: Commission expires: Z:\Work\M\Neridian\Meridian 15360M\Bear Creek\June 2003 Addendum to Dev Agmt 06 16 03.doc nun t"I" r KWORDER J. DAVID NAVARRO BOISE IDAHO 08/14/03 PM 5 DEPUTY Michelle Turn MeridaDnEC ryREQUEST Or III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII �'�� AMOUNT o0 103137111 FIRST ADDENDUM TO EXHIBIT "A" LEGALS, OF ' ih DEVELOPMENT AGREEMENT (CASE NO. AZ -00-018) The following is an addendum to that certain Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene, Inc., Owner/Developer, specifically to the Exhibit "A", which is subsequent to the entering into of the original Development Agreement dated January 19, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101015259. The parties hereto agree as follows: A. The Development Agreement dated January 19, 2001, as it pertains to Exhibit "A" legal description, is amended to read: EXHIBIT "A" Legal Description Of Property A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast one-quarter of said Section 24, thence along the easterly line of said SE one-quarter S 00°-37'-31" W a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 870-08' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'-30" West a distance of 1231.55 feet, more or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-01" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one- quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ -00-018) PAGE 1 of 5 Thence along the easterly line of the Northeast one-quarter of the Southeast one- quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of-way and easements. AND A parcel of land located in the NE '/4 of the SE %4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE '/4 (East '/4 corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE '/4 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00039'02" W 185.77 along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to a point; Thence N 24°42'55" E 9.61 feet to a point; Thence N 48°33'22" E 243.90 feet to a point; Thence N 85°28'57" E 141.94 feet to a point on the north line of said SE %4; Thence S 89027'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. EXCEPT: A parcel of land located in the NE '/4 of the SE '/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE %4 (East'/4 corner) of Section 24, T. 3N., R.1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE '/4 to a point on the westerly right of way of the Kuna-Meridian Highway; FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ -00-018) PAGE 2 of 5 Thence S 00°39'02" W 185.77 feet along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; 1, Thence N 89'27'12" W 395.98 feet to the REAL POINJ3 OF BEGINNING of this description; Thence N 89'27'12" W 821.92 feet to a point on the west line of the NE '/4 of the SE '/4; Thence S 00°45'52" W 95.51 feet along said west line to a point; Thence S 89°27'07" E 779.42 feet to a point; Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. B. It is agreed between the "City" and "Owner" and "Developer" that the development project of Valley Shepherd Church of the Nazarene, Inc. shall be fully incorporated into the original development agreement with Valley Shepherd Church of the Nazarene, Inc., Owner/Developer, and shall include the original conditions and the specific uses that were allowed within the original development agreement, and shall apply to the Valley Shepherd Church of the Nazarene, Inc. project, Case No. AZ -00-018. C. Except as modified by this First Addendum, the Development Agreement between the parties dated January 19, 2003, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this -2 -?2( day of 2003. CITY OF MERIDIAN BY: FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ -00-018) PAGE 3 of 5 Attest: BY:�-.- _ COyvClerk = STEAL 7 0��`: VA LLE�Q>EIOF THE NAZARENE INC. _.54'.P-4ftzx7 Attest: IM STATE OF IDAHO, ) ss. County of Ada, On thish day of , 2003, before me, a Notary Public, in and for the said state, personally appeared,.'. and William G. Berg, Jr., known or identified to me to be the Mi�y+er and it -,.errK res ec �1 y, of the City of Meridian, who executed the instrument or th-%4' sonthat�it�'ed the instrument of behalf of said City, and acknowledged to me that such City executed the same. .•°®°®•. •'• ON Ste•. (SEAL) pT;r�: YIG'� GU 771 • ■ Notary Public for Idaho D � � ■ c ® Residing at: �. Commission Expires: 05 ••�'EOFIp.• FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ -00-018) PAGE 4 of 5 ,—., STATE OF IDAHO, ) ss. County of Ada, ) On thisa 3 �� day of J ,,`� ti , 2003, before me, 0, E o r a Notary Public in and for said state, personally appeared - A , a ow n, a and known or identified to me to be the l�� s �- and of Valley Shepherd Church of the Nazarene, Inc., and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said Valley Shepherd Church of the Nazarene, Inc. w: T OS w (SEAL j'UBLG Notary Public for Idaho °®e•° °°.•• o Residing at: r ®FSA �� Commission E pi s: 3c) tea' ZAWorkU"eridian\Meridian 15360NMazareneChurchAZO18\ADDENDUMtoDevAgmt.doc FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ -00-018) PAGE 5 of 5 ADA COUNTY RECORDER J. DAVID Ni. .RO 30 BOISE IDAHO 08/14103 12:32 PM DEPUTY Michelle Turner Mend anEC REQUEST OF AMOUNT .00 103137113 DEVELOPMENT AGREEMENT Revised July 11, 2003 (Ownership Change from Kodiak (Jim Jewett) to Bear Creek, LLC) PARTIES: 1. City of Meridian 2. Bear Creek, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement'), is made and entered into this 51� day of <f , 2003, by and between CITY OF MERIDIAN, a municipal corporation 9 the State of Idaho, hereafter called "CITY", and BEAR CREEK, LLC, an Idaho Limited Liability Company, hereinafter called "OWNER/DEVELOPER", whose address is P.O. Box 344, Meridian, Idaho 83680. RECITALS: 1.1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of R-8 Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ -00-026) -I Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 9�-ddaY of , 2001, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner/Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. DEVELOPMENT AGREEMENT (AZ -00-026) - 2 r NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Bear Creek, LLC, an Idaho Limited Liability Company, whose address is P.O. Box 344, Meridian, Idaho 83680, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a possible planned unit development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" is required to submit to "City" an application for conditional use permit, and shall be required to obtain the DEVELOPMENT AGREEMENT (AZ -00-026) - 3 "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 6.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 6.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 6.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 6.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 6.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 6.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 6.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at DEVELOPMENT AGREEMENT (AZ -00-026) - 4 build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required -to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows: 6.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion DEVELOPMENT AGREEMENT (AZ -00-026) - 5 thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior DEVELOPMENT AGREEMENT (AZ -00-026) - 6 r to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ -00-026) - 7 CITY: C/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 ,—. OWNER/DEVELOPER: Bear Creek, LLC, an Idaho Limited Liability Company P.O. Box 344 Meridian, Idaho 83680 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole DEVELOPMENT AGREEMENT (AZ -00-026) - 8 and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-026) - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: BY RESOLUTION NO. CITY OF MERIDIAN Attest: CLERK BY RESOLUTION NO. BEAR CREEK, LLC, an Idaho Limited Liability Company BY: of = SEAL �0,,� sT i s1 • PCO �� DEVELOPMENT AGREEMENT (AZ -00-026) - 10 STATE OF IDAHO ) ss COUNTY OF ADA On this day of %,{ - , in the year 2003, before me, S"(YVl - yvU+LZ) a Notary Public, personally appeared C-hre,cq S0kV&Vt_- and members of Bear Creek, LLC, an Idaho Limited Liability Company, known or identified to me to be one of the members of the Limited Liability Company who executed the instrument and the member who subscribed said Limited Liability Company and acknowledge to me that such Limited Liability Company having executed the same. cam,%�'� (SEAL) Notary Public for Idaho Commission expires:_ STATE OF IDAHO ) ss County of Ada On this ` ( 4k day of A,uc= �sii , in the year 2003, before me, a Notary Public, personally appeared ' and�William G. Berg, know or identified to me to be the �aPd er, , resp tiveiy, of the City of Meridian, who executed the i o t e person t�iat executed the instrument of behalf of said City, and acknowle�d t�_ WN40 City executed the same. a Y p $v � (SEAL) V �q�' Notary Public for Idaho STATE �•••� Commission expires: 91-2-0164 Z:\Work\M\Meridian\Meridian 15360NModiak AZ026\Deve1opAgr.doc DEVELOPMENT AGREEMENT (AZ -00-026) - 11 100� EXHIBIT A Legal Description Of Property A parcel of land located in the NE '/ of the SE '/ of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the northeast corner of the SE % (East % corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE '/ to a point on the westerly right of way of the Kuna-Meridian Highway; Thence S 00°39'02" W 185.77 feet along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to the REAL POINT OF BEGINNING of this description; Thence N 89'27'12" W 821.92 feet to a point on the west line of the NE '/ of the SE y. Thence S 00045'52" W 95.51 feet along said west line to a point; Thence S 89°27'07" E 779.42 feet to a point; Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. EXCEPT: A parcel of land located in the NE % of the SE % of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE % (East '/ corner) of Section 24, T.3N., R. l W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE 1/4 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00°39'02" W 185.77 feet along said right of way to a point; DEVELOPMENT AGREEMENT (AZ -00-026) - 12 Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to a point; Thence N 24°42'55" E 9.61 feet to a point; Thence N 48°33'22" E 243.90 feet to a point; Thence N 85°28'57" E 141.94 feet to a point on the north line of said SE '/; Thence S 89°27'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. DEVELOPMENT AGREEMENT (AZ -00-026) - 13 EXHIBIT B FindinEs of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ -00-026) - 14 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HUBBLE ENGINEERING, THE APPLICATION FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR IEODIAIC DEVELOPMENT, LOCATED WEST OF MERIDIAN ROAD 1/2 MILE SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO QC 03-20-01 Case No. AZ -00-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 20, 2001, and continued until March 6, 2001 and March 20, 2001, at the hour of 7:30 p.m., and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Jim Jewett, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ {AZ -00-026} Page l FINDINGS OF FACT 1. The notice of public -hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 20, 2001, and continued until March 6, 2001 and March 20, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (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 20, 2 00 1, and continued until March 6, 2001 and March 20, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and 'submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 5.4 acres in size and is located west of Meridian Road 1/z mile south of Overland Road. The property is designated as Kodiak Development. Idaho. 6. The owner of record of the subject property is the Jim Jewett, of Boise, 7. Applicant is Hubble Engineering, Inc., of Meridian, Idaho. 8. The property is presently zoned by Ada County as RUT, and consists of Residential. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north and west by R-4 residential zoning and subdivisions, to the south by the proposed Valley Shepherd Church, zoned R-8, and to the east by RUT Ada County zoning with a single family residential use and heavy truck parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: a possible planned unit development. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING ICODIAK DEVELOPMENT/ (AZ -00-026) --r 16.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 16.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 16.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the churcb/planned development to the south and the single-family residential to the north. 16.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 16.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 16.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAIC DEVELOPMENT / (AZ -00-026) sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 16.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAAK DEVELOPMENT/ (AZ -00-026) potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single-family residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING ICODIAK DEVELOPMENT/ (AZ -00-026) Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW I . The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § I 1-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted FINDINGS OF FACT AND CO CLUSIONS OF LAW - Page 8 AND DECISION AND ORDER RANTING APPLICATION FOR ANNEXATION AND ZO NG/BY HUBBLE ENGINEERING KODIAIC DEVELOPMENT / ( -00-026) December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 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, 4.3 To encourage the Lund 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. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a possible planned unit development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Cito Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section I 1-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING ICODIAIC DEVELOPMENT/ (AZ -00-026) 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. The applicant's request for annexation and zoning of approximately 5.4 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.4 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 3.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAI( DEVELOPMENT/ (AZ -00-026) allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 3.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 3.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 3.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 3.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 3.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING I<ODIAK DEVELOPMENT/ (AZ -00-026) required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 3.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the r./ 12,13 day of , 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBE T D+CO E (TIE BREAKER) DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) VOTED VOTED jA-.L- VOTED_O.� VOTED_z� VOTED Page MOTION: APPROVED. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. 10-4 vllDateCity Clerk. I/ d:��Or ZAW0rk\"eridian\Meridian 15360M\Kodiak AZ026WZFfcls0rder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ -00-026) Sgett��a,�Nftifh 4t 6- 'AL s, my 0 Page August 1, 2003 AZ 00-026 MERIDIAN CITY COUNCIL MEETING August 5, 2003 APPLICANT Bear Creek LLC ITEM NO. A f REQUEST Ordinance No. Request for Annexation and zoning of 5.4 acres from RT to R-8 zones for a proposed planned development for proposed Bear Creek Subdivision No. 6 (fka / approved as Kodiak Development) -- west of S. Meridian Road, 1/2 mile south of Overland Rd. 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Ordinance / Summary 133 0iPr t�� Contacted: "- a Date: S - Phone: Emailed: .ei ' lz'-k Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS PHILIP A. PETERSON JULIE KLEIN FISCHER ERICA S. PHILLIPS Wm. F. GIGRAY, III ERIC S. ROSSMAN T. Guy HALLAM* TODD A. RossMAN JILL HOLINKA TERRENCE R. WHITE** D. SAMUELJOHNSON NICHOLAS L. WOLLEN WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE *Also admitted in OR ** Also admitted in WA ATTORNEYS AT LAW July 25, 2003 NAMPA OFFICE 5700 E. FRANKLIN RD., SurrE 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 4664405 RECEIVED William G. Berg, Jr., City Clerk JUL 2 5 2003 MERIDIAN CITY HALLOf Meridian 33 East Idaho City City Clerk Office Meridian, Idaho 83642 Re: BEAR CREEK, LLC. / AZ ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ -99-010 Dear Will: Please find enclosed the originals of the AZ Ordinance, Certification of the Clerk, AZ Summary Ordinance and summary cover letter for this annexation and zoning for Bear Creek, LLC to the City of Meridian. This project was formerly known as Kodiak Development, but Kodiak Development has since sold the property to Bear Creek, LLC. The ordinance is now ready for placement upon a Council meeting agenda. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Z:\Work\M\Meridian\Meridian 15360WBear Creek\ORD and SUM ORD Clerk Lu 07 25 03.doc WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEvw E. Dwius Pimp A. PErERSON JuLIE KLEIN FISCHER ERICA S. Main Wm. F. GtGRAY, In ERic S. RossMAN T. GUY HALLAM* TODD A. RossMAN Jn,L HOLINKA TERRENCE R. WHITE" JILL HouNKA NICHOLAS L. WOLLEN D.SAmfuELJorwsoN WtLLiAM A. MoRRow Wu,uAM F. NICHOLst CHRISTOPHER S. NYE *Also admitted in OR " Also admitted in WA William G. Berg, Jr. City of Meridian 33 E.Idaho Meridian, Idaho 83642 ATTORNEYS AT LAW 5700 E. FRANKLnv RD., SurrE 200 NAMPA, IDAHO 83653-8402 TEL (208) 466-9272 FAX (208) 4664405 July 25, 2003 NAMPA OFFICE 5700 E. FRANKLiN RD., SurrE 200 NAMPA, IDAHO 83653-8402 TEL. (208) 466-9272 FAX (208) 466-4405 Re: Ordinance No. 03- IC'33 , (BEAR CREEK, LLC) Summary of Publication Dear Will: PLEASE REPLY TO NAMPA OFFICE Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Bear Creek, LLC, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Very truly you , - WAm.. Nic ols Enclosure Z:\Work\M\Meridian\Meridian 15360M)Bear Creek\Berg Sum Ord Ur 07 25 03.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 03 - PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Bear Creek, LLC, to be a part of Bear Creek Subdivision, consisting of 5.4 acres and commonly located at 2435 South Meridian Road, Meridian, Idaho, with a zoning designation of R-8 Medium Density Residential; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land located in the NE '/4 of the SE '/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the northeast corner of the SE '/4 (East '/4 corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE '/4 to a point on the westerly right of way of the Kuna-Meridian Highway; Thence S 00°39'02" W 185.77 feet along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to the REAL POINT OF BEGINNING of this description; Thence N 89'27'12" W 821.92 feet to a point on the west line of the NE '/4 of the SE '/4; Thence S 00°4552" W 95.51 feet along said west line to a point; Thence S 89°27'07" E 779.42 feet to a point; Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. EXCEPT: A parcel of land located in the NE '/4 of the SE 1/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: BEAR CREEK, LLC AZ -99-010 fka KODIAK DEVELOPMENT PAGE 1 OF 2 Commencing at the northeast corner of the SE 1/4 (East 1/4 corner) of Section 24, T.3N., R.1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE 1/4 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00°39'02" W 185.77 feet along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to a point; Thence N 24°42'55" E 9.61 feet to a point; Thence N 48°33'22" E 243.90 feet to a point; Thence N 85°28'57" E 141.94 feet to a point on the north line of said SE 1/4; Thence S 89°27'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of IZACf E- , 2003. •` G��tPORA TFO City of Meridian - �+ AL - Mayor and City Council,O, By: William G. Berg, Jr., City Clerk %'9p �Sr iso • PR4.�` First Reading: 5 C3 Adopted after first reading by suspension of 0 %0 pursuant to Idaho Code 50-902: YES )C NO Second Reading: Third Reading: ZAWork\M\Meridian\Meridian 15360M\Bear Creek\SUMANNEXZONGORD.doc BEAR CREEK, LLC AZ -99-010 fka KODIAK DEVELOPMENT PAGE 2 OF 2 nun tou"I r rtESORDER J. DAVID NAVARRO BOISE IDAHO 08/14/03 12:32 PM 7 DEPUTY Michelle Turner RECORED n ty AMOUNT 00 103137112 IIII'll JUNE 2003 ADDENDUM TO DEVELOPMENT AGREEMENT The following is an June 2003 Addendum to that certain Development Agreement by and between the City of Meridian, a municipal corporation of the State of Idaho, and Queenland Acres, Inc., Owner, whose address is 670 W. Victory, Meridian, Idaho, and Bear Creek, L.L.C., Developer, whose address is PO Box 344, Meridian, Idaho 83680, and which Development Agreement is dated the 20th day of June, 2000, and the October 2001 Addendum entered into on the 31" day of October, 2001, and this Addendum entered into this 2nd day of July, 2003, specifically is subsequent to the entering into of the original Development Agreement. This June 2003 Addendum specifically pertains to the Exhibit "A" legals. The parties hereto agree as follows: A. The Development Agreement dated June 20, 2000, as it pertains to Exhibit "A" legals, is amended to read: EXHIBIT "A" Legal Description Of Property A parcel of land lying in the E 2 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of the E 2 of Section 24, T. 3N., R. 1 W., B.M., the REAL POINT OF BEGINNING of this description. Thence N 00051'45" E 2656.10 feet along the west line of the E 2 of said Section 24, being the centerline of S. Stoddard Road, to the southwest corner of the NE 1/4 of said Section 24; Thence N 00°51'53" E 1881.43 feet along the west line of the NE 1/4 of said Section 24 and the centerline of S. Stoddard Road to a point; Thence S 89°46'45" E 1706.88 feet to a point on the centerline of the Kennedy Lateral, also being the northwest corner of Elk Run Subdivision; Along the centerline of the Kennedy Lateral, and the westerly boundary of Elk Run Subdivision and Elk Run Subdivision No. 2; Thence S 05°05'50" W 290.43 feet to a point; Thence S 05°46'22" W 496.02 feet to a point; Thence along a curve to the left 163.76 feet, said curve having a delta angle of 46°54'45", radius of 200.00 feet, tangents of 86.78 feet, and a long chord bearing S 17°41'01 " E 159.22 feet to a point; Thence S 41'08'23" E 989.03 feet to a point; Thence S 30°37'30" E 139.10 feet to a point; Leaving said centerline and boundary; Thence S 32°17'30" E 117.64 feet to a point on the north line of the SE 1/4 of said Section 24; Thence N 89°27'07" W 1177.57 feet along the north line of the SE 1/4 of said Section 24 to the northeast corner of the NW 1/4 of the SE 1/4 of said Section 24; Thence S 00°45'52" W 1076.81 feet along the east line of the NW 1/4 of the SE 1/4 of said Section 24 to a point; Thence S 85°12'02" W 266.72 feet to a point; Thence S 05°32'58" W 422.82 feet to a point; Thence S 00°46'44" W 232.28 feet to a point; Thence S 20'l 0'06" E 113.21 feet to a point; Thence S 29°35'11" E 132.19 feet to a point; Thence S 00'12'00" W 190.85 feet to a point; Thence S 08°35'44" E 203.05 feet to a point; Thence S 04°03'12" W 266.88 feet to a point on the north right-of-way of W. Victory Road; Thence S 00°38'53" W 25.00 feet to a point on the south line of the SE 1/4 of said Section 24 and the centerline of W. Victory Road; Thence N 89°21'07" W 1145.51 feet along the south line of the SE 1/4 of said Section 24 and the centerline of W. Victory Road to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 154.03 acres, more or less. ►1011; A parcel of land located in the NE 1/4 of the SE '/a of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE '/4 (East'/4 corner) of Section 24, T.,3N., R. 1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE ''/4 `o a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence N 89°27'07" W 1221.56 feet along said north line to a point; Thence S 45°39'22" W 40.10 feet to a point on the west line of the NE '/4 of the SE 1/4; Thence S 00°45'52" W 156.19 feet along said west line to a point; Thence S 89'27'12" E 1217.90 feet to a point; Thence S 87°08'00" E 32.35 feet to a point on the westerly right of way of the Kuna-Meridian Highway; Thence N 00°39'02" E 185.77 feet along said right of way to the REAL POINT OF BEGINNING of this description. This parcel contains 5.285 acres, more or less. AND A parcel of land located in the NE %4 of the SE 1/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE '/4 (East 1/4 corner) of Section 24, T.3N., R.1 W., B.M., thence N 89°27'07" W 1314.86 feet along the north line of said SE 1/4 to the northwest corner of the NE '/4 of the SE 1/4 , the REAL POINT OF BEGINNING of this description; Thence S 89°27'07" E 28.30 feet along said north line of the NE 1/4 of the SE 1/4 to a point; Thence S 45°39'22" W 40.10 feet to a point on the west line of the NE 1/4 of the SE 1/4; Thence N 00°45'52" E 28.30 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 0.009 acres, more or less. AND A parcel of land located in the NE 1/4 of the SE 1/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE 1/4 (East 1/4 corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE 1/4 to a point on the westerly right of way of the Kuna-Meridian Highway; Thence S 00°39'02" W 185.77 feet along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to the REAL POINT OF BEGINNING of this description; Thence N 89'27'12" W 821.92 feet to a point on the west line of the NE 1/4 of the SE 1/4; Thence S 00'45'52" W 95.51 feet along said west line to a point; Thence S 89°27'07" E 779.42 feet to a point; Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. EXCEPT: A parcel of land located in the NE 1/4 of the SE 1/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE 1/4 (East 1/4 corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE 1/4 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00°39'02" W 185.77 along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to a point; Thence N 24°42'55" E 9.61 feet to a point; Thence N 48°33'22" E 243.90 feet to a point; Thence N 85°28'57" E 141.94 feet to a point on the north line of said SE 1/a; Thence S 89°27'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. B. It is agreed between the "City" and "Owner" and "Developer" that the development project of Bear Creek, LLC shall be fully incorporated into the original development agreement with Bear Creek, LLC, Developer, and Queenland Acres, Inc., Owner, and shall include the original conditions and the specific uses that were allowed within the original development agreement, and shall apply to the Bear Creek, LLC project, Case No. AZ - 99 -010. C. Except as modified by the October 2001 Addendum to Development Agreement, the original Development Agreement between the parties dated June 20, 2000, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED thist day of '� , 2003. IN WITNESS WHEREOF, the parties shave herein executed this addendum and made it effective as hereinabove provided. DEVELOPER: BEAR CREEK, L.L.C., IM ATTEST: BY: Cra' Groves, Member OWNER: QUEENLAND ACRES, INC. -1 ATTEST: Carol Lotspeich, Sec tary CITY OF MERIDIAN IC ATTEST: City Clerk STATE OF IDAHO County of Ada, G ORPOR,q �, TF BEAL � O 90 -r i si • ` fJ Lou On this day of y , 2003, before me, a Notary Public, personally appeared Greg Johnson and Craig Groves; rhembers of Bear Creek, L.L.C., known or identified to me to be one of the members of the Limited Liability Company who executed the instrument and the member who subscribed said Limiter; Liability Company and acknowledged to me that such Limited Liability Company had executed the same. e'still I1l##%# 000 4 dW * °•. P U B�' STA TE OF Not ry Public for Idaho61:51 Residing at: Jc My Commissi n Expires: 3� p' STATE OF IDAHO ss: County of Ada, On this rz� day of au—) y , 2003, before me, a Notary Public, personally appeared Theron Scott and Caro—f Lotspeich, known or identified to me to the President and Secretary of Queenland Acres, Inc., who executed the instrument on behalf of said corporation and acknowledged -tome that such corporation executed the same. STATE OF IDAHO : ss: County of Ada, Not4 Public for Idaho Residing at: 12 CQ My Commissio Expires: P13 © cQ On this �4h day of (� ' (,( , 2003, before me, the undersigned, a Notary Public, personally appeared �r�®�� William G. Berg, Jr., known or identified to me to be the a d Ci Clerk res ec ve o t e City of Meridian, who executed the instrument or the persons UIT3 t P i xecuted the instrument on behalf of said City, and acknowledged to me that such City executed the same. ( SEAL) ■ ■ e ♦ •■WI.- . ■■r* t• Notary Public for Idaho Residing at: Commission expires: —Zf� Z:\Work\M\Meridian\Meridian 15360M\Bear CreekUune 2003 Addendum to Dev Agmt 06 16 03.doc nun ouuni T 11WORDER J. DAVID NAVARRO BOISE IDAHO 08/14/03 lg4 PM 5 DEPUTY Michelle Turne RECORMMOd aDnEC ryREQUEST OF UNT •00 103137111 FIRST ADDENDUM TO EXHIBIT "A" LEGALS, OF THE DEVELOPMENT AGREEMENT (CASE NO. AZ-00-018) The following is an addendum to that certain Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene, Inc., Owner/Developer, specifically to the Exhibit "A", which is subsequent to the entering into of the original Development Agreement dated January 19, 2001, and recorded in the Ada County Recorder's office as Instrument No. 101015259. The parties hereto agree as follows: A. The Development Agreement dated January 19, 2001, as it pertains to Exhibit "A" legal description, is amended to read: EXHIBIT "A" Legal Description Of Property A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast one-quarter of said Section 24, thence along the easterly line of said SE one-quarter S 00°-37'-31" W a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87-08' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'-30" West a distance of 1231.55 feet, more or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-01" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast cine -quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one- quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ -00-018) PAGE 1 of 5 '-11 1-N Thence along the easterly line of the Northeast one-quarter of the Southeast one- quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of-way and easements. AND A parcel of land located in the NE '/4 of the SE %4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE'/4 (East'/4 corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE '/4 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00°39'02" W 185.77 along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to a point; Thence N 24042'55" E 9.61 feet to a point; Thence N 48°33'22" E 243.90 feet to a point; Thence N 85°28'57" E 141.94 feet to a point on the north line of said SE 1/4; Thence S 89°27'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. EXCEPT: A parcel of land located in the NE '/4 of the SE '/4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE '/4 (East'/4 corner) of Section 24, T. 3N., R.1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE'/4 to a point on the westerly right of way of the Kuna-Meridian Highway; FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ -00-018) PAGE 2 of 5 Thence S 00°39'02" W 185.77 feet along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; C . Thence N 89'27'12" W 395.98 feet to the REAL POIN,0 OF BEGINNING of this description; Thence N 89'27'12" W 821.92 feet to a point on the west line of the NE 1/4 of the SE 1/4; Thence S 00°45'52" W 95.51 feet along said west line to a point; Thence S 89°27'07" E 779.42 feet to a point; Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. B. It is agreed between the "City" and "Owner" and "Developer" that the development project of Valley Shepherd Church of the Nazarene, Inc. shall be fully incorporated into the original development agreement with Valley Shepherd Church of the Nazarene, Inc., Owner/Developer, and shall include the original conditions and the specific uses that were allowed within the original development agreement, and shall apply to the Valley Shepherd Church of the Nazarene, Inc. project, Case No. AZ -00-018. C. Except as modified by this First Addendum, the Development Agreement between the parties dated January 19, 2003, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this 29,2( day of sz� 12003. CITY OF MERIDIAN BY: FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ -00-018) PAGE 3 of 5 Attest: OF T ,� Fo 4 1 � BY: Ci y Clerk = SEAL - -SG IoM .j.0 0�� v. VALLE C ` OF THE NAZARENE INC..P-gftz! cP Attest: LOW STATE OF IDAHO, ) . ss. County of Ada, BY: ri'c On this day of , 2003, before me, h A,�m<�YYt,t-d a Notary Public, in and for the said state, personally appeared and William G. Berg, Jr., known or identified to me to be the �� and �it �,�le.�rr rrespecfive�of the City of Meridian, who executed the instrument or the pg'son t�iai `eat �il%cT the instrument of behalf of said City, and acknowledged to me that such City executed the same. •■■■■rrs Asa a ; '� (SEAL) oTj�: (C�:�� CY��'�%�7,i71/1 ■ Notary Public for Idaho • Residing at: 2 : c Commission Expires: OFlfl:�e ♦ • .. ■ 0 ! FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ -00-018) PAGE 4 of 5 STATE OF IDAHO, ) ss. County of Ada, On this 3 � day of 5 L�- 1 , 2003, before me, A r eo= - �.- : C .Z a Notary Public in and for said state, personally appeared . A . 'Z own, o and known or identified to me to be the and of Valley Shepherd Church of the Nazarene, Inc., and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said Valley Shepherd Church of the Nazarene, Inc. sb°°°� �p L. 8 tgOess 1ti ...... 0�, •0® �s �OTA1R (SEAL p 1G �Notary Public for Idaho v , UBL Residing at: T ®� 1� °6;�° Commission E pires: 0( ZAWork\M\Meridian\Meridian 15360MNazareneChurchAZO18\ADDENDUMtc)DevAgmt.doc FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ -00-018) PAGE 5 of 5 ._� ADA COUNTY RECORDER J. DAVID , ARO 30 BOISE IDAHO 08114/03 12:32 PM DEPUTY Michelle Turner RECORDED -REQUEST OF 111 an Ci� �11111 AMOUNT .00 103137113 DEVELOPMENT AGREEMENT Revised July 11, 2003 (Ownership Change from Kodiak (Jim Jewett) to Bear Creek, LLC) PARTIES: 1. City of Meridian 2. Bear Creek, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement'), is made and entered into this —5"Aday of , J'& , 2003, by and between CITY OF MERIDIAN, a municipal corporation 9 the State of Idaho, hereafter called "CITY", and BEAR CREEK, LLC, an Idaho Limited Liability Company, hereinafter called "OWNER/DEVELOPER", whose address is P.O. Box 344, Meridian, Idaho 83680. 1. RECITALS: 1.1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of R-8 Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ -00-026) - 1 Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 3�da of , Y 2001, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner/Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. DEVELOPMENT AGREEMENT (AZ -00-026) - 2 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Bear Creek, LLC, an Idaho Limited Liability Company, whose address is P.O. Box 344, Meridian, Idaho 83680, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 D which are herein specified as follows: Construction and development of a possible planned unit development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" is required to submit to "City" an application for conditional use permit, and shall be required to obtain the DEVELOPMENT AGREEMENT (AZ -00-026) - 3 "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 6.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 6.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 6.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 6.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 6.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 6.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 6.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at DEVELOPMENT AGREEMENT (AZ -00-026) - 4 build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows: 6.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion DEVELOPMENT AGREEMENT (AZ -00-026) - 5 thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior DEVELOPMENT AGREEMENT (AZ -00-026) - 6 to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ -00-026) - 7 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 OWNER/DEVELOPER: Bear Creek, LLC, an Idaho Limited Liability Company P.O. Box 344 Meridian, Idaho 83680 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole DEVELOPMENT AGREEMENT (AZ -00-026) - 8 and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23 • EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-026) - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BEAR CREEK, LLC, an Idaho Limited Liability Company Attest: "U— BY RESOLUTION NO. =— CITY OF MERIDIAN Attest: ITY CLERK BY RESOLUTION NO. BY: of M �• \�G�RppF�T�O = SEAL ,�C5 •x,90 S T � gZ . '0 DEVELOPMENT AGREEMENT (AZ -00-026) - 10 STATE OF IDAHO ) ss COUNTY OF ADA On this day of - , in the year 2003, before me,an-VA a Notary Public, personally appeared '► r P�7 3t7kW SoYL, and members of Bear Creek, LC, an Idaho Limited Liability Company, known or identified to me to be one of the members of the Limited Liability Company who executed the instrument and the member who subscribed said Limited Liability Company and acknowledge to me that such Limited Liability Company having executed the same. (SEAL) Notary Public for Idaho `�J►�C ; ; Commission expires:_ • -,• STATE OF IDAHO ) :ss County of Ada ) On this 94k day of me, a Notary Public, personally appeared identified to me to be � t ld� '�executed the insiji *b �ro,,+. Jq. , in the year 2003, before Aved�William G. Berg, know or 1ve y, of t e City of Meridian, who the instrument of behalf of said City, and City executed the same. ti a ' OILY ';* A o � v$y�o s (SEAL) p ti4�• Notary Public for Idaho STATE ��••''• Commission expires: - 112DIo4 Z:\Work\M\Meridian\Meridian 15360M\Kodiak AZ026XDevelopAgr.doc DEVELOPMENT AGREEMENT (AZ -00-026) — 11 EXHIBIT A LeL-al Description Of Property A parcel of land located in the NE % of the SE '/ of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the northeast corner of the SE '/ (East % corner) of Section 24, T.3N., R. 1 W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE '/ to a point on the westerly right of way of the Kuna-Meridian Highway; Thence S 00°39'02" W 185.77 feet along said right of way to a point; Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to the REAL POINT OF BEGINNING of this description; Thence N 89'27'12" W 821.92 feet to a point on the west line of the NE '/ of the SE %; Thence S 00°45'52" W 95.51 feet along said west line to a point; Thence S 89°27'07" E 779.42 feet to a point; Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. EXCEPT: A parcel of land located in the NE % of the SE % of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of the SE '/ (East '/ corner) of Section 24, T.3N., R.1W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE 1/4 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00°39'02" W 185.77 feet along said right of way to a point; DEVELOPMENT AGREEMENT (AZ -00-026) - 12 Thence N 87°08'00" W 32.35 feet to a point; Thence N 89'27'12" W 395.98 feet to a point; Thence N 24°42'55" E 9.61 feet to a point; Thence N 48°33'22" E 243.90 feet to a point; Thence N 85°28'57" E 141.94 feet to a point on the north line of said SE %; Thence S 89027'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. DEVELOPMENT AGREEMENT (AZ -00-026) - 13 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ -00-026) - 14 BEFORE THE MERIDIAN CITY COUNCIL QC 03-20-01 IN THE MATTER OF THE ) Case No. AZ -00-026 APPLICATION OF HUBBLE ) ENGINEERING, THE } APPLICATION FOR FINDINGS OF FACT AND ) ANNEXATION AND ZONING CONCLUSIONS OF LAW AND } OF 5.4 ACRES FOR KODIAK } DECISION AND ORDER GRANTING APPLICATION DEVELOPMENT, LOCATED ) WEST OF MERIDIAN ROAD 1/a FOR ANNEXATION AND ) MILE SOUTH OF OVERLAND } ZONING ROAD, MERIDIAN, IDAHO ) The above entitled annexation and zoning application having come on for public hearing on February 20, 2001, and continued until March 6, 2001 and March 20, 2001, at the hour of 7:30 p.m., and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Jim Jewett, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) Page 1 FINDINGS OF FACT 1. The notice of public -hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 20, 2001, and continued until March 6, 2001 and March 20, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (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 20, 2001, and continued until March 6, 2001 and March 20, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and 'submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16.1. 3. The City Council takes judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) --N development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 5.4 acres in size and is located west of Meridian Road 1/z mile south of Overland Road. The property is designated as ICodiak Development. Idaho. 6. The owner of record of the subject property is the Jim Jewett, of Boise, 7. Applicant is Hubble Engineering, Inc., of Meridian, Idaho. 8. The property is presently zoned by Ada County as RUT, and consists of Residential. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north and west by R-4 residential zoning and subdivisions, to the south by the proposed Valley Shepherd Church, zoned R-8, and to the east by RUT Ada County zoning with a single family residential use and heavy truck parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: a possible planned unit development. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING ICODIAK DEVELOPMENT/ (AZ -00-026) 16.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 16.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 16.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 16.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 16.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 16.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ -00-026) sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creels project, the lift station is being sized only for Bear Creels Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 16.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed useswill not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ -00-026) .-i potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single-family residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) Comprehensive Pian and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW I . The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § I I -16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Plan Hing Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of FINDINGS OF FACT AND CO] AND DECISION AND ORDER FOR ANNEXATION AND ZON KODIAK DEVELOPMENT/ (A: ehensive Plan, City of Meridian, adopted SIONS OF LAW - Page 8 JTING APPLICATION G/BY HUBBLE ENGINEERING 0-026) December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 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. 4.3 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. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODI AK DEVELOPMENT/ (AZ -00-026) available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a possible planned unit development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Citof Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) .-. 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section I I -16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 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. The applicant's request for annexation and zoning of approximately 5.4 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.4 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No, 686, 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 3.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODLA K DEVELOPMENT/ (AZ -00-026) allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 3.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 3.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 3.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 3.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 3.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of 1-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 3.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODAK DEVELOPMENT/ (AZ -00-026) 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the C?AA ' day of&2�_, 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D_C� E (TIE BREAKER) DATED: !f - FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAIC DEVELOPMENT/ (AZ -00-026) VOTED_/� VOTED A-4L- VOTED_00--- VOTED_- VOTED Page MOTION: APPROVED. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and th C' e ity Attorney. City Clerk Dated: ZAWork\MiMeridian\Meridian 15360M1Kodiak AZ0261AZFfClsOrder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Ib AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ -00-026) 110EtK.rrFta.4�011t p,ry" 44<��7q : "✓ 9. �jr" (N Page MERMUN City of Meridian City Clerk's Office (208) 8884433 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 From: Fax Pages: Phone: Date: '7- Z -81--o3 Re: 4 d", -a r— 4 z Z&,, a l CC: ❑ Urgent #For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle BEFORE THE MERIDIAN CITY COUNCIL C/C 03-20-01 IN THE MATTER OF THE ) Case No. AZ -00-026 APPLICATION OF HUBBLE ) ENGINEERING, THE ) APPLICATION FOR FINDINGS OF FACT AND ) ANNEXATION AND ZONING CONCLUSIONS OF LAW AND ) OF 5.4 ACRES FOR KODIAK ) DECISION AND ORDER GRANTING APPLICATION DEVELOPMENT, LOCATED ) FOR ANNEXATION AND WEST OF MERIDIAN ROAD 1/z ) ZONING MILE SOUTH OF OVERLAND ) ROAD, MERIDIAN, IDAHO ) The above entitled annexation and zoning application having come on for public hearing on February 20, 2001, and continued until March 6, 2001 and March 20, 2001, at the hour of 7:30 p.m., and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Jim Jewett, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) Page 1 FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 20, 2001, and continued until March 6, 2001 and March 20, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (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 20, 2001, and continued until March 6, 2001 and March 20, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 5.4 acres in size and is located west of Meridian Road 1/2 mile south of Overland Road. The property is designated as Kodiak Development. Idaho. 6. The owner of record of the subject property is the Jim Jewett, of Boise, 7. Applicant is Hubble Engineering, Inc., of Meridian, Idaho. 8. The property is presently zoned by Ada County as RUT, and consists of Residential. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north and west by R-4 residential zoning and subdivisions, to the south by the proposed Valley Shepherd Church, zoned R-8, and to the east by RUT Ada County zoning with a single family residential use and heavy truck parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING I�ODIAIC DEVELOPMENT/ (AZ -00-026) 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: a possible planned unit development. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. — 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 16.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 16.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 16.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 16.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 16.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 16.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 16.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers — will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING ICODIAI< DEVELOPMENT/ (AZ -00-026) potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single-family residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 ' The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ -00-026) December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 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. 4.3 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. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION Page 9 FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAI< DEVELOPMENT/ (AZ -00-026) 1 r1 '"-N available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a possible planned unit development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 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. The applicant's request for annexation and zoning of approximately 5.4 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.4 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 3.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING Ir,ODIAK DEVELOPMENT/ (AZ -00-026) allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 3.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 3.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 3.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 3.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 3.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ -00-026) required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 3.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, _ and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING I<ODIAK DEVELOPMENT/ (AZ -00-026) 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of , 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAI(ER) DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 9 �day VOTED VOTED414— VOTED4� VOTED4� VOTED Page MOTION: APPROVED: A::�� DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Dated: ZAWorkWMeridian�Meridian 15360M\Kodiak A-026\AZFfCIsOrder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING I(ODIAK DEVELOPMENT/ (AZ -00-026) Page ** TX CONFIRMAT wN REPORT ** DATE TIME TO/FROM 03 07/28 12:41 PUBLIC WORKS FaX To: AS OF JUL 28 12:42 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD4 STATUS EC --S 00'36" 002 057 OK WRMM City of Meridian City Clerk's Office 1208) 8884433 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 From: Fmc Page= 2 Phom Dale: -7-7-81-o3 O Urgent #For Review 17 Please Cwn*nt ❑ Please Reply ❑ Please Recycle JUL 20 '03 12:42 FR CITY OF MERIDIAN 200 000 4210 TO PUBLIC WORKS P.02i02 -0 HUBBLE ENGINEERING, INC. 701 S. Allen St_, Suite 102 n Meridian, ID 83642 Project No. 0027500 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION JEWETT-MERIDIAN PROPERTY 208/322-8992 . Fax 208/378-0329 November 29, 2000 A parcel of land located in the NE1/4 of the SE1/4 of Section 24 T.3N., RAW. and the NW1/4 of the SW1/4 of Section 19, T.3N., RAE., B.M., Ada County, Idaho more particularly described as follows-- BEGINNING ollows: BEGINNING at the 1/4 corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00'55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02'00'09" West, 191.70 feet; thence North 89'04'23" West, 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86'18'31" West, 32.96 feet; thence North 89'09"01 West, 1217.23 feet to a point on the West boundary line of the NEI/4 of the SEI/4 of said Section 24; thence along said West boundary line North 01 °01'59" East, 159.90 feet; thence leaving said West boundary line North 45'55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89'10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. ,,408 MAN PU13UC WORKS DIP", Prepared by: HUBBLE ENGINEERING, INC. Gregory G. Carter, P.L.S. JAProjectsWewitt-Meridian(00-275-00)\Documents\GGC-Jewett-Me rid ianAnnex.doc ** TOTAL PRGE.02 ** W Memo TO: City Clerk: Sharon Smith From: Steven J. O'Brien CC: File Date: 7/29/2003 Re: Kodiak Subdivision Ordinance Map Per your request... • Page 1 00011 From the desk of... Steve O'Brien Engineering Tech. I Meridian Public Worcs Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642-2600 Phone: (208)898-5500 Fax: (208) 887-1297 March 30, 2001 AZ 00-026 MERIDIAN CITY COUNCIL MEETING April 3, 2001 APPLICANT Hubble Engineering ITEM NO.g REQUEST Findings -- annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed planned development for proposed Kodiak Development -- west of Meridian Road one-nalt mile south of Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings 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: S > > -) W t oil 0 Date:Phone:2)=-99 9 2 Materials presented at public meetings shall become property of the City of Meridian. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Jim Jewett, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this - day of , , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and JIM JEWETT, hereinafter called "OWNER"/"DEVELOPER", whose address is 6223 N. Discovery Way, Boise, Idaho 83713. 1. RECITALS: 1.1 WHEREAS, "Owner"/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner"/"Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of R-8 Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ -00-026) -I 1.5 WHEREAS, "Owner"/"Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 2001, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner"/"Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER"/"DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner"/"Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ -00-026) - 2 510 designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER"/"DEVELOPER": means and refers to Jim Jewett, whose address is 6223 N. Discovery Way, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ -00-026) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a possible planned unit development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner"/"Developer" is required to submit to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner"/"Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 6.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 6.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 6.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 6.4 Applicant shall be required to enter into a Development Agreement with the City DEVELOPMENT AGREEMENT (AZ -00-026) - 4 as a condition of annexation. 6.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 6.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 6.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows: 6.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner"/" Developer" or "Owner"/"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ -00-026) - 5 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner"/"Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner"/"Developer" and if the "Owner"/"Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner"/"Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner"/"Developer", "Owner"/"Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner"/"Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner"/" Developer"' s cost, and submit proof of such recording to DEVELOPMENT AGREEMENT (AZ -00-026) - 6 "Owner"/"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner"/"Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner"/" Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner"/" Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for DEVELOPMENT AGREEMENT (AZ -00-026) - 7 such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Owner"/" Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner"/" Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner"/"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Jim Jewett 6223 N. Discovery Way Boise, Idaho 83713 DEVELOPMENT AGREEMENT (AZ -00-026) - 8 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner"/"Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable DEVELOPMENT AGREEMENT (AZ -00-026) - 9 n discretion, had determined that "Owner"/" Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner"/"Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner"/"Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-026) - 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. JIM JEWETT BY: Jim Jewett CITY OF MERIDIAN I:' MAYOR ROBERT D. CORRIE Attest: CITY CLERK- BY LERK BY RESOLUTION NO. DEVELOPMENT AGREEMENT (AZ -00-026) - 11 STATE OF IDAHO) ss COUNTY OF ADA) On this day of , in the year 2001, before me, a Notary Public, personally appeared Jim Jewett, known or identified to me to be the person who executed the instrument and acknowledge to me having executed the same. ( SEAL) STATE OF IDAHO ) :ss County of Ada Notary Public for Idaho Commission expires: On this day of , in the year 2001, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: Z:\Work\M\Meridian\Meridian 15360M\I<odiak AZ026\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ -00-026) - 12 EXHIBIT A Legal Description Of Property A parcel of land located in the NE 1/4 of the SE 1/4 of Section 24 T.3N., R. 1W. and the NW1/4 of the SWI/4 of Section 19, T.3N., RJE., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the 1/4 corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02°00'09" West, 191.70 feet; thence North 89°04'23" West, 131.39 feet to a point on the West right-of-way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86'18'31 " West, 32.96 feet; thence North 89°09'01 "West, 1217.23 feet to a point on the West boundary line of the NE 1/4 of the SE 1/4 of said Section 24; thence along said West boundary line North O1°01'59" East, 159.90 feet; thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. DEVELOPMENT AGREEMENT (AZ -00-026) - 13 ,1 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ -00-026) - 14 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE Wm. F. GIGRAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE* WILLIAM F. NICHOLS• *ALSO ADMITTED IN OR • ALSO ADMITTED IN WA William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 March 23, 2001 MAR 2 '? 2001 City of Meridian City Clerk Office Re: KODIAK DEVELOPMENT — HUBBLE ENGINEERING ANNEXATION AND ZONING FINDINGS AND DEVELOPMENT AGREEMENT CASE NO. AZ -00-026 Dear Will: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208)466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of March 20, 2001, and which are on the agenda for April 3, 2001. I have also attached the original of the Development Agreement for owner/developer's signature. After the Council meeting of April 3, 2001, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the four Development Agreements as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owner/developer for signature., u M. ZAWor1,\M\Meridian\Meridian 15360NW(odiak A7-026\FFCL and DevAgtClk.doc The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 - LEGAL ADVERTISING PROOF OF PUBLICATION Account # DTI# Identification =odd skip Amount: 064514 396356 NOTICE OF HEARING and ending with the issue of: FEBRUARY $93.48 Ordered by: P.O. # Rate Run Dates NT FEBRUARY 2, 16, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 58 Affidavit Legal # 1 MERIDIAN, ID 83642 1 9456 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State Of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Ida- ho, at the hour of 6:30 p.m. on February 20, 2001, for the purpose of reviewing and considering the applications of: Hubble Engineering for a request for annexation and zoning of 5.4 acres from an Ada County RT zone to R-8 for a pro - Posed planned development for proposed Kodiak Development generally located west of Meridian Road one-half mile Leavitt and Associates for a request for annexation and zoning of 8.15 acres from Ada County RT zone to R-4 for proposed Staten Park Subdivision generally located east of Black Cat Road and south of Ustick Road; Leavitt and Associates for Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision generally located east of Black Cat Road and south of Ustick Road; Janet Torgenson for a Conditional Use Permit for a child-care center for 24 chil- dren in an R-15 zone for proposed ABC Club Daycare and Preschool generally located at 650 West Broadway; SRS Architects for a request to rezone 8.88 acres from R-4 to L -O for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center generally located at the southeast comer of Cherry Lane and Ten Mile Road; BRS Architects for a Conditional Use Permit for a planned -unit development in a proposed L -O zone for proposed St. Alphonsus Regional Medical Center Ambulatory Care Center generally located at the southeast comer of Cherry Lane and Ten Mile Road; The Land Group for Preliminary Plat approval of 5 building lots on 6.95 acres in a proposed C -G zone for proposed Mai - lane Commercial Complex generally located at the northwest corner of Fair- view Avenue and North Hickory Way; Pub. Feb. 2,16, 2001 9456 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO =consecutive weekly =single aconsecutive daily =odd skip insertion(s) beginning with the issue of: FEBRUARY 2 2001 and ending with the issue of: FEBRUARY 16 2001 STATE OF IDAHO ) )SS COUNTY OF ADA On this 16 day of FEBRUARY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Id o Residing at: Boise, Idaho Mi.Q91 ission expires: • BRI • y i �pT Ale �, • 'y,� �•� t �r 10 pUBLt o F fA t11111111t1��' BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HUBBLE ENGINEERING, THE APPLICATION FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR KODIAIC DEVELOPMENT, LOCATED WEST OF MERIDIAN ROAD I/2 MILE SOUTH OF OVERLAND ROAD, MERIDIAN, IDAHO FILE COPY C/C 03-20-01 Case No. AZ -00-026 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 20, 2001, and continued until March 6, 2001 and March 20, 2001, at the hour of 7:30 p.m., and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Jim Jewett, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) Page 1 development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 5.4 acres in size and is located west of Meridian Road 1/2 mile south of Overland Road. The property is designated as Kodiak Development. Idaho. 6. The owner of record of the subject property is the Jim Jewett, of Boise, 7. Applicant is Hubble Engineering, Inc., of Meridian, Idaho. 8. The property is presently zoned by Ada County as RUT, and consists of Residential. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north and west by R-4 residential zoning and subdivisions, to the south by the proposed Valley Shepherd Church, zoned R-8, and to the east by RUT Ada County zoning with a single family residential use and heavy truck parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAIC DEVELOPMENT/ (AZ -00-026) 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: a possible planned unit development. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 16.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 16.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 16.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 16.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 16.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 16.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 16.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single-family residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT / (AZ -00-026) Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 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. 4.3 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. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a possible planned unit development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) S. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) 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. The applicant's request for annexation and zoning of approximately 5.4 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.4 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 3.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIA _ DEVELOPMENT/ (AZ -00-026) r allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 3.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel shall require extension of the future Black Cat Trunk Sewer. 3.3 The proposed R-8 zone and mixed use development concepts shall be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 3.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 3.6 A condition of the Development Agreement shall be that future development and use of the subject property shall occur only through the Conditional Use Permit process. 3.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight -inch gravity sewer line in Overland Road which shall be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Adopt the additional condition and action from City Council's meeting held on March 20, 2001, as follows 3.8 Applicant shall provide any and all necessary easements so that the sewer extension may be constructed through the property without any obstructions. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) r 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of , 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) day VOTED __?lc_ VOTED4dv VOTED4� VOTED_/_� VOTED Page n MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk Dated:'��< ZAWork\M\Meridian\Meridian 15360M\Kodiak AZ026kA7,FfCIs0rder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING KODIAK DEVELOPMENT/ (AZ -00-026) szi r 9atv-M 44 ;tu," ii°pyx Page WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. JULIE KLEIN FISCHER CHRISTOPHER S. NYE Wm. F. GIORAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE" WILLIAM F. NICHOLS• *ALSO ADMITTED IN OR -ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 836804150 TEL (208) 288.2499 FAX (208) 288-2501 March 23, 2000 RECEIVED MAR 2 3 2001 City of Meridian City Clerk Office NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE Re: KODIAK DEVELOPMENT - HUBBLE ENGINEERING / AZ -00-026 ANNEXATION AND ZONING ORDINANCE (R-8) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for Kodiak Development. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the planned unit development process and conditional use permit process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. Very *Nicols Wm.. CITY OF MERIDIAN ORDINANCE NO. 01 - AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS KODIAK DEVELOPMENT THE LOCATION OF WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: ANNEXATION AND ZONING ORDINANCE (AZ -00-026) - 1 A parcel of land located in the NE 1/4 of the SE 1/4 of Section 24 T.3N., R. IW. and the NW 1/4 of the SW 1/4 of Section 19, T. 3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the 1/4 corner common to said Sections 19 and 24 from which the SE corner of said Section 24 bears South 00°55'37" West, 2661.00 feet; thence along the East-West centerline of said Section 19 South 89°59'45" East, 70.00 feet to a point on the East right-of-way line of Meridian Road (State Highway 69); thence along said East right-of-way line South 02°00'09" West, 191.70 feet; thence North 89°04'23" West, 131.39 feet to a point on the West right-of- way line of Meridian Road (State Highway 69); thence leaving said right-of-way line North 86'18'3 1 " West, 3 2.9 6 feet; thence North 89°09'01 "West, 1217.23 feet to a point on the West boundary line of the NE 1/4 of the SE 1/4 of said Section 24; thence along said West boundary line North 0ITF59" East, 159.90 feet; thence leaving said West boundary line North 45°55'40" East, 40.10 feet to a point on the East-West centerline of said Section 24; thence along said East-West centerline South 89°10'38" East, 1286.51 to the Real Point of Beginning, containing 5.98 acres, more or less. ANNEXATION AND ZONING ORDINANCE (AZ -00-026) - 2 SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries ANNEXATION AND ZONING ORDINANCE (AZ -00-026) - 3 of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2001. MAYOR ATTEST: CITY CLERK- ANNEXATION LERK ANNEXATION AND ZONING ORDINANCE (AZ -00-026) - 4 STATE OF IDAHO,) ss. County of Ada. ) On this day of , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEA) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: msg\Z:\Work\M\Meridian\Meridian 15360M\NazareneChurchAZ018\AZOrd ANNEXATION AND ZONING ORDINANCE (AZ -00-026) - 5 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. passed by the City Council of the City of Meridian, on the day of , 2001, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. STATE OF IDAHO, ) ss. County of Ada, ) WILLIAM G. BERG, JR. On this day of , in the year , before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ Z:\Work\M\Meridian\Meridian 15360M\I<odiak AZ026\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -00-018 1 March 16, 2001 AZ 00-026 MERIDIAN CITY COUNCIL MEETING March 20, 2001 APPLICANT Hubble Engineering ITEM NO. 9 REQUEST Continued 2/20/01 - AZ of 5.4 acres from RT to R-8 for a proposed Planned Development, Kodiak Development - w/o Meridian Road 1/2 mile s/o Overland 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: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See previous Item Packet Contacted:n Date:Ci Phone:j22—�C{2 Materials presented of public meetings shall become property of the City of Meridian. February 16, 2001 AZ 00-026 MERIDIAN CITY COUNCIL MEETING February 20, 2001 APPLICANT Hubble Engineering ITEM NO. 9 REQUEST AZ of 5.4 acres from Rt to R-8 for proposed planned development for proposed Kodiak Development - w/o Meridian Road, s/o Overland Road AGENCY COMMENTS CITY CLERK: See attached P & Z item packet & Position Stmt CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Recommendations 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: See attached ACHD report SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I IDAHO POWER: (,r � 2 US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: N (,CIEs,{ LjY� Date: 22 Phone: �L - ��0 Materials presented at public meetings shall become property of the City of Meridian. M, I WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DTNIUS CHRISTOPHER S. NYE ATTORNEYS AT LAW NAMPA OFFICE FF JULIE KLETN FISCHER F.. III PHILIP A. PETERSON ERIC S. RossmANsmA 200 EAST CARLTON AVE., SUITE 31 5700 E FRANKLIN sTE. 200 NAMPA, IDAHO 83687-8402 JORAY,HNS BRE D.BRENT J. L JOHNSON TODD A.. SwARTN DAVID S EY* POST OFFICE BoxI 150 TEL. (208) 466-9272 LA RY D. MJOHNSON LARRY D. MOORE . WH1 TERRENCE R WHITE* C MERIDIAN, IDAHO 83680-1150 FAX (208) 466.4405 WILLIAM A. MORROW NICHOLAS L. WOLLEN WILLIAM F. NICHOLS* TEL (208) 288-2499 PLEASE REPLY TO *Also admitted in OR FAX (208) 288*2501 E-MAIL: @WPPMO.coM MFRIDLALN OFFICE ** Also admitted in WA January 29, 2001 RECEIVED To: Staff FEB -1 2001 Applicant Affected Property Owner(s) CITY OF MERIDIAN Re: Application Case No. AZ -00-026 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 be#ore the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the 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 Pla><uung and Zoning Commission. The Position Statement form for this and 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 (S) copies. The cODies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a g�rroup, it is strongly recommended that one Position Statement be filled out for the group, wFiich can be signed by the representative for the group. Very,tnA yours, Cityttomey's Office lyi BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR KODIAK DEVELOPMENT BY HUBBLE ENGINEERING Case No. AZ -00-026 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 5.4 acres in size and is located west of Meridian Road 1/2 mile south of Overland Road. The property is designated as Kodiak Development. 2. Idaho. 3. 4. Residential. 5. 6. The owner of record of the subject property is Jim Jewett, of Boise, Applicant is Hubble Engineering, Inc., of Meridian, Idaho. The property is presently zoned by Ada County as RUT, and consists of The Applicant requests the property be zoned as R-8. The subject property is bordered to the north and west by R-4 residential zoning and subdivisions, to the south by the proposed Valley Shepherd Church, zoned R-8, and to the east by RUT Ada county zoning with a single family residential use and heavy truck parking. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -KODIAK DEVELOPMENT - HUBBLE ENGINEERING 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: a possible planned unit development. 10. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING-KODIAI( DEVELOPMENT - HUBBLE ENGINEERING 1.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and would allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 1.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel would require extension of the future Black Cat Trunk Sewer. 1.3 The proposed R-8 zone and mixed use development concepts would be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 1.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 1.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 1.6 A condition of the Development Agreement shall be that future development and use of the subject property will occur only through the Conditional Use Permit process. 1.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which will be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that must be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station will be designed to serve only itself. The lift station will discharge into an existing eight -inch gravity sewer line in Overland Road which will be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer will be monitored and, if capacity is exceeded, they will be required to re-route RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING-KODIAI(_ DEVELOPMENT - HUBBLE ENGINEERING the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Z:\Work\M\Meridian\Meridian 15360M\Recommendations\AZ026Kodiak.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING-KODIAK DEVELOPMENT - HUBBLE ENGINEERING Position Statement JET Case No. AZ-00-26 i w 12 2001 Name of Applicant: Hubble Engineering CITY OF MERIDIAN To: Meridian City Council CITY CLERK OFFICE From: Meridian Planning & Zoning Staff I have reviewed the Findings and Recommendations of the Planning & Zoning Commission with which I disagree as follows: The following Findings and/or Recommendations should be added: Recommendation / Any future driveway or public street connecting to Meridian Road/SH 69 from this property must be located at the south property line and provide a shared access with the property to the south. Recommendation / A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Meridian Road/SH 69 frontage. Recommendation / A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Meridian Road/SH 69 frontage. Recommendation / 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. Recommendation / 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. Recommendation / 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. Recommendation / 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 the street intersections and/or fire hydrants. Recommendation / Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of property. Dated the day of , 2001. Signed: Copy served upon Applicant, Planning & Zoning Department, Public Works Department and City Attorney. Received in the record: M. William G. Berg, Jr., City Clerk BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF ) Case No. AZ -00-026 THE REQUEST FOR ) ANNEXATION AND ) RECOMMENDATION TO ZONING OF 5.4 ACRES ) CITY COUNCIL FOR KODIAK ) DEVELOPMENT ) > RECEIVEDBY HUBBLE ENGINEERING FEB 16 2001 CITY OF MERIDIAN CITY CLERK OFFICE 1. The property is approximately 5.4 acres in size and is located west of Meridian Road 1/2 mile south of Overland Road. The property is designated as Kodiak Development. 2. The owner of record of the subject property is Jim Jewett, of Boise, Idaho. 3. Applicant is Hubble Engineering, Inc., of Meridian, Idaho. 4. The property is presently zoned by Ada County as RUT, and consists of Residential. 5. The Applicant requests the property be zoned as R-8. 6. The subject property is bordered to the north and west by R-4 residential zoning and subdivisions, to the south by the proposed Valley Shepherd Church, zoned R-8, and to the east by RUT Ada county zoning with a single family residential use and heavy truck parking. 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -KODIAK DEVELOPMENT - HUBBLE ENGINEERING 9. The Applicant proposes to develop the subject property in the following manner: a possible planned unit development. 10. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1.1 The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and would allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 1.2 The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel would require extension of the future Black Cat Trunk Sewer. 1.3 The proposed R-8 zone and mixed use development concepts would be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 1.4 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -KODIAK DEVELOPMENT - HUBBLE ENGINEERING 1.5 A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 1.6 A condition of the Development Agreement shall be that future development and use of the subject property will occur only through the Conditional Use Permit process. 1.7 Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which will be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that must be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station will be designed to serve only itself. The lift station will discharge into an existing eight -inch gravity sewer line in Overland Road which will be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer will be monitored and, if capacity is exceeded, they will be required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Z:\Work\M\Meridian\Meridian 15360M\Recommendations\AZ026Kodiak.wpd RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -KODIAK DEVELOPMENT - HUBBLE ENGINEERING . CHS Ada County Highway District -- 318 East 37th Street Judy Peavey -Derr, President Garden City ID 83714-6499 Dave Bivens, 1st Vice President Phone (208) 387-6100 Sherry R. Huber, 2nd Vice President FAX (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@ACHD.ada.id.us David E. Wynkoop, Commissioner RECEIVED January 18, 2001 JAN 2 2 2001 CITY OF MERIDIAN TO: Shawn Nickel Hubble Engineering, Inc. 701 S Allen St. Suite 102 Meridian, ID 83642 FROM: Christy Richardson, Principal Development Anal st Planning & Development Cr SUBJECT: MAZ00-026 Rezone 2435 S Meridian Road The Commissioners of the Ada County Highway District on January 17, 2001 acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. If you have and questions, please feel free to contact me at (208) 387-6170. Cc: Planning & Development/chron/project file City of Meridian Construction Services — John Edney Drainage — Chuck Rinaldi Jim Jewett 6223 N Discovery Way Boise, ID 83713 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MAZ00-026 2435 S. Meridian Road Rezone This application has been referred to ACHD by the City of Meridian for review and comment. The applicant is requesting a rezone from RT to R-4 and annexation into the City of Meridian. The 5.4 - acre site is located on the west side of SH -69 (Meridian Road) approximately V2 -mile south of Overland Road. This development is estimated to generate less than 500 additional vehicle trips per day depending on the specific use. Roads impacted by this development: SH -69 ACHD Commission Date — January 17, 2001 - 12:00 pan. 1\9AZo0-0026xinii Paye I n Facts and Findings: A. General Information Owner — Jim Jewett Applicant — Hubble Engineering, Inc RT - Existing zoning R-4 - Requested zoning 5.4 - Acres 289 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District State Highway 69 (Meridian Road) State Highway with bike route lane pathway designation Traffic count of 15,262 on 8-24-99 (s/o Overland Road) Better than C -Existing Level of Service Better than C -Existing plus project build -out Level of Service 186 -feet of frontage B. On January 2, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January 5, 2001, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. On July 7, 1999, the ACHD Commission Reviewed and approved Bear Creek Subdivision, a 326 -lot residential subdivision -to the west of this site. That applicant was required to construct a stub street to the west property line of the subject parcel. Bear Creek Subdivision has not yet been constructed. D. The parcel to the south of this site is currently undeveloped. The Commission reviewed that site as MAZ00-0018, a rezone from RT to R-8 and annexation into the City of Meridian. ACRD has not approved a development plan on that parcel. The conceptual plan is for a church. E. The applicant intends to develop the western portion of the parcel as single family residential, and a smaller portion abutting SH -69 as a potential office use. F. The applicant should extend the platted stub street at the west property line into the site. Staff does not recommend that the street be extended all the way to SH -69 due to the amount of vehicle trips per day that may use the new roadway as access to SH -69. Staff recommends that when the applicant submits for preliminary plat approval, the stub street be extended into the site and then cul-de-sac to serve the residential uses. The office use could be served by a shared driveway off SH -69 at the south property line. Another alternative would be to extend the stub iMAZ00-0020.cnim Pace 2 /O'1 /'1�- street into the site for approximately 100 -feet, and extend another street into the site from SH -69. The two streets would not connect except for emergency vehicle and pedestrian usage (see maps). These two alternatives would prevent cut through traffic, yet extend the stub street from the Bear Creek Subdivision. G. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. H. State Highway 69 is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garz at 334-8340. A Transportation Impact Study (TIS) may be required at the discretion of the Idaho Transportation Department's Traffic Engineer if the proposed development meets criteria presented in ITD's Requirements for Transportation Impact Study, April 1995. A TIS is not required if the development generates less than 25 new peak hour trips on a state highway and the total added volume will be less than 250 vehicles per day. A "full TIS is required whenever a proposed development will generate 100 or more new peak hour trips; or when the total volume expected to be added to the state highway system by the development equals or exceeds 1000 vehicles per day. A "minor TIS is required for developments that will generate between 25 and 99 new peak hour trips or will add from 250 to 999 vehicles per day For further information on the TIS, contact the District Permit Officer, Mr. Nick Brizzi at 334-8341. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. K. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Recommendation to ITD and City of Aleridian: Driveways or public streets connecting to SH -69 should be located at the south property line to provide a shared access with the property to the south. If the rezone is approved and the District receives a development proposal, the District intends to provide the follovving requirements, in addition to any additional requirements that may apply upon District review of future development, to the City County: Site Specific Requirements: NIAZOO-0026.enim Pau,e - MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT __PCJN�ii��'ix 888-6854 kf DEC 2 1 2000 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPM TS WITH THE CITY OF MERIDIAN Cit`' Ctk,, les 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: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: AZ 00-026 Request: Annexation and Zoning of 5.4 acres from RT to R-4 for a Planned Unit Development for proposed Kodiak Development By: Hubble Engineering Location of Property or Project: Meridian Road and Overland Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, 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 Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Gen - 26 PP/FP/PFP - 30 AZ - 27 W Comply with requirements of ITD for State Highway 69 fi-ontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. 2. The applicant should extend the platted stub street at the west property line into the site from the Bear Creek Subdivision. Staff does not recommend that the street be extended all the way to SH -69 due to the amount of vehicle trips per day that may use the new roadway as access to SH -69. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An enc,ineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. N1AZOO-0026_01ill Fla u,e 4 eoN 6. Construction, use and property development shall be in conforn-iance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two frill business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Commission Action: January 17, 2001 l\9AZ00-0026.cmm PaL,c M MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: AZ 00-026 Request: Annexation and Zoning of 5.4 acres from RT to R-4 for a Planned Unit Development for proposed Kodiak Development By: Hubble Engineering Location of Property or Project: Meridian Road and Overland Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C K Water Department Sewer Department Sanitary Service Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department 1?_ECE'v_ED 0 F C 2 2 2000 CITY OF MERIDIAN 90'30Ud MAYOR Robert D. Corric bbL0b888aZ CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy dcWccrd Chcric McCandless HUB OF TREASURE VALLEY A Good Place to Livc CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4-433 • Fax (208) 887-4813 City Clerk Officc Fax (208) 888-4218 IS:80 00, ZZ D3G LEGAL DEPARTMENT (208) 2S8 -2d99 • Fax 288.2501 PUBLIC WORKS BUILDING DEPARTMENT (203) $87-2211 • Fax 8S7-1297 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: January 10, 2001 Transmittal Date: File No.. AZ 00-026 December 18, 2000 Hearing Date: January 18, 2001 Request: Annexation and Zoning of 5.4 acres from RT to R-4 for a Planned Unit Development for proposed Kodiak Development By: Hubble Engineering Location of Property or Project: Meridian Road and Overland Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, PIZ 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 ?c Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Reside GOn•26 PP/FP/PFP-30 AZ -27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: DEC 2 2 2000 CITY OF MERIDIAN L0i90d bbLObSSSAZ=CII H21VM319VM NVraTH3W LC:po AA -ZZ -Zi MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 _ File No.: AZ 00-026 Request: Annexation and Zoning of 5.4 acres from RT to R-4 for a Planned Unit Development for proposed Kodiak Development By: Hubble Engineering Location of Property or Project: Meridian Road and Overland Road Sally Norton, P/Z Meridian School District Bill Nary, P/Z Meridian Post Office (FP/PP) Jerry Centers, P/Z Ada County Highway District Richard Hatcher, P/Z Community Planning Assoc. Keith Borup, P/Z Central District Health Robert Corrie, Mayor Nampa Meridian Irrig. District Ron Anderson, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co. (FP/PP) Keith Bird, C/C U.S. West (FP/PP) Cherie McCandless, C/C Intermountain Gas (FP/PP) Water Department Ada County (Annexation) Sewer Department Idaho Transportation Department Sanitary Service Building Department Your Concise Remarks: J /'; - - O Fire Department Police Department City Attorney City Engineer City Planner (,.J Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 PC"1\7ED .I AN - 4 2001 City of Meridian r1ty Clerk Offiea 4 Cr CENTRAL DISTRICT HEALTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPAriTMENT Return to: Environmental Health Division ❑ Boise ❑ Eagle Rezone # _ d e_'00 r Conditional Use # Preliminary / Final / Short Plat r � ❑ Garden City Meridian ❑ Kuna ❑ ACZ ❑ Star We have No Objections to this Proposal. �rvpn x1r- 2. We recommend Denial of this Proposal. C; i ZOoi of,� ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on"th(`srp;$ wee LJ 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 0 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 0 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:./ 9/��%/ Reviewed By: CDHD 90 dcc Review Sheet 01/05/2001 07:18 2088885052 SANITARY SERVICE PAGE 07 r MAYOR HU8 OF TREASURE VALLEY Robert D, Corrie A Good Place to Live LEGALDEPARTMENT CITY COUNCIL CITY OF ME RIDIAN (308) 288-2499 •Fax 258-3501 MEMBERS Ron Anderson 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887.2211 • Fax 887.1297 Tammy deWeerd (208) 888-4133 • Fax (208) 887.4813 PLANNING AND ZONING Chene McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 . Faz 888.655.1 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Ann: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No : AZ 00-026 Request: Annexation and Zoning of 5.4 acres from RT to R-4 for a Planned Unit Development for proposed Kodiak Development By: Hubble Engineering Location of Property or Project: Meridian Road and Overland Road Sally Norton, P/Z -Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, PIZ Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department --- Sanitary Service Building Department Your Concise Remarks: Fire Department Police Department Alf - City GCity Attorney City Engineer City Planner Parks Department (Residential Applications only) Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Gen • 26 PPIFP/PFP .30 AZ • Z7 JAN 05 '01 07:36 JAN 5 2001 City of Meridian f;aty Clerk Office 2oeeae5052 PAGE.07 January 16, 2001 AZ 00-026 MERIDIAN PLANNING & ZONING MEETING January 18, 2001 APPLICANT Hubble Engineering ITEM NO. 12 REQUEST Annexation and Zoning of 5.4 acres from RT to R-8 for a proposed planned development for proposed Kodiak Development West of Meridian Road one-half mile south of Overland 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: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: COMMENTS See attached comments See attached comments Public Safety Concerns MFD will not have a problem with this annexation No Remarks No comment Plan for heavy truck access and turn around accesss See attached comments No objections to this proposal No comment Arr-V fe, ID cchj CAJ-L'tr, Contacted: i`0�,:.:5 Imo-' M CW Date: t -l& O I Phone: ?ZZ' 911 Z_ Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Corrie cn-y COUNCIL MEMBERS Ron Anderson Keith Bud Tammy deWeerd Cberie McCandless MEMORANDUM: To: From: Re: HUB OF MEASURE VALLEY r A Good Place to Live CITY OF MERMLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX(208) 887-4813 City Clerk Office Fax (208) 888-4218 Planning & Zoning Commission/Mayor & City Council 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 January 16, 2001 j qN ,2?0 Bruce Freckleton, Assistant to City Engineer ji* Cicty Of O, Brad Hawkins -Clark, Planner CIe kin(jr lay r Request for Annexation and Zoning of 5.4 Acres from RUT to R-4 for a ID for Proposed Kodiak Development. (File#AZ-00-026) 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 annexation and zoning application proposes to annex a 5.4 -acre parcel with a zone of R-8. There is currently a single-family residence on the eastern end of the parcel and agricultural use on the west end. The Applicant is proposing an R-8 zone, which is a permitted zone under the Comprehensive Plan designation of Single Family Residential. The application includes three (3) conceptual plans of how the property could be developed. The Applicant is requesting the City's input/feedback on these PUD layouts prior to submitting a formal development application. As with the Valley Shepherd Church of the Nazarene application submitted last month (the property immediately south of subject site), only the eastern half of this property can sewer into the Meridian Road sewer trunk line. The western half would eventually be served by the Black Cat Trunk. LOCATION The parcel is located on the west side of Meridian Road/SH 69, at the mid-section line between Overland Road and Victory Road. SURROUNDING PROPERTIES North — Elk Run Subdivision, zoned R-4, and the future Bear Creek Subdivision, zoned R-4. South — Proposed Valley Shepherd Church, zoned R-8 (approved by Council 1-2-01). East — A 4.5 -acre parcel, zoned RUT (Ada County) is directly across SH69. Uses include single family residential and heavy truck parking. West — Future Bear Creek Subdivision, zoned R-4, and future 18 -acre City -owned park. Bear Creek's W. Polar Bear Street will stub to the west boundary of subject property. AZ -00-026 Kodiak Sub.AZ Mayor, Council and P&Z January 16, 2001 Page 2 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 parcel contiguous to existing city limits. 2. The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential and would allow the proposed mix of residential, RV storage and day care center under a Conditional Use Permit. 3. The easterly portion of the subject property can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel would require extension of the future Black Cat Trunk Sewer. 4. The proposed R-8 zone and mixed use development concepts would be compatible with and provide a good transition between the church/planned development to the south and the single-family residential to the north. 5. The concept plans submitted with this application will not be approved as a part of the annexation process. They are intended for discussion and City review only. Any future development will require separate development application(s). Staff Review of Development Concepts Submitted with Application • Ordinance 12-3-2 states that a developer may meet with the Commission or Council prior to submitting an application. As such, conceptual development plans have been submitted with this annexation application and will be reviewed and discussed by the City prior to submission of a plat application. • Of the three (3) concept plans submitted, Staff could support only Concept #1. It offers a certain amount of traffic calming through the angled street alignment, provides a good mix of uses, places residential adjacent to the church instead of a "speedway" street and offers the most amount of open space for residents. Neither Concept #2 or #3 meet any of these features. Ideally, Staff would encourage a Residential Collector street classification at this half -mile line in the section, built as a full connection with Meridian Road/SH 69. But it's essentially too late. Since W. Polar Bear Street (the Bear Creek Subdivision stub street) is platted as only a 50 -foot local street standard and there is front -on housing within Bear Creek on Polar Bear Street, this Collector classification is not a possibility. The question then becomes whether or not a local road should connect from Stoddard to Meridian Road/SH 69 through this parcel. ACHD's recommendation is that Polar Bear not be extended all the way to Meridian Road/SH 69 due to the amount of vehicle trips per day that may use the new roadway as access to the state highway and create a "cut through" problem for this site. Staff supports ACHD's recommendation in Item "F" on page 2 to extend Polar Bear Street from Bear Creek into the subject site for approximately 100 feet and then cul-de-sac the AZ -00-026 Kodiak Sub -AZ Mayor, Council and P&Z January 16, 2001 Page 3 street (essentially what is shown in Concept #1). A second street would access the site from Meridian Road/SH 69. At a minimum, emergency vehicle and pedestrian access must be provided to allow some connectivity between the residential and non-residential uses. • While it could not be confirmed yet by ITD, Staffs understanding is that ITD intends to install a future traffic signal at Calderwood Street (in Elk Run Subdivision), which is approximately 1,100 feet north of the subject parcel and which would collect most of the Bear Creek traffic. SITE SPECIFIC REQUIRMENTS 1. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. A condition of the Development Agreement shall be that the build -out gross density of the entire 5.4 -acre parcel shall not exceed four (4) dwelling units per acre, although housing types permitted under the R-8 zone will be permitted. 3. A condition of the Development Agreement shall be that future development and use of the subject property will occur only through the Conditional Use Permit process. 4. Approximately half of the subject parcel is designated to sewer into the Black Cat Trunk which will be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12 -inch sewer that must be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station will be designed to serve only itself. The lift station will discharge into an existing eight - inch gravity sewer line in Overland Road which will be at or over capacity at build -out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight -inch receiving sewer will be monitored and, if capacity is exceeded, they will be required to re-route the pressure sewer to the Ten Mile Trunk along the east -bound off ramp of I-84. As per P&Z Commission and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it, including Kodiak. Policy -wise, this would be yet another case of crossing sewer service areas for the western half of this proposed area; therefore, that area shall not be developed with any uses requiring sanitary sewer service until such time as service is available to the future Black Cat Trunk Sewer. Open space and/or other uses not requiring sanitary sewer may be developed under the CUP process. 5. Any future driveway or public street connecting to Meridian Road/SH 69 from this property must be located at the south property line and provide a shared access with the property to the south. AZ -00-026 Kodiak Sub.AZ r"a Mayor, Council and P&Z January 16, 2001 Page 4 6. A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Meridian Road/SH 69 frontage. 7. A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Meridian Road/SH 69 frontage. GENERAL REQUIREMENTS 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. 2. 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. 3. 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. 4. 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 the street intersections and/or fire hydrants. 5. Off street parking shall be provided in accordance with the city of Meridian ordinance 11-13 for use of property. 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. Land Use Chapter 1. l OU 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 by encouraging controlled growth through city planning reviews and development agreements. 2. IU Support a variety of residential categories... 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2.5U Encourage compatible infill development... AZ -00-026 Kodiak SWAZ Mayor, Council and P&Z January 16, 2001 Page 5 Transportation Chapter 1.5U Encourage clustering of uses and controlled access points along arterial, collector and section line roads. 1.6U Encourage traffic calming measures in residential areas. Parks & Open Space Chapter 3. Le. Link residential neighborhoods, park areas and recreation facilities. Housing Chapter 1.1 The City of Meridian intends to provide for a wide diversity of housing types and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. 1.6 Housing proposals shall be phased with transportation, open space and public facility plans... 1.7 Residential developments shall be phased in accordance with their connection to the municipal sewer system. 1.8 The efficient use of land for public facilities, transportation systems, utilities and the economic arrangement of buildings should be promoted. 1.18 As PD methods and standards are implemented, variations pertaining to planned development ... shall not exceed 25% of the existing requirements... RECOMMENDATION Staff recommends approval of the requested annexation with the above conditions. AZ -00-026 Kodiak Sub.AZ �a --v J11MOM ON � 8 S g N 01V1'59' E 158.90' Z� kN I 4 I 8� I = 3 k m� I O ooao I r L _ z n.xo v � 6 a � � o OOO 0 ua a )JN IC V �$ ) Y L . O a000 DODD p x $ a $ a O 8 lY $ a D �� ® Y L 1 S IT/I ® 8 M I )tlu' a L $ q m z x O� a � o w� Zm - o Z� u� � �z nm0 ;my O z -- -50055'77'W 190.47---/ -----� L-------- m; Z n IDmN X43 MERIDIAN ROAD A 0 o_z A D m 'RF l'J V ED JAM - 5 2961 MY OMF UNWIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 January 3, 2001 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: AZ 00-026 Annexation and Zoning from RT to R-4 for proposed Kodiak Development Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the annexation and zoning for the above-mentioned application. Sincerely, /3Z el fi! e,,-, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT ■ Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MAZ00-026 -_ 'RECEIVED JAN 12 2001 ADA COUNTY HIGHWAY DISTRICTCITyOFMERIDIAN Planning and Development Division Development Application Report 2435 S. Meridian Road Rezone This application has been referred to ACHD by the City of Meridian for review and comment. The applicant is requesting a rezone from RT to R-4 and annexation into the City of Meridian. The 5.4 - acre site is located on the west side of SH -69 (Meridian Road) approximately %2 -mile south of Overland Road. This development is estimated to generate less than 500 additional vehicle trips per day depending on the specific use. Roads impacted by this development: SH -69 ACHD Commission Date — January 17, 2001 - 12:00 p.m. MAZ00-0026.cnim Pate ] Facts and Findings: A. General Inforniation Owner — Jim Jewett Applicant — Hubble Engineering, Inc. RT - Existing zoning R-4 - Requested zoning 5.4 - Acres 289 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District State Highway 69 (Meridian Road) State Highway with bike route lane pathway designation Traffic count of 15,262 on 8-24-99 (s/o Overland Road) Better than C -Existing Level of Service Better than C -Existing plus project build -out Level of Service 186 -feet of frontage B. On January 2, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January 5, 2001, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. On July 7, 1999, the ACHD Commission Reviewed and approved Bear Creek Subdivision, a 326 -lot residential subdivision to the west of this site. That applicant was required to construct a stub street to the west property line of the subject parcel. Bear Creek Subdivision has not yet been constructed. D. The parcel to the south of this site is currently undeveloped. The Commission reviewed that site as MAZ00-0018, a rezone from RT to R-8 and annexation into the City of Meridian. ACHD has not approved a development plan on that parcel. The conceptual plan is for a church. E. The applicant intends to develop the western portion of the parcel as single family residential, and a smaller portion abutting SH -69 as a potential office use. F. The applicant should extend the platted stub street at the west property line into the site. Staff does not recommend that the street be extended all the way to SH -69 due to the amount of vehicle trips per day that may use the new roadway as access to SH -69. Staff recommends that when the applicant submits for preliminary plat approval, the stub street be extended into the site and then cul-de-sac to serve the residential uses. The office use could be served by a shared driveway off SH -69 at the south property line. Another alternative would be to extend the stub street into the site for approximately l 00 -feet, and extend another street into the site from SH -69. The two streets would not connect except for emergency vehicle and pedestrian usage (see MAZ00-0026.cnun Pa, -,e 2 maps). These two alternatives would prevent cut through traffic, yet extend the stub street from the Bear Creek Subdivision. G. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. H. State Highway 69 is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garz at 334-8340. 1. A Transportation Impact Study (TIS) may be required at the discretion of the Idaho Transportation Department's Traffic Engineer if the proposed development meets criteria presented in ITD's Requirements for Transportation Impact Study, April 1995. A TIS is not required if the development generates less than 25 new peak hour trips on a state highway and the total added volume will be less than 250 vehicles per day. A "full TIS is required whenever a proposed development will generate 100 or more new peak hour trips; or when the total volume expected to be added to the state highway system by the development equals or exceeds 1000 vehicles per day. A "minor TIS is required for developments that will generate between 25 and 99 new peak hour trips or will add from 250 to 999 vehicles per day For further information on the TIS, contact the District Pen -nit Officer, Mr. Nick Brizzi at 334-8341. J. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. K. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Recommendation to ITD and City of Meridian: Driveways or public streets connecting to SH -69 should be located at the south property line to provide a shared access with the property to the south. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City County: Site Specific Requirements: 1. Comply with requirements of ITD for State Highway 69 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. MAZ00-0026.cnum Pane 2. The applicant should extend the platted stub street at the west property line into the site from the Bear Creek Subdivision. Staff does not recommend that the street be extended all the way to SH -69 due to the amount of vehicle trips per day that may use the new roadway as access to SH -69. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request ' for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building pen -nit (or other required pennits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full MAZ00-0026.cmin PaL,e 4 business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief's granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development _- Division at 387-6170. Submitted bv: Commission Action: Planning and Development Staff NI A Z00-002 6. c min Paine NOTICE OF HEARING NOTICE 1S 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 20, 2001, for the purpose of reviewing and considering the application of Hubble Engineering for annexation and zoning of 5.4 acres from an Ada County RT zone to R-8 for a proposed planned development for proposed Kodiak Development generally located west of Meridian Road one-half mile south of Overland 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 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 19th day of January, 2001 WILLIAM G. BERG, JR., CVTY CLERK PUBLISH 2"d and 16th of February, 2001. OF 8 MUL 1 00 R� P 'JIll 'rte y �y d �c �y� The Idaho Statesman 'i i P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Account # DTI# Identification JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Amount: 064514 380190 NOTICE OF HEARING Planning and Zoning Commission of the $86.52 Ordered by: P.O. # Rate Run Dates Of reviewing and considering the applica- tions of: r, was published in The Idaho Statesman, in conformity with Section 60-108, NT DEC. 29, 2000, JAN. 12, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. at view Avenue and North Hickory Way; - 58 MERIDIAN, ID 83642 consecutive daily FX odd skip Affidavit Legal # Care Center; furthermore,' the applicant also requests a Conditional Use Permit for a Planned Development in a proposed beginning with the issue of: DECEMBER 2 9 , 2000 1 9185 LEGAL NOTICE hl ; `A, JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant Clerk of The Idaho Statesman, a daily newspaper printed and published at to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Boise, Ada County, State of Idaho, and having a general circulation therein, and Planning and Zoning Commission of the which said newspaper has been continuously and uninterruptedly published in City of Meridian will hold a public hearing I at the Meridian City hall, 33 East Idaho said County during a period of twelve consecutive months prior to the first Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 18, 2001, for the purpose publication of the notice, a P copy of which is attached hereto: that said nc`ice Of reviewing and considering the applica- tions of: r, was published in The Idaho Statesman, in conformity with Section 60-108, . T The Land Grou,.c p, Inc., for Preliminary Idaho Code, as amended for: TWO Plat approval of 5 building lots on 6.95 acres In an L -O zone for the proposed Mallane Commercial Complex generally located the northwest corner of Fair- consecutive weekly single at view Avenue and North Hickory Way; - SRS Architects for rezone of 8.88 acres from R-4 to L-0 for St. Alphonsus consecutive daily FX odd skip Regional Medical CenterAmbulatory s insertion ) Care Center; furthermore,' the applicant also requests a Conditional Use Permit for a Planned Development in a proposed beginning with the issue of: DECEMBER 2 9 , 2000 L -O zone for proposed St. Alphonsus Regional "Medical Center generally and ending with the issue of: JANUARY 12 2001 located on the southeast corner of Cherry Lane and Ten Mile Road; : `- Treasure Valley Engineers, Inc.; for a Conditional Use Permit to construct a new office / warehouse building in a floodplain I for Big D Builders generally; located at King Street and l3altic Place;' LeaMitt and associates Engineering for I annexation and zoning of 8.15 acres from STATE OF IDAHO ) RT to R-4 for proposed Staten Park Subdi-, )ss vision; furthermore the applicant also requests Preliminary Plat approval of 24 COUNTY OF ADA building lots and 5 other lots on 8.15 acres In a -Proposed- R-4 zone for proposed On this 12 day of JANUARY in the year of 2001 Staten Park Subdivision generally located east of Black Cat Road and south of Ustick before me, a Nota Public Notary , personally sonally appeared before me Janice Hildreth Road; Janet Torgensen for a Conditional Use known or identified to me to be the person whose name subscribed to the Permit for a child care center for 24 chil- dren in an R-15 zone for proposed ABC within instrument, and being by me first duly sworn, declared that the state- Club Daycare and Preschool located at ments therein are true, and acknowledged to me that she executed the same. 650 West Broadway; Hubble Engineering for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for L`��Q proposed Kodiak Development generally located west of Meridian Road one-half Notary Public for Id o mile south of Overland Road; Residing at: Boise, Idaho Pub. Dec. 29, 2000, Jan.12, 2001 9185u.► fvlyOd�i7�lgstiiin.pires: o ; �OTARJ- �° J'UB0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 18, 2001, for the purpose of reviewing and considering the application of Hubble Engineering for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for proposed Kodiak Development generally located west of Meridian Road one-half mile south of Overland 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. DATED this 181h day of December, 2000 WILLIAM G. BERG, JR., &TY CLERK \ltit;�.1 „ti111l Itl��lF}j,y Or V€'°FJ�q ro ' PUBLISH December 29th, 2000 and January 12th, 2001. SEAL 2s eFn C,1c se 60t-ve c -1est- . n1 , �y Al aA 1-2-291 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 18, 2001, for the purpose of reviewing and considering the application of Hubble Engineering for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for proposed Kodiak Development generally located west of Meridian Road one-half mile south of Overland 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. DATED this 18th day of December, 2000 /' WILLIAM G. BERG, JR., CM CLERK ;.ltttdt (! 1 NF/lt! oV •Popq PUBLISH December 29th, 2000 and January 12th, 2001. S _= 9 7 Ncd fJ 1 S -cam enc./cs �'or�PctP� V1C/nI'ly Inalo /-2-D/ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 18, 2001, for the purpose of reviewing and considering the application of Hubble Engineering for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for proposed Kodiak Development generally located west of Meridian Road one-half mile south of Overland 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. DATED this 18th day of December, 2000 WILLIAM G. BERG, JR., TY CLERK KA .�► i PUBLISH December 29th, 2000 and January 12th, 2001. SUL - Sent By: ; 208 888 6854; Nov -16-00 4:35PM; Page 3/3 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 18, 2001, for the purpose of reviewing and considering the applications of: The Land Group, Inc., for Preliminary Plat approval of 5 building lots on 6.95 acres in an L -O zone for the proposed Mallane Commercial Complex generally located at the northwest corner of Fairview Avenue and North Hickory Way; BRS Architects for rezone of 8.88 acres from R-4 to L -O for St. Alphonsus Regional Medical Center Ambulatory Care Center; furthermore, the applicant also requests a Conditional Use Permit for a Planned Development in a proposed L -O zone for proposed St. Alphonsus Regional Medical Center generally located on the southeast corner of Cherry Lane and Ten Mile Road; Treasure Valley Engineers, Inc., for a Conditional Use Permit to construct a new office / warehouse building in a floodplain for Big D Builders generally located at King Street and Baltic Place; Leavitt and Associates Engineering for annexation and zoning of 8.15 acres from RT to R-4 for proposed Staten Park Subdivision; furthermore the applicant also requests Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision generally located east of Black Cat Road and south of Ustick Road; Janet Torgensen for a Conditional Use Permit for a child care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool located at 650 West Broadway; Hubble Engineering for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for proposed Kodiak Development generally located west of Meridian Road one-half mile south of Overland Road; PUBLISH December 291h, 2000 and January 12th, 2001 CifyofMeridian ---� ' Kodiak Development C4 Clerk's Office 33 East Idaho Meridian, ID 8364 2 Queenland Acres Inc. 1032 Cayman Dr. Meridian Id 83642 Bear Creek LLC 6223 N. Discovery Wy #100 Boise Id 83713 The Development Company 1903 S. Gull Cove PI. Meridian Id 83642 Jameson & Juanita Fitzgerald 2315 S. Gull Cove PI. Meridian Id 83642 Adam & limberly Geis 2302 S. Gull Cove PI. Meridian Id 83642 Lauri Smith 2318 S. Gull Cove Pi. Meridian Id 83642 William & Jean Aaron 2435 S. Meridian Rd. Meridian Id 83642 Valley Shepherd Church of the Nazarene 831 E. 1st St. Meridian Id 83642 Jose & Janice Larrea 100 Rosalyn Ct. Meridian Id 83642 Jose Ramon larrea 105 Rosalyn Ct. Meridian Id 83642 Page 1 of 1 Sharon Smith From: Sharon Smith Sent: Friday, July 25, 2003 12:15 PM To: Steve O'Brien (E-mail) Subject: RE: Bear Creek, LLC AZ Ord and Sum Ord - AZ -99-010 Ok, yeah! putting this one behind us! I need the AZ map for Kodiak Sub file to be annexed into Bear Creek 6. Need this by July 31 please for August 5th City Council. Thanks! -----Original Message ----- From: Marlene St. George [ma i Ito: ms@WHITEPETERSON. com] Sent: Friday, July 25, 2003 10:36 AM To: 'bergw@meridiancity.org'; 'Sharon Smith'; Tara Green' Cc: 'Anna Powell'; 'Brad Hawkins -Clark'; 'Jessica Johnson'; Bill Nichols Subject: Bear Creek, LLC AZ Ord and Sum Ord - AZ -99-010 Importance: High Pursuant to the change in ownership of the Kodiak Development property, which is now owned by Bear Creek, LLC, and which property is now a part of the Bear Creek Subdivision, I have prepared new ordinances to reflect this new change. Therefore, you will find attached the revised AZ Ordinance, Cert. of Clerk, AZ Summary Ordinance, AZ Summary Ord. cover letter, along with the main cover letter. This matter should have all the documents in to the Clerk's office now, and is ready for moving along to Council for their action. Additionally, our runner will be hand delivering the originals of all of the above documents. If you have any questions, please give me a call Thank you, Marlene St George Legal Assistant White Peterson 5 700 East Franklin Road, Suite 200 Nampa, Idaho 83687-8402 208-466-9272 Ext, 111 ms@whitepeterson.com Confidentiality Notice: This email message may contain confidential and privileged information exempt from disclosure under applicable law. If you have received this message by mistake, please notify us immediately by replying to this message or telephoning us, and do not review, disclose, copy, or distribute this message. Thank ou i 7/25/2003 Meridian City Council Meeting August 5, 2003 Page 3 of 56 H. Findings of Fact and Conclusions of Law for Approval: PP 03- 008 Request for Preliminary Plat approval of 89 building lots and 7 other lots on 34.52 acres in a proposed R-8 zone for proposed Birchstone Creek Subdivision by Centennial Development, LLC — northwest corner of West Ustick Road and North Black Cat Road: I. Findings of Fact and Conclusions of Law for Approval: VAR 03-013 Request for a Variance to Meridian City Code 12-4-5 requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Birchstone Creek Subdivision by Centennial Development, LLC — northwest corner of West Ustick Road and North Black Cat Road: J. May 2003 Addendum to Development Agreement: (Touchmark Living Centers AZ 99-0021) / CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake Village by Hummel Architects, P.A. — east of South Eagle Road on East Franklin Road: K. Development Agreement: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed Planned Development for proposed Bear Creek Subdivision No. 6 (fka / approved as Kodiak Development) by Bear Creek LLC — west of Meridian Road one-half mile south of Overland Road: L. First Addendum to Exhibit "A" Legals of the Development Agreement: AZ 00-018 Valley Shepherd Church of the Nazarene: M. June 2003 Addendum to Development Agreement: AZ 99-010 Queenland Acres, Inc. and Bear Creek, LLC: N. Development Agreement: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L -O, and C -G zones for proposed Paramount Subdivision by Paramount, LLC — west of North Meridian Road and north of West McMillan Road: O. Sewer and Water Main Easement for Lochsa Falls Subdivision: P. Sewer Main Easement for Havasu Creek Subdivision No. 2: Q. Sewer Main Easement for Havasu Creek Subdivision No. 3: r Meridian Planning and Zoning commission Meeting January 18, 2001 Page 81 engineering for proposed Staten Park Subdivision at Black Cat Road and Ustick Road. Borup: Did we close the public hearing? Commission: Yes. Borup: Did we close both of them? Commission: Yes. Borup: Okay. Sorry for the interruption. Go ahead. Centers: With that motion of course include all staff comments as submitted and recommended by them. Hatcher: Second. Borup: Motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Thank you that was Item No. 10 the annexation and zoning. No. 11 on the Preliminary Plat. Centers: I would like to send to the City Council for their approval I move that we approve Item No. 11 PP 00-027 Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision by Leavitt and Associates. Included there in all staff comments as submitted. Nary: And probably the supplemental of the walking path — Centers: Correct. Nary: Second. Borup: Motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 12. Public Hearing: AZ 00-026 Request for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for proposed Kodiak Development by Hubble Engineering — Meridian Road and Overland Road: Meridian Planning and Zoning -ommission Meeting January 18, 2001 Page 82 Borup: Thank you. Okay do we still have the last applicant here? Item No. 12 — 11 o'clock is when we decided we wanted to have these meetings over. We're not going to quite make it. Item No. 12 is a public hearing request for annexation and zoning of 5.4 acres from RT to R-4 for a proposed Planned Unit Development for proposed Kodiak Development by Hubble Engineering. I would like to open this hearing and start with the staff report. Hawkins -Clark: Thank you Chairman Borup I think you're fairly familiar with this area. Recently approved Bear Creek immediately to the west and this area here, which does include this piece immediately north. (Inaudible) subdivision the proposed Valley Shepherd Nazarene immediately to the south. South Meridian Road. I would correct the presentation slide here its says R-4 should be R-8 that's also wrong on the agenda they are proposing an R-8 I thought one of them said R-8 somewhere. Nary: It says R-8 on the staff report. Hawkins -Clark: The transmittal dated January 16, 2001 actually does say R-8 on the request line. Here are site photos as the plan currently is. There is an existing residence on the east end fronting on Meridian Road. Meridian Road is at currently five lanes in front of this project with a center turn lane. Picture on the right is a southern boundary here is a current driveway. Existing this is looking south. Our staff report dated January 16, 2001 has some discussion about the three different concepts that were submitted to you. This board has probably seen this before the Ordinance does allow the applicants to come even before submitting a formal application to get your feed back on design of plats and layouts. This was the applicants desire in this case was rather than come in with a plat at the same time as this annexation to get your feed back on some options. It is a fairly unique configuration sandwiched between these two. As we discussed in the memo we are recommending that this concept number one of the three be something that could be approved. Again none of these are approved or would be approved with the annexation request. This is one we would support the most and we give our reasons for that here on page two. Concept two was to have flag lots similar design on the east end. Then concept three was to do pretty much your straight R-8 minimum frontages. If Bruce wants to speak to it he can. In general the sewer on this project there's only the first something like 60 -percent — Jim Jewett may be able to speak to the depth. Currently you will only be able to sewer back from Meridian Road to approximately this point here. At this point since Bear Creek is on a lift station the assumption there is at capacity and they would not be able to pump back. That is the reason for this open space here. Just one item to point out on Number 2 under Site specific if you do recommend approval I wanted to clarify that the wording on that condition of the Development Agreement shall be that the build out gross density of the entire 5.4 -acre parcel shall not exceed 4 dwelling units per acre. Then to add they're not to exclude the bonus density allowance. Meaning that the overall density of R-4 can only be achieved if they Meridian Planning and Zoning commission Meeting January 18, 2001 Page 83 receive the bonus density for the open space. I just wanted to clarify that. I think that's all I have. Borup: The proper zoning is for R-4 not R-8? Hawkins -Clark: R-8 is the request. In order to get the proposed housing type R-8 is the only thing that would allow town homes. Borup: Then why are talking about for per acre? Hawkins -Clark: that would actually be the density of this entire 5.4 -acre parcel at build out it would still be four units per acre. If you see what I mean — if you take the proposed what is it — Borup: You are saying add that in as — that was part of the — Hawkins -Clark: Just a clarification. If you I feel its okay then that's fine then you don't need to do anything. Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: I guess I have a concern was this advertised as the title states R-4 planned unit development rezone. Ugarriza: Commissioners, I just checked everything, and it's supposed to be R-8. The only thing that's wrong is the agenda. Hatcher: Look at the front of the staff comments that's the proper — Nary: Okay. Borup: Is the applicant here and would like to come forward. Jewett: My name is Jim Jewett; I reside at 4002 West Teter, here in Meridian. If I may I would like to go ahead and hand you Commissioners a smaller copy of this so you can have it front of you. What we have here is a left over piece of property that once Bear Creek got approved and the church got approved to the south that we had a difficult time figuring out what exactly to do with it. That's the reason why we're coming in with an annexation with a concept so you Commissioners could look at what we're faced with and try to help me decide the best way to go. Through the process of working with ACHD and working with the staff its been voted on I guess by consensus that — *** End of Side Five*** Meridian Planning and Zoning t,ommission Meeting January 18, 2001 Page 84 Jewett: -- is the concept that is most acceptable to ACHD and to staff. What it is it's a concept utilizing patio homes, which we've given a couple of elevations here to show what those patio homes would look like. The reason for the R-8 zoning is the different uses that R-4 wouldn't give us. The R-4 density, which is what Bear Creek is, is what we're trying to maintain just trying to use the R-8 to give us the versatility of town homes and also the non-residential use up front, which under R-8 we could use a daycare facility or medical dental. We didn't feel that resident housing right up next to Meridian Road was appropriate there and R-8 gives us that ability to come and Conditional Use for a non-residential use right there on the frontage. We're utilizing in this particular layout we're utilizing a density bonus by putting tennis courts and the RV storage area in the back, which is an area that's going to be sewerable through the existing sewer line on Meridian Road. With the Black Cat Trunk being some ways off and Bear Creek not having capacity we felt it best to use that back as open space, recreational facility and RV storage. I'm negotiating with Bear Creek now to jointly share that as a Homeowners Association. They would use the RV storage they would use the tennis courts to further enhance the Bear Creek Subdivision as well as this little plat. Again the other two concepts were basically showing a road going down along side the church. The church has no use for along there they take their frontage off of Meridian Road. The church has agreed to a joint shared at this location that was a recommendation from City Council and it was a recommendation from ACHD that the church joint share an access. The church has agreed that's the best way to go. That's why you see kind of a half street there shown now because the church is going to share the other half of that entrance. What I am asking of you tonight is give me some feed back on what you think on the concept and then I'm asking for recommendation for approval of the R- 8 zoning with the staff comments. I agree with all the staff comments. I want to go home so I will stand for questions. Borup: Any questions for Mr. Jewett? Centers: Mr. Chairman. How do they get back to the RV storage? Jewett: They would come through Bear Creek for the actual storage they would come through Bear Creek and there would be a pedestrian path connecting the two so they could walk back to their houses. Centers: So that's a Bear Creek — Jewett: That's a stub street coming out of Bear Creek. Nary: Mr. Chairman. Borup: Commissioner Nary. Meridian Planning and Zoning Lommission Meeting January 18, 2001 Page 85 Nary: Who would own this recreation area and maintain it? Jewett: The proposal would be the joint Homeowners Association of Bear Creek and this plat. Nary: Okay. But if Bear Creek doesn't want to do that — Jewett: Then it would be just this plat. The road still comes through so I'm not — I don't know if they would stop people from Bear Creek from using it. I think the people from Bear creek are going to be — they have been warm to the idea. Nary: At the minimum at least this particular homeowners group would be required to maintain it if the other one doesn't work out. Then the stub street would probably have a sign right in front of it of some sort. Jewett: Probably. Hatcher: Question, Commissioner Borup. Borup: Commissioner Hatcher. Hatcher: Lot 1, you've got listed as a non-residential area about 32,000 square - foot lot. I assume you're looking at probably a commercial development there? Jewett: Like I stated earlier under R-8 the uses that would be under Conditional Use would be daycare, medical, dental, retirement that type of uses. What we would generally be looking at would probably be day care. Hatcher: It would be appropriate. It is commercial development? Okay well that's fine. Feedback like to commend you on this proposal I've seen several PUD's that don't nearly work as harmoniously as — and you've got a sliver of a piece of property you've done better than I've seen a lot of other ones. Commend your architect I like your town houses, nice looking. Nary: Mr. Chairman I would probably add on to that I think the — I like it for the same reason Commissioner Hatcher does. It's something different it is a better use of a property that there is probably not a whole lot of uses for that property. It does green space; it does have some recreation space. You have done as much as you can with this piece of property with something different for the City that I think is just better than just putting 10 houses along this strip. Jewett: I have to commend staff because they worked very hard with me to come up with some uses that — I currently live in the Lakes at Cherry Lane and I have a motor home and I get yelled at every time I park it out front even to unload it. I wish I had an RV storage over there where I could park my motor home and walk to it. That's boats and motorcycles on trailers; I think the RV storage is an Meridian Planning and Zoning commission Meeting January 18, 2001 Page 86 excellent idea in PUD's. It gives the residents places to park without having to go down to the mini storages. Hatcher: Because you have those postage stamp lots you can't park it on your own piece of property. Nary: On these patio types of homes none of them none of them (inaudible) connected like a row house type of home? Jewett: No what we have been proposing if you look at — is a zero lot line on one side so they would all have a zero lot line but would not attach. Nary: One other question Lot 20 is that an open space or is that just a really teeny little house? Jewett: Lot 20 is just an open space that's the back of that turn around. Borup: One other comment and it really doesn't matter from our standpoint what you do in the recreation area do what ever you want to do. I just in other developments I've seen probably a basketball court get more use then a tennis court. Jewett: Actually what we would propose here — we would put a basketball hoops probably on both sides and then a quickly removable net -- Borup: -- in the middle — (inaudible) a double use. Jewett: Yes. I did get a proposal for that and it really wasn't that much more expensive to do that and it gave it the multiple uses. Borup: I've seen a lot of tennis courts sit vacant. Hatcher: A simple wall too a lot of times in situations here too. Is having blank wall so a person can practice their serve in tennis or the racquetball or handball. I mean some very simple things can go along way. Jewett: And we will be open to that as far as the recreation — that's why we classified a recreation area and we drew a full size tennis court so that we could kind of reference the amount of the area there. Borup: It sounds like the comments have a been positive — Hatcher: The only other thing I think needs to be addressed is the emergency pedestrian access. I think it needs to be noted that on both ends of this that I would highly recommend one is obviously the downgrading. This is an open Meridian Planning and Zoning commission Meeting January 18, 2001 Page 87 space I would highly recommend that this been with like grass pavers you know what I am talking about? Jewett: I do. Hatcher: Do this with grass pavers so that it appears to be an open grass. And or make sure that we have knocked down bollards. Jewett: We would have that. Hatcher: I can see two things happening here. If I'm a teenage living in Bear Creek and I know that's there zoom I'm going through there. Jewett: No the breakaway bollards would be required and the only thing we would have to meet is the fire and emergency standards for weight. Borup: That's what I was wondering on the — Hatcher: Yes those grass pavers meet UFC requirements. It would just be whether or not Meridian has had bad experiences or good — but they are a viable solution. Jewett: And they do add more green instead of just having — Hatcher: Exactly instead of having this strip of gravel or asphalt through that open space. Jewett: They should have had the bollards — Borup: We understand its just concept and that will be on when the plat is turned in anyway so that's not really critical. Hatcher: I commend you this is nice. Borup: Yes a tough piece of property to do something with. Hatcher: It looks a lot better than a cow pasture. Commissioner Borup. Borup: Commissioner Hatcher. Hatcher: If there is no further discussion I move that we close the public hearing. Centers: Second. Borup: Motion is second. All in favor? Meridian Planning and Zoning Uommission Meeting January 18, 2001 Page 88 MOTION CARRIED: THREE AYES, ONE ABSENT Hatcher: Commissioner Borup. Centers: Excuse me I have a question for staff. Borup: Okay do you want to before a motion? Centers: A motion to approve would include the concept number one is that it? Hatcher: No this is just the — Centers: So it's just to approve annexation and zoning to an R-8 zone and you do want you want to do regardless of our opinions? Hatcher: Well he will bring it back to us as a — Centers: Right we know we have to see a Preliminary Plat. There isn't much you can do with 100 -feet there on Meridian Road. I think that's scaled out to about 100 -feet. Is that's 100 -feet frontage? Hatcher: 190. Centers: On Meridian Road. 190? Nary: One other question with an R-8 zoning what other type of uses for the record would be there — I assume just multi -tenant apartment types of complex would be the other types of uses normally. Hawkins -Clark: there are actually numerous Conditional Uses', which is why we included as a condition everything would be Conditional Use. Nary: That would be part of the Development Agreement? Hawkins -Clark: That would be part of the Development Agreement right. But as far as housing types duplex and town homes you could not do apartments. No more than two. Nary: Okay. Hatcher: Commissioner Borup. Borup: Commissioner Hatcher. Hatcher: I motion move that we recommend approval to City Council for AZ 00- 026 the request for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for Kodiak Development by Hubble 1-01� 1-. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 89 Engineering west of Meridian Road, south Overland Road. To include staff comments. To include staff comments. Borup: We have a motion. Nary: Second. Borup: And a second. Uses of the permitted — it looks like the main permitted use would a library or museum. Nary: I think (inaudible) because the church wanted to have to have an R-8 for the other side. Borup: You could put a museum in there. Do we have any other discussion? All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Thank you. I assume we see you back again some time in the future. Hatcher: Commissioner Borup. Borup: Just a couple housekeeping items I'm assuming you're going to make a motion to — Hatcher: I was trying to. Borup: Just a reminder there is a workshop on January 30, 2001. Nary: Just as a note, I won't be able to be here on January 30, 2001. Borup: Oh, you were going to do a presentation. Nary: I know, but it is also the City of Boise's night to review the Booting Ordinance, and I am the author of the City of Boise Booting Ordinance, and since they pay and this doesn't, they win. Centers: Will Kristy be calling us? Ugarriza: I'm sure she will. (Inaudible conversation amongst Commissioners) Nary: The question I had, and I guess I'm seen a few of them that we filled out by Chief Gordon, public safety concerns is all he writes on there; correct? There are no explanations as to what that means. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 90 Borup: What she has on — oh you mean that's the standard thing. Nary: (inaudible) public safety concerns but no explanation of what that means. If there was an explanation then it would be included I assume? Borup: Yes and if its more — that's why she puts on some see attached comments if it's longer than she can type out in one line. She copies the whole thing. If it's a one -line comment it's typed in if it's more than that we got the copy. The other thing — did all of you there was a seminar if there is any interest in that Will would need notice of that with in the next few days. He told me a deadline and I don't remember. Nary: It looks like February 3, 2001, in Nampa. Borup: But he would like to get it by the first part of next week if there is some interest there. Hatcher: The third is a Saturday. Borup: Yes its all day thing. Nary: They're not very nice are they? Centers: Does anybody know anything about the value of it or the — Borup: This one a little different than some of the others we've had. It covers a couple of items. Nary: I do know Will Herrington is the former president of the Association of Idaho City Attorney's. Jerry Mason is either the current or either the immediate past president. Jerry Mason probably in Idaho from a lawyers perspective the authority on Planning and Zoning Law thus far other than Larry here for example. Borup: And they normally have done a — they've done seminars on the state Planning and Zoning. This is something a little different. The one part that may be — when it talks about — what does it say about hearings? Nary: Jerry has done -- I've been to presentations that Jerry has done for the National Risk Management Associations and the (inaudible) — Borup: I can see (inaudible) three fourths of it could may be benefit us. Nary: It could be good. Borup: Its optional. Meridian Planning and Zoning Commission Meeting January 18, 2001 Page 91 Hatcher: Why don't you go and then come back and give us a lecture on what you learned. Centers: Are you thinking about going? Borup: Yes I am. I've got to double-check my calendar too but — I'm going to do that right now. Hatcher: I move that we close the meeting. Nary: Second. Borup: Moved and second to close the public hearing. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 11:28 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ROBERT D. CORRIE, MAYOR WILLIAM G. BERG, JR., CITY CLERK Meridian City Council Meeting April 3, 2001 Page 2 n Development Agreement and annexation ordinance before approving CUP Findings of Facts and Conclusions of Law): B. Findings of Facts and Conclusions of Law for Approval: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed planned development for proposed Kodiak Development by Hubble Engineering — west of Meridian Road one-half mile south of Overland Road: C. Findings of Facts and Conclusions of Law for Denial: VAR 00-019 Request for a variance to exceed maximum building height of 35 feet and reduce the 30 -foot setback requirement to 20 feet along the 63 feet of the one-story section of the building for proposed Ameritel Inn by B & A Development — Eagle Road north of 1-84: D. Findings of Facts and Conclusions of Law for Denial: CUP 00-053 Request for Conditional Use Permit for a three- story, 87 -room hotel in an L -O zone for proposed Ameritel Inn by B & A Development - Eagle Road and 1-84: E. Development Agreement: AZ 00-016 Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village planned -unit development by Steiner Development, LLC — south of Ustick Road and east of Black Cat Road: F. Development Agreement: AZ 99-015 Request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC — south of Los Alamitos Park and north of Sherbrooke Hollows: G. Water Main Easement Agreement for Stratford Business Park (Murdoch Subdivision): H. Approve minutes of March 13, 2001, City Council Workshop: I. Approve Bills: Corrie: At that point, for the adoption of the agenda, I'll entertain a motion. n Meridian City Council Meeting February 20, 2001 Pg. 33 Item 9. Public Hearing: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed planned development for proposed Kodiak Development by Hubble Engineering — west of Meridian Road one-half mile south of Overland Road Corrie: Okay, I will reconvene the City Council meeting at 8:20. Item 9 is a Public Hearing request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for proposed planned development proposed Kodiak development by Hubbell Engineering west of Meridian Road one half mile south of Overland Road. We will use the same format that we used on No. 7, and we will have staff comments first. Stiles: Mr. Mayor and members of Council, the applicant has requested annexation and zoning to a zone of R-8 for this 5.4 acre parcel. It is immediately south of the Elk Run Subdivision and this area would be the Bear Creek Subdivision that has been approved through the City Council. This area down here was recently approved for annexation for the Valley Shepherd Church of the Nazarene facility. The property is quite narrow. A portion of the property could be served by the Meridian trunk line, if it is extended to the property. The back half is not serviceable until the Black Cat Trunk is available. The applicant did submit several concepts of what might be proposed for the property, however, those are not considered as part of this annexation and zoning request. There is an existing, not an existing, but a sub street that has been approved through the Bear Creek subdivision. It is a local street, 50 feet wide, and it would it stub in at roughly this location here. We would request that any development, if the annexation is approved be conducted under the Planned Development Process as Conditional Use Permit. That is all I have. The sewer line is held up in this location due to fiber optic line that will need to be extended. Fiber optic line has been constructed in a location that basically intersects this sewer alignment. Corrie: Any other comments, Gary? Smith: Mr. Mayor and members of Council, Elk Run Subdivision is a subdivision immediately north of this project. One of the conditions of the Elk Run subdivider was to extend sewer to and through his boundary. He brought the sewer into the subdivision on Calderwood, which is the east -west street right there where the arrow is. Then he extended it south in that long culdesac down to that culdesac, and then is exits in a common lot to Meridian Road. At that point, the sewer was to turn and continue south to his boundary. After they exited the Elk Run Subdivision, they encountered the fiber optic line at approximately the same elevation as the sewer line. In a horizontal location it was not in accordance with the plans that had been provided to us by the State Highway Department. The fiber optic line is outside of the easement that was granted to the communication company, which is no surprise I guess to anybody. Secondly, the extension of the sewer line came to an abrupt halt when there was no solution as to how it Meridian City Council Meeting February 20, 2001 Pg. 34 could be extended without getting into the prism of the roadway, the Meridian Road. The Highway Department, ITD, who has jurisdiction on that road was not interested in running that sewer line up onto the embankment of the roadway. So the developer continued the employ of his Engineer to explore for the location of the fiber optic farther to the south to see where it was horizontally and vertically, which they did. Those locations and elevations were determined in the field by pot holing and locations to the fiber optics, finding them and accurately locating them horizontally and vertically. With all that being said, there still is no solution as to how that sewer can be extended. All that information was provided to the Engineer that was representing the Nazarene Church who owns the property to the south of this parcel sometime ago. I do not know that any resolution has ever been made as to how that sewer can be extended, where it should be located, so that it is not in conflict with the fiber optics, obviously relocating the fiber optics is probably not a feasible project. That's a little history on the sewer. Thank you. Bird: Mr. Mayor. Corrie: Okay, Mr. Bird. Bird: Gary is the fiber optics in their easement? Smith: No. Bird: Okay, why can't they move it? Smith: The sewer has to be in their easement. I've got an easement down there. I understood Councilman Bird, that the Highway Department told them they were not in their easement, and that they were going to have to move it. I guess the communication people, whoever owned that, told them otherwise. So, that is where it is, there is a battle that hasn't been waged on that issue. Bird: I would think the City could take care of that. Smith: I don't know, perhaps. Corrie: A backhoe. Corrie: I mean fiber optics are easy to move the elevation on, because they do not have a standard grade, you dig a couple hundred feet of trench and you could move them up or down. I don't understand what is so difficult about moving fiber optics. Smith: Well, there is either 8 or 10 4 -inch diameter ducts that are concrete incased. Meridian City Council Meeting February 20, 2001 Pg. 35 Corrie: So, they ran it in concrete conduit? Smith: They ran it in PVC conduits that are clasped together with spacers so they are in a certain configuration. They transition from eight horizontal with two on top to ten vertical, so they are flat then they are vertical then they are flat. These banks are then encased in concrete to protect them from people digging through with backhoes, so they do not break them up. Corrie: So, it is a difficult situation with the installation that's there. Anderson: I guess I'm like Keith, if they put theirs in the wrong place, though, they ought to be responsible for moving it if they are not in their easement. Bird: We have got to get our sewer down there. Corrie: My question is where would we put our sewer otherwise? Smith: Well, that was something that the Engineer for the Nazarene Church was going to look at for them, and I don't know how much work was ever done by their Engineer. Corrie: Are there any more questions? Bird: Yes, I have one more, Gary, Mr. Mayor. Gary, they said that we are just stubbed out there at that common lot right down there by that cul-de-sac. We are just out to 50 or 69. Smith: It was brought out to Highway 69. There was a manhole built at that point. They dug a little farther and found that they were in conflict with the fiber optic. They then changed the alignment from the manhole so they could go either under or over the fiber optic, put another manhole on the east side of the fiber optic, and then start it down the road again with their excavation and ran into the fiber optic bank again. Bird: Don't we have some elevation sewering problems as we get down there a little south? Isn't round tippers in that area — Smith: Well, there is very limited service area on the west side of Meridian Road but there is depth enough in that sewer to get to service Meridian Heights Subdivision at Victory Road. There is a low spot were hardened drain comes through there. You can just barely see hardened drain down there as it is heading southeast, and it is a low spot, but the sewer does clear under it. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Meridian City Council Meeting February 20, 2001 Pg. 36 Anderson: Gary, I thought we had some capacity issues down there on the Nazarene Church. We were only going to be able to sewer part of that property and also that everything that is dumping from Elk Run and that is going into the wrong drainage right now. Or the wrong service line, and eventually it is going to have to be changed. Refresh my memory on what is happening down here. Smith: Okay, all of Elk Run is draining into Meridian road, which is where it was originally intended to drain. The boundary line for the drainage along the bottom portion of Elk Run is approximately 45 degrees right there starting from that point and going up. To the left, that is the Eight -mile lateral and that is a natural break in the drainage areas. Everything to the north and east of that Eight -mile lateral drains into Meridian Road to the south and west. Excuse me that's the Kennedy Lateral, to the south and west drains into the Black Cat Trunk. There is by elevation a certain amount of property to the west of Meridian Road that will drain into the sewer line in Meridian Road. It is not a very large area. Bird: It's just the front part of the Nazarene Church in this property that will drain into there. The other will drain back in towards Bear Creek and eventually hit the Black Cat Trunk sewer line, am I not right Gary? Smith: Yes, correct. As I understand it's an elevation problem, a ground line elevation problem, rather than a capacity issue in the sewer line. Anderson: So, this piece of property that we are talking about tonight was intended for Black Cat or the one in Meridian Road. Smith: Part of it was intended for Meridian Road, and part of it was going to Black Cat. Bird: The same as Nazarene was. Smith: And I cannot tell you Councilman Anderson, how much of that is going each direction, but it did have a split drainage area. Corrie: Any other questions? Bird: I have none. Corrie: Okay, thank you Gary. This is a Public Hearing we now invite anybody here to testify. Jewett: My name is Jim Jewett. 4002 Teeter in Meridian. Let me just touch on the sewer real quickly because it seemed to be a long topic. My proposal, when I first looked at this property and first talked to Public Works about solving that problem was Elk Run has a landscape easement. We are going to be required Meridian City Council Meeting February 20, 2001 Pg. 37 to a landscape easement buffering the Highway there. Why can't we just go back one manhole and stay within the landscape easement, bypass fiber optics and just stay within that easement instead of staying in the right-of-way? That was the question I posed to the church, why can't we do that to get the sewer down to them? Let them have their little mistake and keep it, I guess. Anderson: Fiber optics. Jewett: We went and surveyed the sewer down there, it is 15 feet deep and if fact we can approximate it to where the whole class is sitting right now. Figuring out the grade and how deep the sewer is, and how the ground falls off. The reason that we are applying for an annexation and zoning of R-8 was to have the multiple uses of the R-8, my application states we would stay to a density of R-4, staying in line with Bear Creek. The R-8 just gives us the versatility of patio homes, town homes, attached housing, so not knowing which way the City, you Councilmen, would want to go on this project being so skinny. We provided three concepts to the City through the process of ACHD and meeting with the City it was narrowed down to one concept to the city that I put forward. That they would support if an application did come in front of them. This concept is based on R-4 density, it is utilizing the back one-third, approximately that cannot be sewer now is utilizing it for open space to but a storage area for not only this little subdivision but for Bear Creek also combining with their Homeowners Association allowing that homeowners to use that public storage area. We had proposed a recreation area also in there with a tennis court that we are negotiating Bear Creek to use also. Planning and Zoning suggested other uses that might be more appropriate than a tennis court. We are here tonight to listen to ideas on that. That is not part of this application right now, but I was told we could discuss as far as giving me ideas on what would be acceptable to the City Council. I had conversations with the church and I was here and testified when the church got the annexation about the joint entrance. The ACHD was in favor of joined entrance, it sounds like the church is in favor. Again this concept shows a joint interest up in the south corner with the church. In the front along Meridian Road, again R-8 would give us a little bit more of versatility or uses, such as a daycare. We have had some interests of someone possibly wanting a daycare right along Meridian road, so that we were showing that on this concept as a non- residential lot. In R-8 there are some limited uses, like the church itself is an R-8 zoning with the use of the church. So, what I am here tonight is asking for the approval of the annexation and the zoning of R-8, and hopefully we could get moving forward on a Development Agreement, so that the preliminary plat could move right in behind. I stand for any questions. Corrie: Questions, Council? Anderson: On the tennis court and all that, that would common area that Homeowners Association would keep up? Meridian City Council Meeting February 20, 2001 Pg. 38 Jewett: Yes. Anderson: And then you are proposing that that be R -V parking back at the very back? Jewett: That is correct. Anderson: And would that be paved or just gravel? Jewett: Our initial thought was gravel. Corrie: No further questions? Jewett: You cannot let me off that easy. Corrie: You are going to get to come back. Jewett: Oh. Corrie: Maybe, okay is there anyone here who would like to issue testimony in favor? Against? Okay, I guess you may not get to come back. Council any other questions for the record that we are on Public Hearing? Then hearing no other testimony, I will entertain a motion to close the Public Hearing. Bird: So moved. Corrie: Motion made and seconded to close the Public Hearing, a further discussion, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Motion is passed. Council discussions? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I want to bring up one point, and I would like it clarified. He was talking about going down there landscape buffer for a sewer and Gary, I don't think we allow landscaping over sewers, do we? Smith: Councilman Bird, Mayor, and Council we do not allow landscaping of trees over the sewer easements. Grass, small shrubs that sort of thing we can deal with, but trees we cannot deal with. Bird: How about a buffer zone? P Meridian City Council Meeting February 20, 2001 Pg. 39 Smith: A buffer? Bird: Yes, bringing up, building up and stuff. Smith: You mean a berm? I guess it kind of depends on what it looks like as far as how high it is and how deep the sewer is below it, how accessible it is. If its 15 feet deep, I don't know the elevation of that sewer. Mr. Jewett said it was somewhere around 15 feet. There could be another 5 feet of berm on top of that, it depends of course where it is in the berm but that is getting to be pretty deep for maintenance, and specifically for personnel and manholes at that depth. Bird: Personally, I believe that should pursue getting our sewer down Meridian Road in its right easement, and what they do with their fiber optics is their problem. Smith: I will certainly make a phone call to ITD tomorrow and bring that subject back up and see where it goes. Bird: I do not think it is fair to the city to have worry about moving that around, when we already have our easement down there, and somebody else is in the wrong easement. Smith: There was a 10 -foot easement that was dedicated on the plans to the communication folks. That 10 feet was off the edge of the right-of-way, and our sewer was between that 10 feet and the roadway. They are way outside their easement. Bird: Thank you. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: This is a comment and a question for our Legal Counsel. This is a very awkward piece of ground. It is very long and skinny, and it is hard to come up with any real good type of development plan or layout on it. I think the applicant has done the best job he can with what he has to work with, but my question is before we take any action on this sewering issue, the City needs to be able to provide the services to annex it. If we do not know at this point tonight in good conscience that we can sewer it, where do we stand legally until this sewer issue is resolved? I guess I don't understand what our options are and we can take action on this without knowing how we are going to get the sewer to it. Nichols: Councilman Anderson, Mayor, members of the Council. That is one of issues that I saw in the implementation that you go through the Elk Run common Meridian City Council Meeting February 20, 2001 Pg. 40 lot, so that you essentially come inside the existing boundaries of whatever easements are out there, whether they are express or defacto. Means that the City would first have to have an easement from the Elk Run Homeowners Association through that common lot for that, to move that sewer line and put it through there, and you do not have that at this point. You do not know if they would grant it to you or make you pay for it or what. You need to be able to provide those services once the property is annexed in or at least be able to reasonably anticipate when they would be available. Anderson: I think the sewer line is through that easement, isn't it? The way I understood it, it is out to the highway, but as I understand it, it is at the north end of where that common lot boundary meets Meridian Road. It is not all the way to the south boundary of that common lot, is it Gary? Smith: That is correct. It is through the common lot from the culdesac to Highway 69. It is out into the public right-of-way, and then it started south in the public right-of-way and then it stopped. Anderson: Okay, so it did not get all the way to the end of the Elk Run common lot? Smith: That is correct. The common lot that is being proposed in which to locate this sewer is property of Elk Run No. 2 Homeowners Association. That is presently landscape with trees and grasses. Corrie: Councilman Anderson, does that answer your question? Anderson: Well, I guess that is providing that we are going to it back into the landscaping area that he is talking about. Otherwise it needs to go out in the public access, right? Smith: Correct. Anderson: I think that is the avenue we are still trying to pursue, correct? Smith: Yes, yes sir. Anderson: So, if I heard you right, we cannot do anything until we know that we can provide the service. Is that correct? Smith: My recommendation would be that you not. The other complication though is if I recall correctly, you have annexed the Valley Shepherd parcel, which implies that they have not come in for their permit for whatever they are actually to do on property. At such time as they do we better be able to get the sewer there, which means that this interfering fiber optic line is a major problem. Meridian City Council Meeting February 20, 2001 Pg. 41 If the fiber optic line was moved, or they somehow saw this as their problem and figured out how to fix it, then it would not be an issue. Anderson: The difference on this project and Nazarene Church is that the Nazarene Church? We did not know that there was any problem getting the sewer line there. Now we do know there is a problem. Corrie: Other than denying, can we not table it until we find out what is going on? Nichols: Mr. Mayor, members of the Council, you may table this to a date certain. The only problem is that you are going to get new information, which comes in. Now I would say this, this is a rezone application, so it is not quite a quayside judicial deal. It is a legislative decision although we treat them as quayside judicial, but the Public Hearing could be reopened and then continued to where Gary could come up with additional information. I would say two weeks is not enough time to come up with it, probably another month to find out who has the say-so and whose line it is, and who has jurisdiction besides the state ITD over granting those easements and on whose property does this fiber optic line trespass and those sorts of issues. Anderson: Mr. Mayor, can I make a motion to re -open the Public Hearing? Corrie: You sure can. Anderson: I would do so then. Corrie: Okay, do I hear a second? Bird: Second. Corrie: A motion made and seconded to reopen the Public Hearing, any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Public Hearing is re -opened. Anderson: Mr. Mayor? Corrie: Mr. Anderson. Anderson: I would then like to make a motion that we continue the Public Hearing until March 20th, and ask Gary and the applicant to try to get some more information about this sewering issue and how that can be resolved and bring that back to us on the 20tH Meridian City Council Meeting February 20, 2001 Pg. 42 Bird: Second. Corrie: Motion made and seconded to continue the Public Hearing until March 20, 2001. Have the City Public Works Director contact ITD and the parties involved and see what kind of information we have at that point. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: The applicant, you know what we have done, so you are aware of what we are doing? Jewett: Yes. Corrie: Okay, thank you. Item 10. Public Hearing: AZ 00-025 Request for annexation and zoning of 8.15 acres from an Ada County RT zone to R-8 for proposed Staten Park Subdivision by Leavitt and Associates — east of Black Cat Road and south of Ustick Road Corrie: At this time I will open the Public Hearing on Item 10 and invite staff comments first. Stiles: Mr. Mayor and members of Council, this is for the property it is immediately west of the property that has been approved as Wilkin's Ranch Subdivision. Dakota Ridge Subdivision would be in this location with the elementary school site, the golf course property and Ashford Greens development is to the south of the property. Eight mile lateral runs along the southerly boundary of the property, and the applicant has requested the zoning of R-4, have you requested R-8? For some reason this is showing up as R-8, and I believe the request was for R-4. They proposed a Preliminary Plat, which will be on the next Public Hearing and as part of their proposal they are proposing their open space would be partially made up by a pathway outside of the Eight -mile lateral easement along the southern boundary. We have at least preliminarily plans in the approved subdivisions for the lakes at Cherry Lane, a pathway that would be on the southern boundary. There is no proposal for crossing the Eight -mile lateral. Part of the reason for that was when The Lakes at Cherry Lane came in Mr. Leonard Aschenbrenner from the Nampa Meridian Irrigation District was opposed to any type of a pathway on the northern boundary, northern side of the eight mile lateral, but seemed somewhat willing to work with the city on one on the west side of the eight mile lateral. In this case, with the pathway that they have proposed on the north side, it would be totally outside of that easement and not subject to the Nampa Meridian Irrigation District License Agreement approval. That is all I have on the annexation and zoning Meridian City Council Meeting June 5, 2001 Page 2 Engineering for proposed Ashford Greens No. 6 — Black Cat Road, north of Cherry Lane: G. Findings of Fact and Conclusions of Law: CUP 01-008 Request for Conditional Use Permit of 3 residential lots to be developed as subdivision, pool, clubhouse and recreation area in an R-4 zone for Packard Subdivision by Packard Estates Development, LLC — north of East Fairview Avenue, west of North Eagle Road on North Hickory Way: H. Findings of Fact and Conclusions of Law: CUP 01-005 Request for Conditional Use Permit for gasoline facility consisting of a 3,612 square -foot canopy over 5 multi- product dispensers, cashier's kiosk and parking lot improvements in a C -G zone for Fred Meyer Gasoline Facility by Dakota Company, Inc. — 1850 East Fairview Avenue: I. Development Agreement: AZ 00-026 Requested amendment to Findings of Fact and Conclusions of Law and Decision and Order and Development Agreement for Kodiak Development: J. Development Agreement: RZ 00-008 Requested amendment to Development Agreement for Devlin Subdivision No. 2: K. Approve bills: Item 6. (Items Moved from Consent Agenda) E. Tabled from May 15, 2001: Findings of Fact and Conclusions of Law: CUP 01-009 Request for Conditional Use Permit for planned development to include office, retail and industrial for proposed Treasure Valley Technical Center by Meridian Freeway Associates and DBSI Industrial Limited Partnership -'/4 mile east of Linder Road, north side of Overland Road: F. Findings of Fact and Conclusions of Law: PP 01-003 Request for Preliminary Plat approval of 23 building lots and 3 other lots on 9.24 acres in an R-4 zone by Hubble Engineering for proposed Ashford Greens No. 6 — Black Cat Road, north of Cherry Lane: Item 7. Ordinance No. ZA 01-001 Request for consideration of amendments to Title 12, Chapter 6, "Planned Meridian City Council Meeting March 6, 2001 Page 22 Corrie: Mr. Nichols. Nichols: If I can interject, Gary on the subsurface sand and grease trap option for treatment of storm water, do you have some recommendations as to what would be included before you would pass off on this particular method of treating storm water? Smith: Yes sir. Mayor and Council and Mr. Nichols, we are basically following the Highway District's recommendations for subsurface disposal at this point. They are under review right now for revision, but at this point we are following ACHD's recommendations and specifications. Corrie: Any other questions? Bird: I have none. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that approve the request for Conditional Use Permit to construct a new office warehouse building a Flood Plane for Big D Builders with recommendation 1.1 wording changed and recommendation 1.27, 1.28 to include or and for staff comments and for the Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order. Anderson: Second. Corrie: Motion made and seconded to approve the request for Conditional Use Permit with the changes as are noted in staff comments including and have the Attorney to draw up the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, Mr. Berg a roll call vote please. Roll -call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 12. Continued Public Hearing from February 20, 2001: AZ 00-026 Request for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Development for proposed Kodiak Development by Hubble Engineering - west of Meridian Road one- half mile south of Overland Road: Corrie: At this time I will continue the Public Hearing and request staff comments first on Item 12. Meridian City Council Meeting March 6, 2001 Page 23 Smith: Mr. Mayor and Members of Council when we left this project the last meeting was to resolve the extension of the sanitary sewer issue on Meridian Road from Elk Run subdivision south to this property. I do not have a resolution for you tonight. I have got a meeting with Mr. Jewett's engineer Wednesday afternoon at 2pm, and we are going to review all of the information that I do have in my file from the Elk Run Subdivision No. 2 project. I do not think it is an insurmountable problem to extend that sewer. We may have to jog a little bit to get past the fiber optics where it is presently stopped and get under the Kennedy Lateral to proceed on to the south, but I am fairly confident that that can happen. I do not have a specific answer for you this evening though. Corrie: Okay, is there from the public that wants to testify on the Kodiak Development at this point? Jewett: My name is Jim Jewett, 4002 West Teeter here in Meridian. I have met with Gary and we are going to meet tomorrow to try and figure out which way to go with the sewer. The question at the last hearing was is there a way we can go on the common lot, and my research today with both John Priester, the Ada County Engineer, and with my engineer and with the title company is there is an utility easement that does exist along Meridian -Kung highway that we can use if we cannot get it around this fiber optics. There is another route, and I have talked to Gary about that. So my request for you tonight is to approve the annexation and let us move forward on the Findings of Facts while we work this problem out, exactly which way it is going to go. I think Gary spoke that he is reasonably assured it is going to somewhere. It is just a matter of where. I know the Church is waiting for the sewer to the south of me, and I would like to work with them and get this sewer down to them so they can proceed on and I can proceed on. My request tonight would just be to grant me the approval to get the annexation so we can move forward. Corrie: Thank you, Jim. Any questions? Bird: I have none, but I do have one for Gary please. Gary do you have any problem with approval of the annexation tonight without this being 100% worked out? I am sure there is some place that there is an easement to take that sewer down. Smith: As Mr. Jewett mentioned, he and I had a discussion about the applicability of a note on the plat of Elk Run No. 2 and how that would be interpreted. He was going to contact Ada County Engineer for his interpretation, which it sounds like he did and in that regard at least there is an easement there that could be utilized to extend utility to the south. It is just going to take some engineering and making sure that all of the details are looked at as to how it can be extended. Meridian City Council Meeting March 6, 2001 Page 24 Bird: Would you feel more comfortable if you were given the time to look into it and make sure, so we do not get ourselves in bottle neck? Smith: Well, the ramifications I guess I do not like to answer a question with a question, but if it is alright with you, if the annexation went forward would it imply that service was available in this route only? Or that we would provide service, the City of Meridian would be encumbered to provide service, and having asked that question then I will answer yours by saying, I obviously cannot guarantee you right now how it could happen or if it could happen with the things that are in the roadway out there right now. There is always the possibility that if there were enough obstacles to extend the sewer in the common lot to Elk Run No. 2 subdivision that the sewer could be moved toward the roadway and not in the roadway. Obviously the Highway Department will not allow that, but possibly up onto the embankment of the roadway. And I do not know if that question has ever been asked of ITD folks. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I understand that Gary is working on this problem, and I understand Mr. Jewett is in a hurry to get his project approved. I do not think the Church is knocking our door down. I do not believe that postponing this another 2 weeks until the next Council meeting is going to mean a hardship for any party. I know there were a lot of questions about our ability to get the sewer to that property, and it still sounds like there are a lot of unknowns. Mr. Jewett may have talked with the Highway District today, but he has not had the opportunity to set down with Gary and really go over the details of that and stuff. So I would be in favor of continuing this Public Hearing for another 2 weeks and let us get some definitive answers before we jump into something. Bird: Was that a motion? Anderson: And I would make that in the form of a motion. Bird: I would second it. Corrie: Motion made and seconded to continue this Public Hearing until March 20, 2001 to have the Public Works director and Jim get together and get those problems worked out. Any further discussion? Hearing none, I will have the City Clerk give a roll call vote please. Roll -call: De Weerd, aye; Anderson, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Meridian City Council Meeting March 6, 2001 Page 25 Corrie: All ayes. Jim the 20th they will have the Public Hearing continued to that for the annexation and zoning. Item 13. Continued Public Hearing from February 20, 2001: RZ-00-005 Request for Rezone of 10.04 acres from R-8 to C -N for proposed Linder Crossing by Hawkins Companies and Stubblefield Development — southeast corner of Cherry Lane and Linder Road: Corrie: The applicant has requested that the Council delay that until July 3, 2001 meeting so with that request I will entertain motion to approve that continued hearing. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we continue the Public Hearing on RZ 00-005 for Linder Crossing to be continued to July 3, 2001. Bird: Second. Corrie: Motion made and seconded to continue the Public Hearing on Item 13 on the rezone 00-005 to continue until July 3, 2001. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 16. Public Hearing: VAR 00-019 Request for a variance to exceed maximum building height of 35 feet and reduce the 30 -foot setback requirement to 20 feet along the 63 feet of the one-story section of the building for proposed Ameritel Inn by B & A Development — Eagle Road north of 1-84: Corrie: Before we get to 14 and 15, 1 would just let you know that 16 will be continued until the 20th in 2 weeks. So if anybody is for that Public Hearing it will be on March 20, 2001. Anderson: Mr. Mayor can take about a 10 -minute recess? Corrie: I think that would be a good idea. With the Council's approval we will take a 10 -minute recess and be back at 8pm. (Meeting reconvenes at 8:00 p.m.) Corrie: It is eight p.m., and I wanted to first recognize that we have some scouts here and there master with them from Troop 173, so welcome boys. Meridian City Council Meeting March 20, 2001 Page 26 De Weerd: Second. Corrie: Motion made and seconded to table until April 3, 2001 to give staff time to make their comments, for the attorney to draw up the Final Plat approval if it is given at that time. Any further discussion? All those in favor of the motion say aye. Corrie: Two ayes, motion carries. MOTION CARRIED: TWO AYES, ONE NAY, ONE ABSENT Item 9. Continued Public Hearing from February 20, 2001: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed planned development for proposed Kodiak Development by Hubble Engineering — west of Meridian Road one-half mile south of Overland Road: Corrie: What will be doing here is I will open the Public Hearing, and we will have the staff do the comments first. Then we will have the developer make their comments, and then if you have signed up for this particular one anyone who is in favor of the annexation and zoning and then we will have those who oppose it. And then last we will have the developer answer any questions that comes up with the other two testimonies. We limit the testimony to 3 minutes. I will give the developer 5 minutes if they need to take it. If they need more, let us know and we will judge from there, so we do not have all this time tonight. I will open the Public Hearing now on request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for the proposed planned development, proposed Kodiak Development by Hubble Engineering west of Meridian Road one half mile south of Overland Road. And I have nobody signed up to have testimony on that one. Staff comments first. Smith: Mr. Mayor and Members of Council the issue at the last council meeting was sewer serviceability of this property from the extension of sewer that exits Elk Run subdivision through a common lot near the southeast of Elk Run at Highway 69. Last Thursday sometime, I received some engineering information from the applicant's engineer, Hubble Engineering, that drew some cross- sections for the field information that was developed several years ago concerning the location of the underground telephone fiber optics and the relation of the fiber optics to the proposed extension of the sewer line which at the time Elk Run was built was a problem. They were conflicting with each other, both in horizontal locations and in vertical location. The information that has been submitted indicates that we probably do have although I have not been able to concretely determine, but it appears that we do have a problem in extending the sanitary sewer to the south in its present alignment. The proposal by Mr. Jewett is to pick up the sanitary sewer before it gets out into the right-of-way of Highway 69 and extend it south generally along the right-of-way line or slightly outside of 1^ Meridian City Council Meeting March 20, 2001 Page 27 the right-of-way line. Without any other information available as far as utilities other than the power poles that exist out there, it appears that that extension is feasible. I think that we can probably extend that sewer farther south in that alignment. It will require an easement from the property owner, permanent easement. We will probably require some restrictions as far as landscaping in that area is concerned. Obviously, no structures would be built. Possibly a signage could be restricted to some degree, but it appears that in order to extend the sewer south along the frontage of this property and into and along the frontage of the property owned by the Nazarene Church to the south of Mr. Jewett, it is going to be necessary to get outside of the existing right-of-way of Highway 69 or along the right-of-way line of Highway 69. 1 think with the partnership or with being able to work with the land developers to insure that we have an easement if indeed it is resolved that it is outside the right-of-way and that we have access to that sewer line. That it can be extended to serve this project as well as the Nazarene Church project. And I say that with the understanding that there has not been any engineering information developed for other conflicts that may exist out there. As the engineering plans are developed, the detailed plans are developed for the extension because that is not known at this point, but the big question at the last council meeting was whether or not this sewer line can be extended. Based on information that we have looked at to this point, I believe that it can, not in its present alignment, but it can be extended. Again, it is going to take the cooperation of the landowners to allow the easement if necessary on their property along the frontage of the property for this sewer line. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I am not so sure Gary that the issue was can it be because we have been told all along that it can be. The problem was it was in an area where we do not have easement, and the City Council did not feel good about approving a project that we do not have all of the easements and the right-of-way to get the sewer there at this point. And it does not sound like anything has been resolved towards that other than we are down the road 3 weeks later now, and you guys are still saying it can be if everything gets worked out. I guess what I was expecting is that things got worked out during those 3 weeks; and it does not sound like to me that they have. Smith: Councilman Anderson, Mayor, and Council it was my recollection that the concern was whether or not the sewer line could be extended in the right-of- way with the fiber optics being where they are. When I left I meeting and then called a meeting with the developer and his engineer that was my question was what can we do with sewer within the public right-of-way to see if it can be extended without having to get easements for the extension. That is how I left the meeting, and that was my understanding. I had in my mind a question whether or Meridian City Council Meeting March 20, 2001 Page 28 not that conflict could be resolved within the right-of-way. The information that has been compiled based on previous field exploration and then plotting that information in cross-section views, so we could see where things horizontally, where things where vertically. I do not believe that because of the depth of sewer we have enough space horizontally within the right-of-way to locate the sewer and not impact either the roadway or the fiber optic ducts. Anderson: I understand that. So what you are saying is it cannot go in the right- of-way. We need to get additional easements to put the sewer there, right? Smith: Correct. Anderson: So that needs to be worked out before we can approve this project, right? Smith: The conditions of the approval of the project could be that the easements have to be granted in order to extend the sewer, I would assume. I think that can be a condition of the approval of the project. I have talked to Mr. Jewett; he does not have a problem with it. I have not talked to Nazarene Church, but it is an issue of either the easements are granted if indeed the easement is required, the easement is granted or the project cannot go forward. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Gary, what kind of a condition do we have on the church, that sits on south farther there and we annexed them and said we would put the sewer down there. Of course, I guess this fiber optic thing had not been brought up at that point. We committed to getting the sewer down there to them. Smith: The fiber optics has always been an issue. It has always been known that it was a problem. All the information that I had in my file from the time when the sewer was extended out of Elk Run and into the right-of-way was given to the engineer for the Nazarene Church. I told the Nazarene Church at that time that I did not have a solution for the issue. Siddoway: Mr. Mayor, I think I can shed some light on this and speed this up. Mayor and members of Council the church property has been annexed and zoned, but any development on the property would have to go through the Conditional Use Permit process. And so a condition that can be imposed through the CUP process would be that they grant that easement for the sewer alignment that goes along the front of their property. It is not an exaction because it is related to the use that would intent to put there, so that could be done. Also, I guess my question is would Elk Run's common lot have to give an easement, Elk r, Meridian City Council Meeting March 20, 2001 Page 29 Run Subdivision would have to give an easement to the city for this sewer line in addition to Mr. Jewett? Smith: The Plat says that there is a 1Oft utility easement common to exterior boundary of the subdivision, and the exterior boundary is, if you interpret the exterior boundary as being the rear of the lots then the common area is outside the rear of those lots. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Gary, does that take us down to Mr. Jewett's property then? Smith: Yes. Bird: I mean the right-of-way through Elk Run takes us down to his property and then on to the -- Smith: The Kennedy Lateral runs along the south boundary of the Elk Run subdivision, south and west boundary. Bird: But where you come out to the east there and come down the right-of-way that is all Elk Run until you hit his property, other than the lateral through there. Smith: I am sorry, I did not hear what you started with. Bird: His north end of his property butts up to the south end of Elk Run except for Lateral. Smith: It butts up to the south boundary of the Lateral. Bird: Of the Lateral. So we have to go through the Lateral. Smith: Yes, it has to go under the Lateral. I am not sure if that Lateral is on — I guess it is on the Elk Run property. It is part of the Elk Run property, and then it was given as an easement or it is an easement to the Elk Run property. The fences on Elk Run are held back off of that Lateral so there is an access road along there. The Lateral was piped along its entire length of the boundary, adjacent to the boundary of Elk Run subdivision, so they would have to bore under the Kennedy Lateral to extend to the south. Bird: I had a question of just making sure that we could easements, that we did not have some other property owners involved. Smith: Right. Well, I have talked to Mr. Jewett and he is agreeable to that. •-. Meridian City Council Meeting March 20, 2001 Page 30 Corrie: Any other questions at this point? Bird: I have none. Corrie: Developer. Jewett: Jim Jewett, 4002 West Teeter, Meridian. I concur with Gary and we have discussed it. I agree with the easements. The Church is here, they will agree with the easements, so I will stand for questions. I would just like to move forward. Bird: I have none. De Weerd: I have none. Jewett: Thank you. Corrie: Okay, thank you. Nobody signed up, is that correct? De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move we close the public hearing. Bird: Second. Corrie: Motion made and seconded to close the Public Hearing. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Public hearing, Item No. 9 is closed. Discussion? De Weerd: I have none. Corrie: Then I will entertain a motion on the request for annexation and zoning. De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd. De Weerd: I move that we approve the request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed planned development for proposed Kodiak Development by Hubble Engineering to incorporate all staff • hk Meridian City Council Meeting March 20, 2001 Page 31 comments in addition to the most recent discussed tonight and for the Attorney to prepare Findings of Facts and Conclusions of Law. Bird: Second. Corrie: Motion made and seconded to approve the request for annexation and zoning with incorporating all staff comments and the attorney drawing up the Findings of Facts and Conclusions of Law next meeting. Any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I just we want to make sure that we clarified in the motion about those easements because Gary said when he was talking about it that it could be a condition. I just want to make sure that that is one of the conditions that you want to put on? De Weerd: That would be my intent. Corrie: Any other comments? Hearing none, Mr. Berg if you will give us a Roll - call vote please. Roll -call: De Weerd, aye; Anderson, aye; McCandless, absent; Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 10. Continued Public Hearing from March 6, 2001: VAR 00-019 Request for a variance to exceed maximum building height of 35 feet and reduce the 30 -foot setback requirement to 20 feet along the 63 feet of the one-story section of the building for proposed Ameritel Inn by B & A Development — Eagle Road north of 1-84: Item 11. Public Hearing: CUP 00-053 Request for Conditional Use Permit for a three-story, 87 -room hotel in an L -O zone for proposed Ameritel Inn by B & A Development - Eagle Road and 1-84: Corrie: Now Item No. 10 and 11, Item 10 is a request for variance on the Ameritel Inn and Item 11 is the Public Hearing request for a Conditional Use Permit. I think we are going to have to switch those around. 11 needs to come before 10. Conditional Use Permit before we have the variance. So at this time I will open them both and we take Item 11 first. Corrie: We will take the Conditional Use Permit first and have staff comments first. Meridian City Council Meeting August 5, 2003 Page 3 of 56 H. Findings of Fact and Conclusions of Law for Approval: PP 03- 008 Request for Preliminary Plat approval of 89 building lots and 7 other lots on 34.52 acres in a proposed R-8 zone for proposed Birchstone Creek Subdivision by Centennial Development, LLC — northwest corner of West Ustick Road and North Black Cat Road: I. Findings of Fact and Conclusions of Law for Approval: VAR 03-013 Request for a Variance to Meridian City Code 12-4-5 requiring blocks to be not less than 400 feet and not more than 1,000 feet in length for Birchstone Creek Subdivision by Centennial Development, LLC — northwest corner of West Ustick Road and North Black Cat Road: J. May 2003 Addendum to Development Agreement: (Touchmark Living Centers AZ 99-0021) / CUP 03-005 Request for a Conditional Use Permit for a Planned Unit Development for Meadow Lake Village by Hummel Architects, P.A. — east of South Eagle Road on East Franklin Road: K. Development Agreement: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zone to R-8 for a proposed Planned Development for proposed Bear Creek Subdivision No. 6 (fka / approved as Kodiak Development) by Bear Creek LLC — west of Meridian Road one-half mile south of Overland Road: L. First Addendum to Exhibit "A" Legals of the Development Agreement: AZ 00-018 Valley Shepherd Church of the Nazarene: M. June 2003 Addendum to Development Agreement: AZ 99-010 Queenland Acres, Inc. and Bear Creek, LLC: N. Development Agreement: AZ 03-006 Request for annexation and zoning of 397.11 acres from RUT and R-1 zones to R-8, R-40, L -O, and C -G zones for proposed Paramount Subdivision by Paramount, LLC — west of North Meridian Road and north of West McMillan Road: O. Sewer and Water Main Easement for Lochsa Falls Subdivision: P. Sewer Main Easement for Havasu Creek Subdivision No. 2: Q. Sewer Main Easement for Havasu Creek Subdivision No. 3: Meridian City Council Meeting April 3, 2001 Page 2 Development Agreement annexation Concordinance ions of Law): before approving CUP Findings of Facts and B. Findings of Facts and Conclusions of Law for Approval: AZ 00-026 Request for annexation and zoning of 5.4 acres from Ada County RT zoo Kodiak ak Development byto R-8 for a proposed pHubble lanned development for propose Engineering — west of Meridian Road one-half mile south of Overland Road: C. Findings of Facts and Conclusions of Law for Denial: VAR 00-019 Request for a variance feet and reducetthexceed 30-foot�setba k aximum building height of 3 requirement to 20 feet etforong ropthe 63 feet of the osed Ameritel Inn by one-story A section of the building p Development — Eagle Road north of 1-84: D. Findings of Facts and Conclusions of Law for Denial: CUP 00-053 Request for Conditional Use Permit for a three- story, 87 -room hotel in L -O zone for and proposed Ameritel Inn by B & A DevelopmentEagle E. Development Agreement: AZ 00-016 Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch VLICage pouth of Usti lanned-unitak Roadevelopaent nd by Steiner Development, east of Black Cat Road: F. Development Agreement: AZ 99-015 Request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC — south of Los Alamitos Park and north of Sherbrooke Hollows: G. Water Main Easement Agreement for Stratford Business Park (Murdoch Subdivision): H. Approve minutes of March 13, 2001, City Council Workshop: I. Approve Bills: Corrie: At that point, for the adoption of the agenda, I'll entertain a motion.