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Primeland Subdivision FP 00-024MAYOR 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 City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: December 13, 2000 File No.: FP 00-024 Hearing Date: January 2, 2001 Request: Final Plat approval of 3 building lots and 5 other lots on 3.84 acres in an R-4 zone for Primeland Subdivision By: Primeland Development Co., LLP Location of Property or Project: north of Ustick Road and east of Ten Mile Road Sally Norton, P/Z (No vAR, vac, FP) Kent Brown, P/Z (No vAR, vac, FP) Thomas Barbeiro, P/Z (No vAR, vac, FP) Richard Hatcher, P/Z (No vAR, vAc, FP) Keith Borup, P/Z (No vAR, vAc, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vAc, FP) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Reaidenwiowo AZ -27 FP -24 PP/PFP-26 VARNAC- 20 CUP -26 Meridian School District (No FP) Meridian Post Office (FPIPPonjo Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPlPPonly) U.S. West (FP/PPonW Intermountain Gas(FP/PPonio Bureau of Reclamation (FPlPPonw Idaho Transportation Department (No FP) Ada County (Annexation only) � tRE C r _�� TIT EST FOR SUBDIVISION APPROVAL ECE j FINAL PLAT N 0 V 0 2 2000 Al'Ji ivii +o i���t{�: C1t .+. z IDIAN 'r ' ' �' f AI�VNING AND ZONING COMMISSION PLANNIN6i ZO G CITY '` TIME TABLE FOR SUBMISSION: FL 6FP-0° 14 A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Primeland Subdivision 2. General Location: S '/2 Sec. 35, T4N., R1 W., (North of Ustick & East of Ten Mile Roads 3. Owners of record: E. L. Bews Address: 5204 Sorrento Circle, Boise, ID Zip 83704 Telephone 867-1200 4. Applicant: Primeland Development Co., L.L.P. Address: 1111 S. Orchard, Suite 155, Boise ID, Zip 83705 Telephone 385-7310 5. Planner: Becky Bowcutt Firm Becky Bowcutt Planning Services Address: 11283 W. Hickory Dale, Boise, ID Zip 83713 Telephone 484-3904 Engineer: Kathy Stroschein, P. E. Firm Briggs En ineering Inc. Address: 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: Primeland Development Co. LLP Address 1111 S. Orchard, Ste. 155, Boise, ID 83705 Telephone 385-7310 FINAL PLAT CHECKLIST: Subdivision Features 2 3 4 5 6 7 9, 10 I1 Acres: 3.84 Number of building lots: 3 Number of other lots: 5 Gross density per acre: .78 Net density per acre: .99 Zoning Classification(s): R-4 If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A Does the plat border a potential green belt? Yes (Five Mile Creek) Have recreational easements been provided for? No (Five Mile Creek R -O -W = 140 Ft.) Are there proposed recreational amenities to the City? No Explain Are there proposed dedications of common areas? No Explain Five Mile Creek resides on a Bureau of Reclamation propertv. For future parks? No Explain Bridgetower No. 2 will have a private park 0601 \SUBAPPL-MER-Fina12 (1) 12. What school(s) seri �yhe area? Linder Elementary do you propose any agreements for future school sites? Yes , Explain North of Bridgetower 1 & 2 adiacent to McMillan Road in future phases of the project 13. Are there any other proposed amenities to the City? No Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Residential 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single Family 16. Proposed Development features: a. Minimum square footage of lot(s): 8,000 b. Minimum square footage of structure(s): 1,400 C. Are garages provided for? Yes Square footage: 400 d. Has landscaping been provided for: Yes , Describe 20-30 ft. landscaping__ along arterial and collector roadways and landscaping around the recreation e. Will trees be provided for? Yes , Will trees be maintained ? H.O.A. f. Are sprinkler systems provided for? Yes Installed by applicant) g. Are there multiple units ? No Type: Remarks: h. Are there special set back requirements? No Explain: i. Has off street parking been provided for ? Yes Explain: Garages & driveways j. Value range of property: N/A k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes , Date: 6/30/00 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 060 hSUBAPPL-MER-Fina12 (2) w a x ars7'7Tc 761a1a' a . N u N. 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USTICK ROAD I 1 O 17 PARK STONE wF� 3 BLOCK 2 1 2 1 BLOCK 1 1 RT Fal RT 19 20 21 22 23 24 25 26 27 28 B O 4 29 18 a 30 17 12 13 14 15 16 17 18 19 31 uj 16 10 20 32 9 8 BLOC 54 RT 15 7 5 21 33 6 3 22 34 14 13 12 R-4 11 2 23 10 MERIDIAN CITY LIMITS -- __ g 1 I 7 2 2 1 6 5 3 ._ 4 i ZONE AREA BOUNDARY R1 R � R-4 -4 �+ W. USTICK ROAD I 1 O 17 PARK STONE wF� 3 BLOCK 2 1 2 1 BLOCK 1 1 RT Fal RT w oLo a a oLo uj R-4 o JOUST 2 T U BLE CREEK c� BRIGGS ENGINEERING, INC. VICINITY MAP Q�(31NEEPoNp BRIDGETOWER SUBDIVISION NO. 1 REVISION BRIGGS INC PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4N., R. 1W., B.M., (208) 344-9700 ADA COUNTY, IDAHO SHEET 1 OF 1 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO, BOISE, IDAHO 83705 BKB 1"=300' 10/31/00 0601 \0601.APR CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: TZ) ENGINEER: The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION Thirty (30) copies of written application for approval as stipulated by the Council Proof of current ownership of the real property in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof A statement of conformance with all requirements and provisions of this Ordinance A statement of conformance with acceptable engineering, architectural and surveying practices and local standards Street name.approval letter from Ada County Three copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1 300'). Include subdivision and street names, lot and block numbers only_ COMMENTS AI-F-Ac,i-�CO AIT -A O'k 12 '(W A CATf 12 �tcArf 0 FINAL SUBDIVISION PLA i ;HECKLIST Thirty (30) folded copies of the final plat containing V the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting C. Sectional location of plat - County d. North arrow e. Scale of plat (not smaller than 1" = 100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments I. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor - signed'seal q. Land Surveyor business name - City location r. Legend of symbols S. Minimum residential house size t. Adjacent platted subdivision names Fee Paid - 7() Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer,- Planning & Zoning Commission, or City Council Page 2 ® /G 6 /G drk_ Q'e, d Y, (0 V_ D4 FINAL SUBDIVISION PLAN CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles Planning & Zoning Administrator Garr D Smith P E City Engineer ACCEPTANCE DA ADDITIONAL INFORMATION NORMALLY REQUIRED BY THE CITY OF MERIDIAN: SQUARE FOOTAGE OF LOTS (82 x 11 SHEET) GROUND WATER REPORT - - ATTACHED TO PLANS DEVELOPMENT AGREEMENT (IF AVAILABLE) CC & R's (IF AVAILABLE) 1',ir V- luc Received • alb �'.,CO i�%!I/.K_-. FEELCcFUT` zcaO 3" 100025307 WARRANTY DEED Bclty L. Tully, a widow FIRST AMERICAN 11c, inaltcr referred to as Grantor, docs hercbygraw, bargain, sell, and convey unto E. L. Bcws and Shirley G. Bews, husband and wife hcrcinallc:r rclerred to as Grantee, whose current address is 5204 Sorrento Circle - Boise, ID 83704 the liilluwing dcscrihcd premises, (o.wi(: SFF EXHIBIT "A" ATTACHED HERETO AND KADE A PART HEREOF. Vo I IAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and amieus forever. And the said Grantor docs hereby covenant to and with the said Grantee, that Grantor is the ,+wncr in fee simple of said premises; that said premises arc free from all encumbrances except current yens taxes. levies, and assessments, and except U.S. patent reservations, restrictions, casements of record, and C;111 mCM., visible upon the premises, and that Grantor will warrant and defend the same from all claims cch:usocvcr. Daicd: April 3, 2000. STA IEUfaIDAIIO ) ss. (' )t INTY OF ADA ) 011 This (Y day of April, in the year 2((X), before me, a Notary Public in and for said State, personally erect lic((y L. Tully, known or identified to me to be the person(s) whose name(s) is su cribed to the aithui In.stnuncnt, and acknowledged to me that she exec a same. S '' , Residing at Boise, ID f) r Commission expires: 7/25/2005 ) G,•�G^ First Americair Title Company ofIdaho EXHIBIT "A" A tract of land situated in the Southeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at the South quarter corner of Section 35, the REAL POINT OF BEGINNING; thence South 89049'40" West along the South line of said Section 35 a distance of 688.00 feet; thence North 5008140" East a distance of 464.21 feet; thence South 63035140" East a distance of 720.45 feet to a point on the center quarter line; thence South 0026100" East a distance of 143.87 feet to the REAL POINT OF BEGINNING. LESS AND EXCEPTING the East 18 feet thereof. ALSO LESS AND EXCEPTING therefrom a narrow strip of land 30 feet wide along the North boundary of said above described parcel of land. ALSO LESS AND EXCEPTING therefrom a portion deeded to UNITED STATES OF AMERICA by Warranty Deed, recorded in Book 120 of Deeds at Page 49, records of Ada County, Idaho. WARRANTY DEED For Value Received Paid by an Accommodator Pursuant to an IRC S1031 Exchange Brian C. Young and Lori Young, husband and wife hereinafter referred to as Grantor, does hereby gran[, bargain, sell, and convey unto E.L. Bews and Shirley G. Bews, husband and wife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Circle - Boise, ID 83704 the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assig s forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current Years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and casements visible upon the premises, and that 3rantor wiii warrant and defend the same from all claims whatsoever. Dated: December 29,1998. ADA COUNTY RECORDER I. DAVID NAVARRO r.nie,; I(ICI,� C Brian C. Youny U7 tri Youn STATE OF IDAHO ) ss. COUNTY OF ADA ) RECORDED -REQUEST OF �j ! L.1 FEE�DEPUT� 98127032 FJRST AMERICAN TITLE CQ On This 29th day of December, in the year 1998, before me, a Notary Public in and for said State, personally appeared Brian C. Young and Lori Young, known or identified to me to be the persons) whose name(s) are subscribed to the within Instrument, and ac o dged tome that they a cut the same. ,,�`� • y N �., ary Public of Idaho Residing S "� .` , w,o;, at Boise, ID o, v t: c� Commission expires: 7/25/99 Z_ Rr cO D v$7: P First American Title Company of Idaho EXHIBIT "All A parcel of land being a portion of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also said point being the REAL POIN`I OF BEGINNING; thence North 0026149" East 488.00 feet along the Westerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 89014141" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 0026149" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter -of Section 35 to an iron pin on the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35; thence North 89°14141" West 600.00 feet along the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, which is also the centerline of Ustick Road, to the POINT OF BEGINNING. EXCEPTING THEREFROM: A strip of land in the South half of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, and in the North Half of the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet, North 00°26' West of the South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00126' West 152.0 feet along the North and South Quarter section line; thence South 63°06' East 423.7 feet; thence South 89°52' East 1,109.0 feet; thence South 00°37' East 90.0,feet; thence North 89152' West 1,231.5 feet; thence North 63°06' West 286.00 feet to a POINT OF BEGINNING. ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) Name Address 3?07', being first duly swom upon (city) (state) ; oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to (name) (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of , eanbo 61 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. °"'�•I IS n�'r Vtary Public for Idaho `o�•`cc`` J,,�° °o Residing at 0 iA�: r ua a ao �` My Commission Expires: eat o p U� o Q Ces`G@EO sa96a`�•• 5 STATE OF IDAHO ) ss COUNTY OF ADA ) M Name AFFIDAVIT OF LEGAL INTEREST D . �du �� X771 Address /* N , ��1� 0 3� `� , being first duly sworn upon (city) (state) oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to pry A..? e- &4-A/ �� ✓mac �� T �o. r�P �� �� ar: o (name) (address) CF;4 17v- /55, '93741S to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this —4?tL- day of !� (S ature) SUBSCRIBED AND SWORN to bef�/e me the day and year first above written. ,tb4��0�flfflp���B ••° A �©t'�'ti Wim. SOT A �? Y '� e U B LAG °y r�DfeFo.�zrzc'`'»" Not Public f Idaho Residing at My Commission Expires: 1, STATEMENT OF COMPLIANCE BRIDGETOWER & PRIMELAND SUBDIVISIONS 1. The proposed streets will be constructed to Ada County Highway District and City of Meridian standards. (Construction Standards: 36 ft. street section and 5 ft. sidewalks.) 2. The proposed development is in conformance with the City's Comprehensive Plan. This area is designated as Single Family Residential on the Comprehensive Plan Map. 3. The development will connect to City water and sewer facilities. The subdivision will connect to the Five Mile Drain Trunk. Water is available in Ustick Road and will be extended to the site. 4. The final plats submitted comply with the provisions of the Ordinance. 5. All applicable easements have been shown on the final plats. 6. The street names have been approved by the Street Name Committee. 7. The final plats are in compliance with the conditions setforth on the preliminary plat. 8. The plats and plans have been prepared in conformance with acceptable engineering, architectural and surveying standards. SUBDIVISION EVALUATION SHEET Proposed Development No ... a BRIDGETOWER SUB File # PFP-00-017 Date Reviewed July 27.2000 Preliminary Stage XXX Final Engineer/Developer BRIGGS ENGINEERING INC/PRIMELAND DEVELOPMENT The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the The following existino street names shall appear on the Dlat W USTICK ROAD" The following street names are approved and shall appear on this plat "N. TOWERBRIDGE WAY" "N STATION AVENUE" "W. PRIMELAND DRIVE" "W CROSSLAND DRIVE" "N COACHMAN AVENUE" "W. PRIDE CROSSING DRIVE" "N. GOLDEN SPIKE WAY" --- "W GRASSY BRANCH DRIVE" "W TRESTLE DRIVE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. - ADA COUNTY STREET NAME COMMITTEE, AGENCY i�!?�RESENTATIVES OR DESIGNEES Ada County Engineer John Priester u �� - Date 712 7�a' Community Planning Assoc. Linda Ritt Date % X/ t - City of Meridian Date -760 MRD Fire District Representative Date _�- -Y-yo - NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat', otherwise the plat will not be signed 1111 Subindex Street Index 35 4N1W Section --- NUMBERING OF LOTS AND BLOCKS i f 'Al IJ s ' I TR1SUMSM_CITY.FRM7 LOT AREAS PRIMELAND SUBDIVISION A PORTION OF THE SOUTH 1/2 OF SECTION 35 T,4N., R.1W., B.M. ADA COUNTY, IDAHO BLOCK 1 3 4 _. 31529 SF o 1 2 26205 SF r 10806 SF y 1 � a -- \ W. USTICK ROAD Zry Z � �a \ m \ 6 ° �K z \ƒ Sp1-11 Z } ° ± . Z \ N\ _ \ Z /® r ° ����Q. �\ \ UN- ® \ § \ \ N E j ¥ u \ o = ) / Z N \ \ £ > I N e - g \ I ° r \ Z CD z N \ z §. g > \ { £ 6 j 4 � i -§CD / § N ® G_ Lo } 9 £ G N @ © / 2 \ ° \ ƒ Z % I \ e j N \ k G > \ = co e > I \ \V) C)�\</ ee / meg N\ ° \ \ \ cn .0 e\ /\ \ u > I \ \LO2 E / < I = \ U o \ \ \ 2\ /\ \ ® r a I } istgK j '¥� UG % < ¥ } » co / 00 « > § \ \ \ = I\ %y e 9 G � DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. E.L. Bews and Shirley G. Bews/Owner 3. Primeland Development Co., LLP, Partner: Varriale Construction, Inc./Developer THIS DEVELOPMENT AGRE MENT this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal c' poration of the State of Idaho, hereafter called "CITY", and E.L. BEWS and SHIRLEY G. BEWS, husband and wife, hereafter called "OWNER", and PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., hereinafter called "DEVELOPER", whose address is 1111 S. Orchard, Suite 155, Boise, Idaho 83705. 1. RECITALS: 1.1 WHEREAS, "Owner" 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 1 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, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 1 Residential District (R-4), (Meridian City Code H 11-7-2 C); and 1.5 WHEREAS, "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 , 2000, 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, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "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 BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 2 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. 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 "DEVELOPER": means and refers to Primeland Development Co., LLP, Partner: Varriale Construction, Inc., whose address is 1111 S. Orchard, Suite 155, Boise, Idaho 83705, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "OWNER": means and refers to E.L. Bews and Shirley G. Bews, husband and wife, whose address is 5204 Sorrento BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 3 Circle, Boise, Idaho 83704, the party owning Parcel One of said "Property" as described in Exhibit "A" and shall include any subsequent owners)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain Parcel One of the 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 Sections 11-7-2 C which are herein specified as follows: (R-4) Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of a planned unit development. BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 4 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"/"Owner" shall 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: 6.1 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Applicant, in a letter written on August 7th, intends to pipe those portions of the Creason Lateral which are within this phase of the project. Those sections of the lateral outside this plat and on the larger subject property shall be piped in future phases. Five Mile Creek adjoins the property and shall not be piped since it is a natural drainage waterway. 6.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 5 may be used for non-domestic purposes such as landscape irrigation. 6.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 6.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall 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. 6.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. The applicant shall provide a drainage plan for the proposed parking area at the recreation center. Storm drainage for the parking lot shall be retained on site. However, pre -development subdivision storm drainage shall be discharged to Five Mile Creek if approved by Nampa -Meridian Irrigation District. 6.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 6.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 6.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 6.9 All construction shall conform to the requirements of the Americans with Disabilities Act. BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 6 6.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 6.11 Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 6.12 Due to the single-family use abutting the west boundary of Lots 2 and 3, Block 1 (proposed as future office use), a minimum 20 -foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property lines of these two lots and shall be a condition attached to this property in the Development Agreement. The applicant shall provide a 20 foot rear setback for lots 2 & 3, Block 1. This area shall be landscaped to provide an adequate buffer for the adjoining residential use. 6.13 The Applicant has noted that Lots 1-3 of Block 1, south of Five Mile Creek, are intended as future office lots. However, the current Comprehensive Plan does not support an office or commercial zoning. These lots may be annexed with an R-4 zone but shall be restricted from obtaining any building permits until the lots are formally rezoned to the L -O or other zone which allows office uses. Since the Bureau of Reclamation right-of-way separates these lots from the residential portion of the subdivision, a separate final plat and subdivision name shall be required. The applicant understands that the three lots labeled as future office lots shall require a rezone after the City adopts the new Comprehensive Plan. The applicant shall incorporate the three lots in a separate final plat if required by the Ada County Engineer. 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 "Developer"/"Owner" or BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 7 "Developer "'s/"Owner'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 "Developer"/"Owner" 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 "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer"/"Owner" 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 "Developer"/"Owner", "Developer"'sl" Owner'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. BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 8 10.2 A waiver by "City" of any default by "Developer"/"Owner" 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 "Developer "'s/"Owner's " cost, and submit proof of such recording to "Developer"/"Owner", 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 "Developer"/"Owner", 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 "Developer"/"Owner" 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, BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 9 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 "Developer"/"Owner" 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 "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" 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 "Developer"/"Owner" 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: BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 10 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 DEVELOPER: Primeland Development Co., LLP Partner: Varriale Construction, Inc. 1111 S. Orchard, Suite 155 Boise, Idaho 83705 OWNER: E.L. Bews and Shirley G. Bews 5204 Sorrento Circle Boise, Idaho 83704 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 BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 11 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 "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "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 BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 12 annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACICVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: BY RESOLUTION NO. DEVELOPER: PRIMELAND DEVELOPMENT CO., LLP PARTNER: VARRIALE CONSTRUCTION, INC. .J OWNER: E.L SHIRLEY G. BEWS BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 13 Attest: City Cleric BY RESOLUTION NO. STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of CITY OF MERIDIAN Mayor Robert D. Corrie in the ear 2000 before mey ' a Notary Public, personally appeared and known or identified to me to be the and of Primeland Development Co., LLP, Partner: Varriale Construction, Inc., who executed the instrument on behalf of said Limited Liability Partnership, and acknowledged to me having executed the same. (SEAL) Notary Public for Idaho Commission expires:_ BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 14 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of , in the year 2000, before me, a Notary Public, personally appeared E.L. Bews and Shirley G. Bews, husband and wife, known or identified to me to be the person who subscribed his name to the foregoing instrument, and acknowledged to me that he executed the same. (SEAL) STATE OF IDAHO ) :ss County of Ada ) On this day of Notary Public for Idaho Commission expires:_ , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ( SEAL) Notary Public for Idaho Commission expires:_ BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 15 EXHIBIT A E.L. BEWS Legal Description Of Property (Parcel One) BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 16 nXHIBIT "A" A parcel of land being a portion of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, Township 4 North, Range i West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0126149" East 488.00 feet along the Westerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 89°14'41" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 0126'49" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin on the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35; thence North 89°14'41" West 600.00 feet along the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, which is also the centerline Of Ustick Road, to the POINT OF BEGINNING. EXCEPTING THEREFROM: A strip of land in the South half of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, and in the North Half of the Northeast Quarter of section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet, North 00°26' West of the South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00126' West 152.0 feet along the North and South Quarter section line; thence South 63.06' East 423.7 feet; thence South 89°52' East 1,109.0 feet; thence South 00°37' East 90.O.feet; thence North 89152' West 1,231.5 feet; thence North 63606' West 286.00 feet to a POINT OF BEGINNING. ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD ?Ctf-c'e' / a C. CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: g.43, �' e 4-,tf wo ;� e_ - ENGINEER: The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION Thirty (30) copies of written application for approval as stipulated by the Council 121 Proof of current ownership of the real property in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof i A statement of conformance with all requirements and provisions of this Ordinance A statement of conformance with acceptable engineering, architectural and surveying practices and local standards Street name.approval letter from Ada County Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1 300') Include subdivision and street names, lot and block numbers only COMMENTS A-rr d "C'd%'a (,w "Tru), Audi 12 FINAL SUBDIVISION PLAT CHECKLIST Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting C. Sectional location of plat - County d. North arrow e. Scale of plat (not smaller than 1" = 100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments I. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor - signed'seal q. Land Surveyor business name - City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names ,eJ Fee Paid - 7O Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer, -Planning & Zoning Commission, or City Council Page 2 D dle—, 44 FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles Planning & Zoning Administrator. Garr D Smith P E Ci1y Engineer ACCEPTANCE DATE: ADDITIONAL INFORMATION NORMALLY REQUIRED BY THE CITY OF MERIDIAN: t" '• SQUARE FOOTAGE OF LOTS (82 x 11 SHEET) GROUND WATER REPORT - - ATTACHED TO PLANS DEVELOPMENT AGREEMENT (IF AVAILABLE) X. 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LINDER �5j a w ROAD m o �m o�'n�.v- in F >z 1nF aQ c oZ'n Fi G] Ngo n \^ PROFS, n z- .��,` c 4 F Fg W aalmv umwt Ece9ow \ _ 4• � 4 m� x L _ I I l6'61I I 66A6.II x l l I I I I 6P46111 I nLa6 ` I I N I I 7vN'S1T I I 116 I I I N In 1 v46l1T I I A I 16m 1 I � I u 1610 1 481 4�—z IC 14 1zrII 0) Ili I ms1T $1 I V a o•� 0 I I I I I I I 6�timm�o��ao�S � 8 Nm a1,T s • a N 300 0 300 600 Feet RT MERIDIAN CITY LIMITS R-4 19 20 21 22 1 23 1 24 25 26 27 1 28 50 4 18 2930 17 12 13 14 15 16 17 18 19 31 16 10 9 8 BLOC 5 20 32 15 7 5 4 21 33 6 3 22 34 14 13 12 11 2 23 10 ------------- 1 I 7 2 1 6 5 / j 4 3 1 1 2 ZONE AREA BLOCK 1 RT BOUNDARY LBLOCK R R-4 W. USTICK ROAD --- 0 PEBBLESTONE -1 RT PARK STONE D a z o CA oR-4 0 TUMBLE CREEK JOUST o BRIGGS ENGINEERING, INC. VICINITY MAP REVISION BRIGGS BRIDGETOWER SUBDIVISION NO. 1 PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4N., R. 1W., B.M., ADA COUNTY, IDAHO SHEET (208) 344 49700 1 OF t 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 BKB 1" = 300' 10/31/00 0601 \0601.APR For V:,luc Received FEE CEFUT`,;) Me AP - 4 11 3'4 WARRANTY DEED Belly L. Tully, a widow 1000?_5307 FIRST AMERICAN hen matter referred to as Grantor, docs herehygrant, bargain, sell, and convey unto E. L. Bews and Shirley G. Bows, husband and wife hcr(:inadler referred to as Grantee, whose current address is 5204 Sorrento Circle - Boise, ID 83704 the fallowing described premises, to -wit: SFr' EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. I'o I1AVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs assigns forever. And the said Grantor docs hereby covenant to and with the said Grantee, that Grantor is 111c owncr in fee simple of said premises, that said premises arc free from all encumbrances except current )"" s laces, Icvics, amt assessments, and except U.S. Patent reservations, restrictions, casements of record, and ` 'I 'Meals visible upon the premises, and that Grantor will warrant and defend the same from all claims what socvc r. D,ocd: April 1, 2000. L' ✓ L• lly •s S'I'AIEOFIDAI10 ) ss. ( ()l INTY OF ADA pday of April, in the year 2000, before me, a Notary Public in and for said State, personally ill'I` Mcd Kelly L. Tully, known or identified to me to be the person(s) whose name(s) is su cribed to the within Inslrunicnt, and acknowledged to me that she exec a same. otary Public of Idaho S ' Residing at Boise, ID l) r Commission expires: 7/25/2005 CA A v aL1C'y'�: lots nlNV First Anrericnir Tille Company ofIdalio EXHIBIT "A" A tract of land situated in the Southeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at the South quarter corner of Section 35, the REAL POINT OF BEGINNING; thence South 89°49'40'• West along the South line of said Section 35 a distance of 688.00 feet; thence North 5008140" East a distance of 464.21 feet; thence South 63035140" East a distance of 720.45 feet to a point on the center quarter line; thence South 0026100" East a distance of 143.87 feet to the REAL POINT OF BEGINNING. LESS AND EXCEPTING the East 18 feet thereof. ALSO LESS AND EXCEPTING therefrom a narrow strip of land 30 feet wide along the North boundary of said above described parcel of land. ALSO LESS AND EXCEPTING therefrom a portion deeded to UNITED STATES OF AMERICA by Warranty Deed, recorded in Book 120 of Deeds at Page 49, records of Ada County, Idaho. .f WARRANTY DEED For Value Received Paid by an Accommodator Pursuant to an IRC 51031 Exchange Brian C. Young and Lori Young, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E.L. Bews and Shirley G. Bews, husband and wit,- hereinafter ife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Circle - Boise, 1D 83704 the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that ;;rancor will warrant and defend the same whatsoever. from all claims Dated: December 29,1998. ADA COURTY RECORDER t. OAVID NAVARRO r.ncp tt,p l;n -'S C Brian C. Young ; 07 ri Youn STATE OF IDAHO ) ss. COUNTY OF ADA ) RECORDED -REQUEST OF �j FEELDEPUT 4�J - 98127032 F18ST AMERICAN TITLE Co. On This 29th day of December, in the year 1998, before me, a Notary Public in and for said State, personally appeared Brian C. Young and Lori Young, known or identified to me to be the person(s) whose name(s) are subscribed to the within Instrument, and ac o dged to me that they a cut the same, a*P.bli, of Idaho l i N Residing at Boise, ID Commission expires: 7/25/99 O p v (n P ti First American Title Company of Idaho EXHIBIT "A" A parcel of land being a portion of the Southwest Quarter of the southwest Quarter of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0026149" East 488.00 feet along the Westerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 89014141" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 0026149" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin on the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35; thence North 89014141" West 600.00 feet along the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, which is also the centerline of Ustick Road, to the POINT OF BEGINNING. EXCEPTING THEREFROM: A strip of land in the South half of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, and in the North Half of the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet, North 00°26' West of the South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00026' West 152.0 feet along the North and South Quarter section line; thence South 63606' East 423.7 feet; thence South 89052' East 1,109.0 feet; thence South 00137' East 90.0,feet; thence North 89°52' West 1,231.5 feet; thence North 63006' West 286.00 feet to a POINT OF BEGINNING. ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD STATE OF IDAHO COUNTY OF ADA ,&FFIDAVIT OF LEGAL INTEREST ss Name Address LAo �3?0T, being first duly swom upon (city) (state) oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to (name) (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of _ !�, �_:P (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. tary Public for Idaho C,+[,� ��../�✓,j ,�o©�ay�o�� C/�j���. Residing at I�� F•� My Commission Expires: of c a i.N rO 704 F*OOrJSC �tE0fi4 4�a���YY� 5 STATE OF IDAHO ) ss COUNTY OF ADA ) Q Name Ps9DAVIT OF LEGAL INTEREST -- D . %zf U,X-77 Address M O * N M1� F3& Y'2- ,being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to oOa.,►Me- z4-A/A GLP //// x: D ( (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of d ^ % 0.0 jo� /I — . J1% -.00- / / SUBSCRIBED AND SWORN to befye me the day and year first above written. O tt$'0,e9U41448 ## CIA L. r3ptL`•4 •• "� w 4)• oTAr g p U B 'C` °B �P Not Public f Idaho Residing at / My Commission Expires: Z� STATEMENT OF COMPLIANCE BRIDGETOWER & PRIMELAND SUBDIVISIONS 1. The proposed streets will be constructed to Ada County Highway District and City of Meridian standards. (Construction Standards: 36 ft. street section and 5 ft. sidewalks.) 2. The proposed development is in conformance with the City's Comprehensive Plan. This area is designated as Single Family Residential on the Comprehensive Plan Map. 3. The development will connect to City water and sewer facilities. The subdivision will connect to the Five Mile Drain Trunk. Water is available in Ustick Road and will be extended to the site. 4. The final plats submitted comply with the provisions of the Ordinance. 5. All applicable easements have been shown on the final plats. 6. The street names have been approved by the Street Name Committee. 7. The final plats are in compliance with the conditions setforth on the preliminary plat. 8. The plats and plans have been prepared in conformance with acceptable engineering, architectural and surveying standards. SUBDIVISION EVALUATION SHEET Proposed Development Name BRIDGETOWER SUB File # PFP-00-017 Date Reviewed July 27.2000 Preliminary Stage XXX Final Engineer0eveloper BRIGGS ENGINEERING INC/PRIMELAND DEVELOPMENT The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the inaRC*; The following existing street names shall appear on the plat "W USTICK ROAD" The following street names are approved and shall appear on this plat "N TOWERBRIDGE WAY" "N. STATION AVENUE" "W PRIMELAND DRIVE" "W CROSSLAND DRIVE" "N. COACHMAN AVENUE" "W. PRIDE CROSSING DRIVE" "N. GOLDEN SPIKE WAY" "W GRASSY BRANCH DRIVE" "W. TRESTLE DRIVE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY Rt? JJQRESENTATIVES OR DESIGNEES Ada County Engineer John Priester —7 Date Community Planning Assoc. Linda Ritt Date '% d'% U City of Meridian Date MRD Fire District Representative 0-�' Date ;7- ZY-y 0 - NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed IIII Subindex Street Index 35 4N1 W Section --' NUMBERING OF LOTS AND BLOCKS TMSU8$%SM CITY.FRM LOT AREAS PRIMELAND SUBDIVISION A PORTION OF THE SOUTH 1/2 OF SECTION 35 T.4N., R.1W., B.M. ADA COUNTY, IDAHO /a 4 1 m BLOCK 1 ti 3 4 = 31529 SF o I♦L N 2 26205 SF N M � 1 10606 SF 1 a W. USTICK ROAD Y cin O N J Ln m � JLn/ -i Q� N m N1 rn rn / KO "' un Y NCD O N M \ NUO N v N J N m N ^ \ U O O No m / rn 00 0 N M (n 0 0 0 / N °O / � M ^ O Li N °M° � (o rn00n M N � N N Ln r o N N Lo z Off. N `n s 01 0 o Z N 3 v v 4z ~� LD _v\' w o O H cn m o N N o / H O O 00 F- N o Q z N Ol N O D N" W oo N W Z OU I m N o to rn J H W N M U v W O N^ rn m p N rn 0 clf �s bSK L' d cn W 'DAV N011b1S 'N UO Q N N 0) W m m 00 N (0 rn o, m DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. E.L. Bews and Shirley G. Bews/Owner 3. Primeland Development Co., LLP, Partner: Varriale Construction, Inc./Developer THIS DEVELOPM&NT AGRE MENT(this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal c ` poration of the State of Idaho, hereafter called "CITY", and E.L. BEWS and SHIRLEY G. BEWS, husband and wife, hereafter called "OWNER", and PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., hereinafter called "DEVELOPER", whose address is 1111 S. Orchard, Suite 155, Boise, Idaho 83705. 1. RECITALS: 1.1 WHEREAS, "Owner" 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 I 1-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 1 1-1 Residential District (R-4� C); and , (Meridian City Code §§ 11-7-2 1.5 WHEREAS, "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 , 2000, 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, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "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 BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 2 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. 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 "DEVELOPER": means and refers to Primeland Development Co., LLP, Partner: Varriale Construction, Inc., whose address is 1111 S. Orchard, Suite 155, Boise, Idaho 83705, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER": means and refers to E.L. Bews and Shirley G. Bews, husband and wife, whose address is 5204 Sorrento BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 3 Circle, Boise, Idaho 83704, the party owning Parcel One of said "Property" as described in Exhibit "A" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain Parcel One of the 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 Sections 11-7-2 C which are herein specified as follows: (R-4) Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of a planned unit development. BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 4 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning S& Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"/"Owner" shall 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: 6.1 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Applicant, in a letter written on August 7th, intends to pipe those portions of the Creason Lateral which are within this phase of the project. Those sections of the lateral outside this plat and on the larger subject property shall be piped in future phases. Five Mile Creek adjoins the property and shall not be piped since it is a natural drainage waterway. 6.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 5 may be used for non-domestic purposes such as landscape irrigation. 6.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 6.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall 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. 6.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. The applicant shall provide a drainage plan for the proposed parking area at the recreation center. Storm drainage for the parking lot shall be retained on site. However, pre -development subdivision storm drainage shall be discharged to Five Mile Creek if approved by Nampa -Meridian Irrigation District. 6.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 6.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 6.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 6.9 All construction shall conform to the requirements of the Americans with Disabilities Act. BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 6 6.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 6.11 Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 6.12 Due to the single-family use abutting the west boundary of Lots 2 and 3, Block 1 (proposed as future office use), a minimum 20 -foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property lines of these two lots and shall be a condition attached to this property in the Development Agreement. The applicant shall provide a 20 foot rear setback for lots 2 & 3, Block 1. This area shall be landscaped to provide an adequate buffer for the adjoining residential use. 6.13 The Applicant has noted that Lots 1-3 of Block 1, south of Five Mile Creek, are intended as future office lots. However, the current Comprehensive Plan does not support an office or commercial zoning. These lots may be annexed with an R-4 zone but shall be restricted from obtaining any building permits until the lots are formally rezoned to the L -O or other zone which allows office uses. Since the Bureau of Reclamation right-of-way separates these lots from the residential portion of the subdivision, a separate final plat and subdivision name shall be required. The applicant understands that the three lots labeled as future office lots shall require a rezone after the City adopts the new Comprehensive Plan. The applicant shall incorporate the three lots in a separate final plat if required by the Ada County Engineer. 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 "Developer"/"Owner" or BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 7 "Developer"'s/"Owner'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 "Developer"/"Owner" 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 "Developer"/"Owner" and if the "Developer "/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer"/"Owner" 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 "Developer"/"Owner", "Developer"'s/"Owner'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. BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 8 10.2 A waiver by "City" of any default by "Developer"/"Owner" 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 "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", 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 "Developer"/"Owner", 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 "Developer"/"Owner" 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, BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 9 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 "Developer "/"Owner" 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 "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" 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 "Developer"/"Owner" 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: BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 10 CITY. c% 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 DEVELOPER: Primeland Development Co., LLP Partner: Varriale Construction, Inc. 1111 S. Orchard, Suite 155 Boise, Idaho 83705 OWNER: E.L. Bews and Shirley G. Bews 5204 Sorrento Circle Boise, Idaho 83704 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 BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 11 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 "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "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 BEWS DEVELOPMENT AGREEMENT (AZ -00-017) -12 annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: BY RESOLUTION NO. DEVELOPER: PRIMELAND DEVELOPMENT CO., LLP PARTNER: VARRIALE CONSTRUCTION, INC. ". jLaAA, OWNER: �0Mr 00 ICM SHIRLEY G. BEWS BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 13 CITY OF MERIDIAN Mayor Robert D. Corrie Attest: City Cleric BY RESOLUTION NO. STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of , in the year 2000, before me, a Notary Public, personally appeared and known or identified to me to be the and , of Primeland Development Co., LLP, Partner: Varriale Construction, Inc., who executed the instrument on behalf of said Limited Liability Partnership, and acknowledged to me having executed the same. (SEAL) Notary Public for Idaho Commission expires:_ BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 14 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of , in the year 2000, before me, a Notary Public, personally appeared E.L. Bews and Shirley G. Bews, husband and wife, known or identified to me to be the person who subscribed his name to the foregoing instrument, and acknowledged to me that he executed the same. (SEAL) Notary Public for Idaho Commission expires:_ STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ( SEAL) Notary Public for Idaho Commission expires:_ BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 15 EXHIBIT A E.L. BEWS Legal Description Of Propegy (Parcel Onej BEWS DEVELOPMENT AGREEMENT (AZ -00-017) - 16 EXHIBIT "A" A parcel of land being a portion of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0026149" East 488.00 feet along the Westerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of section 35 to an iron pin; thence South 89°14141" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron_ pin; thence South 0"26149" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin on the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35; thence North 89°14141" West 600.00 feet along the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, which is also the centerline of Ustick Road, to the POINT OF BEGINNING. EXCEPTING THEREFROM: A strip of land in the South half of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, and in the North Half of the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet, North 00°26' West of the South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00°26' West 152.0 feet along the North and South Quarter section line; thence South 63°06' East 423.7 feet; thence South 89°52' East 1,109.0 feet; thence South 00037' East 90.0 feet; thence North 89°52' West 1,231.5 feet; thence North 63106' West 286.00 feet to a POINT OF BEGINNING. ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD ?Ctfft, / a C. EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\BewsDeveloyAg_r BEWS DEVELOPMENT AGREEMENT (AZ -00-017) -17 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless November 1, 2001 KUB 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 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 *Dena 388-2021 fax 388-6924 388-6532 fax 322-2032 Re. Street Lights for Primeland Subdivision 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 The street lights have been installed by the developer in Primeland Subdivision. These are 100 and 250 watt high-pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The two (2) street lights are located at. Lot 4 Block 1 N. Towerbridge Way 250w Lot 1 Block 3 N. Towerbndge Way & W. Ustick Road Please use this letter as your authority to activate these street lights. See attached map for additional information. Sincerely William G. Berg, Jr. City Clerk Enclosures HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN TOLSMA RONALD M. OUNTR CHARLES M. ROUNTREE GLENN R. BENTLEY BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 MALCOLM MACCOY W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivcrs License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor MEMORANDUM: Date: To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION I have inspected and approved Oe electrical wiring and associated components for street lights in _-aP—)Ay c _N_ Idaho Power Co. can now proceed—with the activation. Harold Harold Hudson, Electrical Inspector RECEIVED OCT 12 2001 CITY OF MERIDIAN C:\OFFICE\ WPWDAGENERALIEUCJNSP. AMO WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E.. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS. Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL' GORDON. Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY _ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicic/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: / % -- c —G, ( I have inspected and approved the electrical wiring and associated components for street lights in j-IP,nc, e. T, o Idaho Power Co. can now proceed with the activation. P e-2 Harold Hudson, Electrical Inspector RECEIVED OCT 12 2001 CITY OF MERIDIAN C:%OFFiCM WPW MGENEPAL%EIBCINSP. MMO City of Meridian, Building Department: 24 HOUR 660 E Watei ^ ver, Suite 200 INSPECTION/NE Meridian ID 83642 887-1 155 PH 887-22111 FAX 887-1297 Page 1 of 1 Elec-Commercial Permit Printed: 09/11/2001 Permit Number: ELC2001-214 Applicant Streetlights Parcel Number: PARC2001-712 Address: BRIDGETOWER Addition: Contractors Electrician Address: B & B Electric* 2131 Century Way BOISE, ID 83709 Fees and Receipts: Number FEE2001-17930 Lot(s): Block: Description Electrical -Commercial Phone: 323/8408 FAX: 323-8409permit Amount $210.00 Total Fees: $210.00_ Other Fields: Value: 16000 Description: 1 250 watt located at entrance island , 11 100 watt located at 3/1,1/1,1/3 2-1 each end of island, 1/5,3/5,6/5,13/4,11/5,25/4,19/5 Fees Due / Credit Info: RECEIVED SEP 10 2001 CITY OF MERIDIAN r Y z OvOa a30Nli N ---------------------- 1,1-1=1 December 29, 2000 FP 00-024 MERIDIAN CITY COUNCIL MEETING January 2, 2001 APPLICANT Primeland Development Co., LLP ITEM NO. I I REQUEST Final Plat approval of 3 building lots and S other lots 3.84 acres in an R-4 zone for Primeland Subdivision north of W. Ustick Road andeast of N. Ten Mile 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: COMMENTS See attached comments See attached comments Public Safety Concerns See attached comments No Comment No Comment BUREAU OF RECLAMATION: OTHER: See attached comments from applicant Contacted: f ! ! Date: I(Z (t1 I Phone: Materials presented at public meetings shall become property of the City of Meridian. DEC 261 2000 (208) 884-5533 • FAX 888-6854 MEMORANDUM: CITY OF MERIDIAN CITY CLERK OFFICE December 28, 2000 To: Mayor & City Council From: Bruce Freckleton, Assistant to City EngineeJ 4 Shari Stiles, Planning & Zoning Administrator gg Re: Request for a Final Plat Approval of Primeland Subdivision — 3 Single-family Building Lots on 3.84 Acres in an R-4 Zone (with PUD) by Primeland Development Co., LLP (File# FP -00-025) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property included in this development is located on the north side of Ustick Road, approximately 1,900 feet east of Ten Mile, immediately across Ustick Road from Tumble Creek and Fieldstone Meadows Subdivisions. Five Mile Creek borders the subdivision on the north. The property is located in an area designated as Single-family Residential in the Comprehensive Plan. Five Mile Creek is designated as a multiple -use pathway in the Comprehensive Plan. SURROUNDING PROPERTIES The surrounding uses are as follows: North — Agricultural, zoned RT (Ada Co.) South — A single-family home with accessory agricultural equipment, zoned RT (Ada Co.); Fieldstone Meadows Sub, zoned R4; and Tumble Creek Sub, zoned R4. East — Agricultural and single-family homes, zoned RT (Ada Co.) West — Single-family home on 4.2 acres, zoned R4 in Meridian (parcel was approved at one time as Bramble Wood Subdivision) SITE SPECIFIC COMMENTS Applicant is to meet all terms of the approved preliminary plat, conditional use permit and development agreement. 2. The Developer shall be responsible for payment of water assessment fees for any common areas proposing to use City water as a backup source. Applicant has indicated the Creason Lateral will be used as the primary source, with Five Mile Creek providing the backup source of water. FP -00-025 Bridgetower Sub. No. 1 HUB OF TREASURE VALLEY ` MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie CITY CITY OF MERIDIAN (208)2882499 -Fax 288-2501 COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird TT(208) 887-2211 •Fax 887-1297 MERIDIAN, IDAH \�// Tamm deWcerd Y ��. 11-J' (208) 888-4433 • FAX 20 ( ) PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (20 218 DEPARTMENT DEC 261 2000 (208) 884-5533 • FAX 888-6854 MEMORANDUM: CITY OF MERIDIAN CITY CLERK OFFICE December 28, 2000 To: Mayor & City Council From: Bruce Freckleton, Assistant to City EngineeJ 4 Shari Stiles, Planning & Zoning Administrator gg Re: Request for a Final Plat Approval of Primeland Subdivision — 3 Single-family Building Lots on 3.84 Acres in an R-4 Zone (with PUD) by Primeland Development Co., LLP (File# FP -00-025) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property included in this development is located on the north side of Ustick Road, approximately 1,900 feet east of Ten Mile, immediately across Ustick Road from Tumble Creek and Fieldstone Meadows Subdivisions. Five Mile Creek borders the subdivision on the north. The property is located in an area designated as Single-family Residential in the Comprehensive Plan. Five Mile Creek is designated as a multiple -use pathway in the Comprehensive Plan. SURROUNDING PROPERTIES The surrounding uses are as follows: North — Agricultural, zoned RT (Ada Co.) South — A single-family home with accessory agricultural equipment, zoned RT (Ada Co.); Fieldstone Meadows Sub, zoned R4; and Tumble Creek Sub, zoned R4. East — Agricultural and single-family homes, zoned RT (Ada Co.) West — Single-family home on 4.2 acres, zoned R4 in Meridian (parcel was approved at one time as Bramble Wood Subdivision) SITE SPECIFIC COMMENTS Applicant is to meet all terms of the approved preliminary plat, conditional use permit and development agreement. 2. The Developer shall be responsible for payment of water assessment fees for any common areas proposing to use City water as a backup source. Applicant has indicated the Creason Lateral will be used as the primary source, with Five Mile Creek providing the backup source of water. FP -00-025 Bridgetower Sub. No. 1 Mayor and Council December 28, 2000 Page 2 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Please add or revise the following notes: (12) The minimum residential house size for this development is 1,400 square feet, exclusive of garages. 5. Change the year of platting to 2001 and add "Meridian" to the situate statement. 6. Sanitary sewer and water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 7. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 8. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 9. As a condition of the plat, Applicant shall be required to construct open -vision fencing or four - foot -high solid fencing (max.) along both sides of any pathways (including adjacent to Five Mile Creek). The developer shall place a deed restriction on the residential lots adjacent to all pathways to prohibit the construction of any solid fencing on the residential lot higher than four feet on the sides adjacent to the pedestrian walkway lot. 10. Add the Right to Farm note to the plat due to adjacent agricultural uses. 11. As the Bureau of Reclamation (BOR) owns the Five Mile right-of-way in fee simple and the FP -00-024 Primeland Subdivision Mayor and Council December 28, 2000 Page 3 future pathway location involved), staff requests Meridian Parks Director. will be off-site from this subdivision (i.e., there is no easement that the Applicant coordinate pathway improvements with the 12. Applicant is to obtain easements for sewer, water and bridge crossing within the Five Mile Creek right-of-way where N. Towerbridge will cross prior to signature on the final plat. 13. Show centerline and width of right-of-way for Five Mile Creek on the plat. 14. The subdivision boundary dimensions do not equal the sum of distances shown on the plat. Please correct. 15. Complete the Certificate of Owners and accompanying Acknowledgment. 16. The landscape plan submitted with the final plat application needs additional detail for review. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. Fencing locations and details are not adequately depicted to determine compliance with conditions of approval. No fencing will be permitted within the required landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. Perimeter fencing shall be installed prior to applying for building permits. Please submit revised plan to incorporate fencing in accordance with the conditions of approval. All landscaping is to be complete prior to obtaining Certificates of Occupancy. 17. Any subdivision signage shall be located outside of the 40'x40' sight triangle or be less than three feet high. 18. Stairs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided 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 FP -00-024 Primeland Subdivision Mayor and Council December 28, 2000 Page 4 subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 6. Sewer and water mains Shall be extended to and through the proposed development. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five -foot -wide walkway pathway without encroachment of mailbox structures. 10. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. 11. Please reply in writing to these comments by 12:00 noon on Friday, 12-29-00. FP -00-024 Primeland Subdivision vec e9 00 09:39a p.5 BECKY BIWCOIT FIANNINC SERVICES 11263 W. Hickory Dale Baine, Idaho 83713 December 29, 2000 City of Meridian Attn: Shari Stiles, Bruce Freckleton and Will Berg 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Re: Primeland Subdivision (Responses to staff comments on the final plat) SITE SPECIFIC COMMENTS: 1. The applicant agrees. 2. The applicant agrees. 3. The applicant agrees. REcEl VEE DEC 2 9 2000 CIS' OF MERIDIAN 4. The applicant will add this statement. The applicant wants the record to reflect that he intends to utilize the property as L -O in the future. The applicant understands that a rezone or adoption of a new Planned Unit Development Ordinance will be required for the office use. 5. The applicant will revise the plat accordingly. 6, The applicant will comply. 7. The applicant will comply. The applicant will not transfer ownership of the pressure irrigation system to Nampa -Meridian Irrigation District. The applicant's engineer will provide the required documentation. The applicant will comply. The applicant intends to construct a (4) foot solid fence with a (2) lattice top. We believe this type of fencing will allow some privacy yet preserve visibility for safety purposes. 10. The applicant will add this statement to the plat. 11. The applicant will comply. 12. The applicant will obtain a License Agreeme sewer line location within the Five Mile Crent from Nampa -Meridian Irrigation District for the ek right -of --way. The applicant can obtain a consent eau n tetter from the Bureau of Reclamation. However, I do not believe the Burof Reclamatiodedicates right-of-way or grants easements. This assumption is based upo Caywood, representative for the Bureau. n my conversations with John DEC 29 '00 09:53 PAGF. nc5 Dec 29 00 09:40a P-6 13. The plat will be revised accordingly. 14. The plat will be revised accordingly. 15. The applicant will comply. 16. The applicant will have the landscape architect provide the additional information requested. 17. The applicant will comply. 18. The applicant understands. GENERAL REQUIREMENTS: 1. Five Mile Creek adjoins the property and will not be piped since it is a natural drainage waterway. 2. The applicant will comply. The applicant may utilize an existing well located in the park area as a secondary source for pressure irrigation. 3. The applicant will comply. 4. The applicant will comply, 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. DEC 29 '00 09:53 Parr -7 MC HUB OF TREASURE VALLEY MAYOR Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 •Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: December 13, 2000 Hearing Date: January 2, 2001 File No.: FP 00-024 Request: Final Plat approval of 3 building lots and 5 other lots on 3.84 acres in an R-4 zone for Primeland Subdivision By: Primeland Development Co., LLP Location of Property or Project: north of Ustick Road and east of Ten Mile Road Sally Norton, P/Z (No vAR, vac, FP) Kent Brown, P/Z (No VAR, VAC, FP) Thomas Barbei ro, P/Z (No vAR, vac, FP) Richard Hatcher, P/Z (No vAR, vAc, FP) Keith Borup, P/Z pvo vAR, vac, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vm, vac, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Ro.A, AZ - 27 FP - 24 PP/PFP - 26 VARNAC - 20 CUP - 26 Your Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FPIPPonio Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPlPPonm U.S. West (FP/PPonm Intermountain Gas(FPlPPo„m Bureau of Reclamation (FPlPPonm Idaho Transportation Department (Wo FP) Ada County(Apnexabon onto 00 -Dvcy1D vE 0EC20T000 City,of Meridiani City Cjerl�L OMC September 15, 2000 CUP 00-043 MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT Primeland Development Co., LLP ITEM NO. R REQUEST Findings - Request for CUP to construct a PUD consisting of 106 buildable lots for proposed Bridgetower Subdivision - n/o Ustick and e/o Ten Mile 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings Contacted: I�iS rJa �yu Date: Phone: tl o Materials presented at public meetings shall become property of the City of Meridian. RECEIVED interoffice SEP 1420oo MEMORANDUM CITY OF MERIDIAN ICE To: William G. Berg, Jr. From: William F. Nichol Subject: PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION File No.: CUP -00-043 Date: September 13, 2000 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their September 5, 2000, meeting. The Findings will be on the Council's agenda for their September 19, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\BridgeTower AZO 17 CUP043 PPO 17\ClkLtrCUPffds&Order043 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR BRIDGETOWER SUBDIVISION ZONED R-4 LOCATED EAST OF TEN MILE ROAD, NORTH OF USTICK ROAD, MERIDIAN, IDAHO PRIMELAND DEVELOPMENT CO., LLP APPLICANT. QC 09-05-00 Case No. CUP -00-043 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on September 5, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) 1-1 lo"W" and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to -wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 5, 2000, 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 (3001) 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 the 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 September 5, 2000, 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, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 2 3. This proposed development request is in Ada County (R -T), by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. Idaho. 4. The property is located east of Ten Mile Road, north of Ustick, Meridian, 5. The owners of record of the subject property are E. L. Bews of Boise, and Chandos Hoaglun and Young Lands Ltd., of Meridian. 6. Applicant is Primeland Development Co., LLP. of Boise. 7. The subject property is currently zoned R -T. There is a current application before the City Council for annexation and zoning to R-4. The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a 106 lot Planned Unit Development to be known as Bridgetower Subdivision. The R-4 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 3 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and 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, and Maps and the Ordinance establishing the Impact Area Boundary. 12. 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 and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 12.1 Variances to the straight R-4 zoning standards that shall be required if this PUD is approved as proposed shall include the following: R-4 Standard Proposed Minimum frontage 80 feet 61 feet Maximum block length 1,000 feet 1,500+ feet Both reductions are within the scope of allowable changes under the PUD ordinance. The Applicant has submitted a formal variance application for the block length. The applicant agrees that the deviation of frontages and block length is allowable under the provisions of the PUD section. However, the applicant submitted a variance application since previous block length waivers were handled through a variance. 12.2 The Preliminary Landscape Plan submitted with the CUP application appears to propose two subdivision entrance signs on the east and west sides FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 4 of Towerbridge Way at the Ustick Road entrance. No sign details or renderings were submitted. Locations (outside of the 40' x 40' clear vision triangle) and monument -type signage along Ustick Road shall be allowed. Detailed signage plans shall be subject to design review and separate permits. 12.3 Special attention shall be paid on the Landscape Plan to ensure the 40'x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 12.4 Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. 12.5 Provide elevations of the proposed clubhouse for review and approval. Adopt the Recommendations of the Central District Health Department as follows: 12.6 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 12.7 Run-off is not to create a mosquito breeding problem. 12.8 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 12.9 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Fire Department as follows: 12.10 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants, including adequate water supply and hydrants for the office lots. 12.11 Common areas shall be kept clean of trash and weeds. 12.12 All roads shall be installed before building is started with appropriate street name signs. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 5 Adopt the Recommendations of the Sanitary Service Department as follows: 12.13 Waste services, such as cans and containers shall be planned for, with possibly one 95 gallon container. Adopt the Recommendations of the ACHD as follows: 12.14 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 12.15 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 12.16 Construct the main entrance, Towerbridge Way, with a 29 -foot street section and a 36 -foot street section, with a 30 -foot wide enter median and located approximately 400 -feet east of Quarrystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of-way for the entire width of the entrance. 12.17 Construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 12.18 Construct the main entrances to Pride Crossing Drive with 29 -foot street sections and a 20 -foot wide center median. Dedicate sufficient right-of-way for the entire width of the entrance. 12.19 Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front -on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 6 restrictions for these streets shall be stated on the final plat. Construct these street segments as 36 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalks. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 12.20 Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalks. 12.21 Construct a 29 -foot wide bridge where N. Towerbridge Way crosses Fivemile Creek with sidewalk on both sides of the bridge. Coordinate the design of the bridge with District staff. 12.22 Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk shall be located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. 12.23 If relocation is required, utility poles shall be relocated out of the new right- of-way on Ustick Road, and are the responsibility of the developer.4 12.24 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right- of-way. 12.25 Construct the main entrance to Trestle Drive with 29 -foot street sections and a 10 -foot wide center median as proposed. Dedicate sufficient right-of- way for the entire width of the entrance. 12.26 Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 12.27 Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and construct over the Creason Lateral. Install a sign at the terminus of the roadway stating that, "THAT ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 7 12.28 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 12.29 Construct the turnarounds to provide a minimum turning radius of 45 -feet, as proposed. 12.30 Construct a 24 to 30 -foot wide driveway at the east property line of Lot 2, 2lock 2 to access the proposed recreation center. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Pride Crossing Drive. 12.31 Construct a 24 to 30 -foot wide driveway on Towerbridge Drive, approximately 140 -feet north of Ustick Road to access Lots 2, and 3, Block 1, future office/commercial sites. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Towerbridge Drive. 12.32 Construct a 24 to 30 -foot wide driveway on Towerbridge Drive, approximately 140 -feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Towerbridge Drive. 12.33 Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with the application shall be stated on the final plat. 12.34 Additionally, comply with all of ACHD's standard requirements. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Commercial". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 8 harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlanningAct of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67 - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 9 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3 ) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 10 f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a Low Density Residential District (R-4), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 11 approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629; January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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 that: 1. That the above named applicant is granted a conditional use permit for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 12 a 106 lot Planned Unit Development to be known as Bridgetower Subdivision, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 1.1 Variances to the straight R-4 zoning standards that shall be required if this PUD is approved as proposed shall include the following: R-4 Standard Proposed Minimum frontage 80 feet 61 feet Maximum block length 1,000 feet 1,500+ feet Both reductions are within the scope of allowable changes under the PUD ordinance. The Applicant has submitted a formal variance application for the block length. The applicant agrees that the deviation of frontages and block length is allowable under the provisions of the PUD section. However, the applicant submitted a variance application since previous block length waivers were handled through a variance. 1.2 The Preliminary Landscape Plan submitted with the CUP application appears to propose two subdivision entrance signs on the east and west sides of Towerbridge Way at the Ustick Road entrance. No sign details or renderings were submitted. Locations (outside of the 40' x 40' clear vision triangle) and monument -type signage along Ustick Road shall be allowed. D tailed signage plans shall be subject to design review and separate permits. 1.3 Special attention shall be paid on the Landscape Plan to ensure the 40'x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 1.4 Ordinance 12-6-7.D requires that all planned developments provide underground utilities throughout the entire project site. 1.5 Provide elevations of the proposed clubhouse for review and approval. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 13 1.6 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health &_ Welfare, Division of Environmental Quality. 1.7 Run-off is not to create a mosquito breeding problem. 1.8 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.9 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Fire Department as follows: 1.10 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants, including adequate water supply and hydrants for the office lots. 1.11 Common areas shall be kept clean of trash and weeds. 1.12 All roads shall be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Sanitary Service Department as follows: 1.13 Waste services, such as cans and containers shall be planned for, with possibly one 95 gallon container. Adopt the Recommendations of the ACHD as follows: 1.14 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 14 to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 1.15 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 1.16 Construct the main entrance, Towerbridge Way, with a 29 -foot street section and a 36 -foot street section, with a 30 -foot wide enter median and located approximately 400 -feet east of Quarrystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of-way for the entire width of the entrance. 1.17 Construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 1.18 Construct the main entrances to Pride Crossing Drive with 29 -foot street sections and a 20 -foot wide center median. Dedicate sufficient right-of-way for the entire width of the entrance. 1.19 Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front -on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets shall be stated on the final plat. Construct these street segments as 36 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalks. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 1.20 Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalks. 1.21 Construct a 29 -foot wide bridge where N. Towerbridge Way crosses Fivemile Creek with sidewalk on both sides of the bridge. Coordinate the design of the bridge with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 15 1.22 Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk shall be located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. 1.23 If relocation is required, utility poles shall be relocated out of the new right- of-way on Ustick Road, and are the responsibility of the developer. 1.24 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right- of-way. 1.25 Construct the main entrance to Trestle Drive with 29 -foot street sections and a 10 -foot wide center median as proposed. Dedicate sufficient right-of- way for the entire width of the entrance. 1.26 Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 1.27 Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and construct over the Creason Lateral. Install a sign at the terminus of the roadway stating that, "THAT ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 1.28 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 1.29 Construct the turnarounds to provide a minimum turning radius of 45 -feet, as proposed. 1.30 Construct a 24 to 30 -foot wide driveway at the east property line of Lot 2, 2lock 2 to access the proposed recreation center. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Pride Crossing Drive. 1.31 Construct a 24 to 30 -foot wide driveway on Towerbridge Drive, approximately 140 -feet north of Ustick Road to access Lots 2, and 3, Block FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 16 1, future office/commercial sites. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Towerbridge Drive. 1.32 Construct a 24 to 30 -foot wide driveway on Towerbridge Drive, approximately 140 -feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Towerbridge Drive. 1.33 Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with the application shall be stated on the final plat. 1.34 Additionally, comply with all of ACHD's standard requirements. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) - 17 the conditional use permit 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 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILPERSON KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: City Clerk Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ZONED R-4 / (CUP -00-043) W-61 day BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) PRIMELAND DEVELOPMENT CO., LLP, ) FOR A CONDITIONAL USE PERMIT FOR ) BRIDGETOWER SUBDIVISION ZONED R-4 ) LOCATED EAST OF TEN MILE ROAD, NORTH) OF USTICK ROAD, MERIDIAN, IDAHO ) C/C 09-05-00 CASE NO. CUP -00-043 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 191h day of September, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for a 106 lot Planned Unit Development to be known as Bridgetower Subdivision, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a 106 lot Planned Unit Development to be known as Bridgetower Subdivision, as described in the "Preliminary Plat Drawing DWG DATE: 06/29/00 and stamped AUG 28 2000, RLS, DWG NO. 0601 -PRE, SHEET 1 of 1 PREL \0601-PREL. ris, BRIGGS ENGINEERING, INC., Engineers, for BRIDGETOWER SUBDIVISION," Primeland Development Co., LLP, Developer, for the development of the aforementioned planned commercial development for a commercial development consisting of a 106 lot Planned Unit ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 9 BY PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER SUBDIVISION CUP -00-043 Development to be known as Bridgetower Subdivision, and which property is described as: Parcels of land located in the South 1/2 of Section 35, Township 4 North, Range West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: PARCEL 1 Commencing at the southeast corner of the Southwest 1/4 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 25.00 feet along the east line of said Southwest 1/4 to a point on the northerly right- of-way of Ustick Road, the REAL POINT OF BEGINNING of this subdivision parcel; Thence N 89°15'23" W 685.54 feet along the northerly right-of-way of Ustick Road to a point; Thence N 06°03'43" E 406.34 feet to a point on the southerly right-of-way of Fivemile Creek; Thence S 62°08'33" E 887.82 feet along the southerly right-of-way of Fivemile Creek to a point on the northerly right-of-way of Ustick Road; Thence N 89°14'22" W 142.37 feet along the northerly right-of-way of Ustick Road to the REAL POINT OF BEGINNING of this subdivision parcel description, said parcel comprising 3.84 acres, more or less. 4 PARCEL 2 Commencing at the southeast corner of the Southwest 1/4 (south 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 255.75 feet along the east line of said Southwest 1/4 to a point on the northerly right-of-way of Fivemile Creek, the REAL POINT OF BEGINNING of this subdivision parcel; Along the northerly right-of-way of Fivemile Creek; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 9 BY PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER SUBDIVISION CUP -00-043 Thence N 62°08'33" W 1109.68 feet to a point; Thence N 81'0 1'45" W 324.52 feet to a point; Leaving said northerly right-of-way and along the right-of-way of the Creason Lateral; Thence N 00'40'14" E 448.95 feet to a point; Thence N 45°43'33" E 72.70 feet to a point; Thence S 89°13'09" E 989.10 feet to a point; Leaving said right-of-way; Thence N 10°50'08" W 30.61 feet to a point; Thence S 89°13'05" E 52.47 feet to a point on a curve; Thence along a curve to the left 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 59°15'59", tangents of 11.38 feet, and a long chord bearing S 62°22'01" E 19.78 feet to a point of tangency; Thence N 88°00'00" E 16.57 feet to a point; Thence N 00°26'55" E 237.28 feet to a point; Thence S 89°13'05" E 276.33 feet to a point; Thence S 39'22'16" E 282.38 feet to a point; Thence S 00°26'55" W 21.92 feet to a point; Thence S 26°24'21" E 65.90 feet to a point; Thence S 50'25'12" E 784.17 feet to a point; Thence S 25°17'47" W 204.78 feet to a point; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 9 BY PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER SUBDIVISION CUP -00-043 Thence S 35°00'00" W 140.55 feet to a point; Thence S 29°00'00" W 173.61 feet to a point; Thence S 37°00'00" W 100.84 feet to a point; Thence N 53°00'00" W 102.00 feet to a point; Thence S 37°00'00" W 50.00 feet to a point; Thence S 53°00'00" E 110.00 feet to a point; Thence S 31 °00'00" E 154.95 feet to a point on the northerly right-of-way of Fivemile Creek; Thence N 89°14'22" W 289.19 feet along the northerly right-of-way of Fivemile Creek to a point; Thence N 62°08'33" W 418.77 feet along the northerly right-of-way of Fivemile Creek to the REAL POINT OF BEGINNING of this subdivision parcel description, said parcel comprising 42.36 acres, more or less. (Total subdivision area (Parcels 1 & 2 combined) comprises 46.20 acres, more or less.) 2. That the above named applicant is granted a conditional use permit for a 106 lot Planned Unit Development to be known as Bridgetower Subdivision, located east of Ten Mile Road, north of Ustick Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 2.1 Variances to the straight R-4 zoning standards that shall be required if this PUD is approved as proposed shall include the following: R-4 Standard Proposed ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 9 BY PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER SUBDIVISION CUP -00-043 Minimum frontage 80 feet Maximum block length 1,000 feet 61 feet 1,500+ feet Both reductions are within the scope of allowable changes under the PUD ordinance. The Applicant has submitted a formal variance application for the block length. The applicant agrees that the deviation of frontages and block length is allowable under the provisions of the PUD section. However, the applicant submitted a variance application since previous block length waivers were handled through a variance. 2.2 The Preliminary Landscape Plan submitted with the CUP application appears to propose two subdivision entrance signs on the east and west sides of Towerbridge Way at the Ustick Road entrance. No sign details or renderings were submitted. Locations (outside of the 40' x 40' clear vision triangle) and monument -type signage along Ustick Road shall be allowed. Detailed signage plans shall be subject to design review and separate permits. 2.3 Special attention shall be paid on the Landscape Plan to ensure the 40'x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 2.4 Ordinance 12-6-7.1) requires that all planned developments provide underground utilities throughout the entire project site. 2.5 Provide elevations of the proposed clubhouse for review and approval. Adopt the Recommendations of the Central District Health Department as follows: 2.6 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.7 Run-off is not to create a mosquito breeding problem. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 9 BY PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER SUBDIVISION CUP -00-043 2.8 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.9 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Meridian Fire Department as follows: 2.10 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants, including adequate water supply and hydrants for the office lots. 2.11 Common areas shall be kept clean of trash and weeds. 2.12 All roads shall be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Sanitary Service Department as follows: 2.13 Waste services, such as cans and containers shall be planned for, with possibly one 95 gallon container. Adopt the Recommendations of the ACHD as follows: 2.14 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 9 BY PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER SUBDIVISION CUP -00-043 2.15 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.16 Construct the main entrance, Towerbridge Way, with a 29 -foot street section and a 36 -foot street section, with a 30 -foot wide enter median and located approximately 400 -feet east of Quarrystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of-way for the entire width of the entrance. 2.17 Construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 2.18 Construct the main entrances to Pride Crossing Drive with 29 -foot street sections and a 20 -foot wide center median. Dedicate sufficient right-of-way for the entire width of the entrance. 2.19 Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front -on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets shall be stated on the final plat. Construct these street segments as 36 - foot street sections with curb, gutter and 5 -foot wide concrete sidewalks. Unless otherwise noted, parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 2.20 Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalks. 2.21 Construct a 29 -foot wide bridge where N. Towerbridge Way crosses Fivemile Creek with sidewalk on both sides of the bridge. Coordinate the design of the bridge with District staff. 2.22 Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk shall be located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 9 BY PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER SUBDIVISION CUP -00-043 2.23 If relocation is required, utility poles shall be relocated out of the new right-of- way on Ustick Road, and are the responsibility of the developer. 2.24 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of- way. 2.25 Construct the main entrance to Trestle Drive with 29 -foot street sections and a 10 -foot wide center median as proposed. Dedicate sufficient right-of-way for the entire width of the entrance. 2.26 Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 2.27 Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and construct over the Creason Lateral. Install a sign at the terminus of the roadway stating that, "THAT ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 2.28 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 2.29 Construct the turnarounds to provide a minimum turning radius of 45 -feet, as proposed. 2.30 Construct a 24 to 30 -foot wide driveway at the east property line of Lot 2, 21ock 2 to access the proposed recreation center. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Pride Crossing Drive. 2.31 Construct a 24 to 30 -foot wide driveway on Towerbridge Drive, approximately 140 -feet north of Ustick Road to access Lots 2, and 3, Block 1, future ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 8 OF 9 BY PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER SUBDIVISION CUP -00-043 office/commercial sites. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Towerbridge Drive. 2.32 Construct a 24 to 30 -foot wide driveway on Towerbridge Drive, approximately 140 -feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Towerbridge Drive. 2.33 Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with the application shall be stated on the final plat. 2.34 Additionally, comply with all of ACHD's standard requirements. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the , 2000. day of Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Is City Clerk Dated: msg/Z:\Work\M\Meridian 15360M\BridgeTower AZO17 CUP043 PP017\CUPOrder043 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 9 OF 9 BY PRIMELAND DEVELOPMENT CO., LLP FOR BRIDGETOWER SUBDIVISION CUP -00-043 September 15, 2000 PP 00-017 MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT Primeland Development Co., LLP ITEM NO. Q REQUEST Findings - Request for preliminary plat approval of 106 building lots, 1 HOA Rec Center, 1 park lot and 19 common lots on 46.2 acres in a proposed R-4 zone - n/o Ustick Road and e/o Ten Mile 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached Findings OTHER: Contacted: ,j,� G V wuCT( Date: 11h K Phone: Materials presented at public meetings shall become property of the City of Meridian. /',N RECEIVED interoffice SEP 142000 MEMORANDUM CITY OF MERIDIAN CITY CLERK OFFICE To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Bridgetower bdivision By: Primeland Development Co., LLP, Partner: Varriale Construction, Inc. File: PP -00-017 Date: September 13, 2000 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their September 5, 2000 meeting. The Findings will be on the Council's agenda for September 19, 2000 meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. ZAWork\N1\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\Berg091300PP.Mem --, BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR BRIDGETOWER SUBDIVISION BY: PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC./ APPLICANT C/C 09-05-00 Case No. PP -00-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on September 5, 2000, and Shari Stiles, Planning and Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt, and no one appeared in opposition, and the City Council having received a report from Bruce Freckleton, Engineering Technician III, and Brad Hawkins -Clark, Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "Preliminary Plat Drawing DWG DATE: 06/29/00 and stamped AUG FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., FOR BRIDGETOWER SUBDIVISION/ (PP -00-017) 28 2000, RLS, DWG NO. 0601 -PRE, SHEET 1 of 1 PREL \0601-PREL. ris, BRIGGS ENGINEERING, INC., Engineers, for BRIDGETOWER SUBDIVISION," submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993, and the property is presently zoned Low Density Residential District (R- 4), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., FOR BRIDGETOWER SUBDIVISION / (PP -00-017) - 2 within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Preliminary Plat Drawing DWG DATE: 06/29/00 and stamped AUG 28 2000, RLS, DWG NO. 0601 -PRE, SHEET 1 of 1 PREL \0601-PREL. ris, BRIGGS ENGINEERING, INC., Engineers, for BRIDGETOWER SUBDIVISION." DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., FOR BRIDGETOWER SUBDIVISION / (PP -00-017) - 3 IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat Drawing DWG DATE: 06/29/00 and stamped AUG 28 2000, RLS, DWG NO. 0601 -PRE, SHEET 1 of 1 PREL \0601-PREL. ris, BRIGGS ENGINEERING, INC., Engineers, for BRIDGETOWER SUBDIVISION," is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Engineering Technician III Recommendations as follows: 2.1 Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2.2 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.3 Sanitary sewer and water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Applicant shall be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.4 The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing homes located within the boundaries of this subdivision. 2.5 Underground pressurized irrigation shall be provided to all landscape areas on site. Due to the landscape area, primary water supply FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., FOR BRIDGETOWER SUBDIVISION / (PP -00-017) - 4 connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. The preliminary plat map indicates that the Five Mile Creek shall be utilized as the secondary source. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The applicant shall utilize the Creason Lateral as a primary source for the pressurized irrigation system. Five Mile Creek may be used as a secondary source if approved by Nampa -Meridian Irrigation District. A shallow well shall be used for a second source if the Creek is not available. The applicant has not determined who will own and maintain the system, he is reviewing the options. 2.6 A detailed landscape plan for the common areas, including fencing locations and details, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat application. The plan shall include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing shall be permitted within the required landscape buffers. A letter of credit or cash surety in the amount of 110% shall be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. Perimeter fencing shall be installed prior to obtaining building permits. 2.7 The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. The property was under agricultural production when the test holes were excavated. This affects the groundwater levels. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., FOR BRIDGETOWER SUBDIVISION / (PP -00-017) - 5 The applicant's engineer shall provide the necessary data to meet City standards for groundwater separation. 2.8 An irrigation pump station is proposed within the 100 -year floodplain on Lot 2, Block 2. The future base floor elevation of this structure shall be raised a minimum of 12 inches above flood plain elevation. 2.9 N. Towerbridge Way shall be the only ingress/egress access proposed to serve the 103 homes in Phases 1 and 2. The Applicant shall work with the Meridian Fire Department to determine whether a temporary emergency access point is necessary. 2.10 City Ordinance 12-4-12 states, "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City urban service planning area." Since no front -on housing is permitted along Towerbridge and Pride Crossing (as Collectors), Applicant coordinate with ACHD to provide bike lanes within the 50 -foot right-of-way of both collectors. The bike lanes shall also provide increased safety and accessibility for children traveling to school should a future elementary school be constructed east of the subdivision. Ada County Highway District did not require bike paths along the collectors. The applicant is providing separated sidewalk along Towerbridge and proposes a convenient system of interlinking pedestrian pathways. These pathways shall link the neighborhoods to the park and possible school site. A pathway is proposed along the Creason Lateral northeast of this development application. Nampa - Meridian Irrigation District approval shall be required. The applicant believes the planned network of pathways shall be superior to a stripped bike path within the roadway. The applicant shall prefer the City look at other options to eliminate the possible conflict. Painted bike paths shall not be required. 2.11 Asa condition of the plat, Applicant shall be required to construct open - vision fencing or four -foot -high solid fencing (max.) along both sides of any pathways. The developer shall place a deed restriction on the residential lots adjacent to these micropaths to prohibit the construction FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., FOR BRIDGETOWER SUBDIVISION / (PP -00-017) - 6 of any fencing on the residential lot higher than four feet on the sides adjacent to the pedestrian walkway lot. 2.12 Show all existing permanent and temporary sanitary sewer construction easements on the preliminary plat map. No lots shall be allowed to encroach within any permanent sanitary sewer easement, and no lot improvements shall be allowed to encroach within the temporary construction easement until such time as construction is complete and the temporary easement is released per the terms of the easement. No building permits shall be issued on any lot bordering the north side of the Five Mile Creek, until such time as the relief sanitary sewer main is built. The applicant has concerns about the time of the relief line adjacent to the first phase. The applicant shall like the City to indicate a time frame. If the lots do not encroach within the permanent easement and adequate area is available for installation of the relief line, then this condition shall be removed. This restriction shall create a hardship on this project. 2.13 Applicant is proposing to leave the Creason Lateral open until such time as the adjacent property is developed. If approved, applicant shall be required to provide a letter of credit and cash for tiling of the ditch prior to applying for building permits. 2.14 Lots 8-19, Block 7, and Lots 16-19, Block 3, are impacted by irrigation easements. Provide a copy of the executed encroachment agreement with Nampa -Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to signature on the final plat. If encroachment of the Creason Lateral is not granted, the easement area shall need to be removed from the building lots. 2.15 Add the Right to Farm note to the plat. By action of the City Council at its regular meeting held on the day of , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., FOR BRIDGETOWER SUBDIVISION / (PP -00-017) - 7 COUNCILMAN BIRD VOTED COUNCILWOMAN deWEERD VOTED COUNCILWOMAN McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk Dated: msg/ZAWorkVv1\Meridian 15360WridgeTower AZ017 CUP043 PP017\FfC1s0rd.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., FOR BRIDGETOWER SUBDIVISION / (PP -00-017) - 8 September 15, 2000 AZ 00-017 MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT Primeland Development Co., LLP ITEM NO. P REQUEST Findings - Request for annexation and zoning of 52.90 acres from RT to R-4 for proposed Bridgetower Subdivision - n/o Ustick Road and e/o Ten Mile 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings t< - Contacted: [,�y vacuo— Date: I Phone: — Q Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON WM. F. GIORAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE *ALSO ADMITTED IN OR **ALSO ADMITTED IN WA William G. Berg, Jr., City Clerk 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 RECEIVE SEP 14 2000 CITY OF MERIDIAN CITY CLERK OFFICE September 13, 2000 Re: BRIDGETOWER SUBDIVISION/ ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERIC CASE NO. AZ -00-017 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 origfinal 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 September 5, 2000, and which are on the agenda for September 19, 2000. I have also attached the three originals of the Resolutions and Certificate of the Clerks for the Development Agreements for owner/developer's signature. I have also attached hereto the three Development Agreements for the above matter. After the Council meeting of September 19, 2000, of Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the three 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 three Development Agreements to the owner/developer for signature. Very truly yours, Wm. ichols msg/Z:\Work\M\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\FFCL and DevAgtC1k.1tr BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT CO., LLP, THE APPLICATION FOR ANNEXATION AND ZONING OF 52.9 ACRES FOR BRIDGETOWER SUBDIVISION, LOCATED EAST OF TEN MILE ROAD AND NORTH OF USTICK, MERIDIAN, IDAHO C/C 09-05-00 Case No. AZ -00-017 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 September 5, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt, Briggs Engineering, Inc., and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA -TION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017) the following Findings of Fact and Conclusions of Law, and Decision and Order: 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 September 5, 2000, 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 September 5, 2000, 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 H 67-6509 and 67-6511, and Meridian City Code H 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017) 3. The City Council takes judicial notice of its zoning, subdivisions and 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 to 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 52.9 acres in size and is located east of Ten Mile Road, north of Ustick. The property is designated as Bridgetower Subdivision. 6. The owners of record of the subject property are E. L. Bews of Boise, and Chandos Hoaglun and Young Lands Ltd., of Meridian, Idaho. 7. Applicant is Primeland Development Co., LLP, of Boise, Idaho. 8. The property is presently zoned by Ada County as RT, and consists of two single family dwellings and agricultural uses. 9. The Applicant requests the property be zoned as R-4 Low Density Residential. 10. The subject property is bordered to the north and east by Ada County FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017) RT zoning, and city limits of the City of Meridian are adjacent and abut to the south and west of the subject property. 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 is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: a development consisting of 103 single family residential lots, 19 landscape lots, a recreation center common lot, a park common lot and three future office lots. 14. The Applicant requests zoning of the subject real property as R-4 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017) imposed: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 16.1 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Applicant, in a letter written on August 7th, intends to pipe those portions of the Creason Lateral which are within this phase of the project. Those sections of the lateral outside this plat and on the larger subject property shall be piped in future phases. Five Mile Creek adjoins the property and shall not be piped since it is a natural drainage waterway. 16.2 Any existing domestic wells and/or septic systems within this project shall 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. 16.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 16.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall 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. 16.5 A -drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. The applicant shall provide a drainage plan for the proposed parking area at the recreation center. Storm drainage for the parking lot shall be retained on site. However, pre -development subdivision storm drainage shall be discharged to Five FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017 ) Mile Creek if approved by Nampa -Meridian Irrigation District. 16.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 16.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.11 Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 16.12 Due to the single-family use abutting the west boundary of Lots 2 and 3, Block 1 (proposed as future office use), a minimum 20 -foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property lines of these two lots and shall be a condition attached to this property in the Development Agreement. The applicant shall provide a 20 foot rear setback for lots 2 & 3, Block 1. This area shall be landscaped to provide an adequate buffer for the adjoining residential use. 16.13 The Applicant has noted that Lots 1-3 of Block 1, south of Five Mile Creek, are intended as future office lots. However, the current Comprehensive Plan does not support an office or commercial zoning. These lots maybe annexed with an R-4 zone but shall be restricted from obtaining any building permits until the lots are formally rezoned to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017 ) L -O or other zone which allows office uses. Since the Bureau of Reclamation right-of-way separates these lots from the residential portion of the subdivision, a separate final plat and subdivision name shall be required. The applicant understands that the three lots labeled as future office lots shall require a rezone after the City adopts the new Comprehensive Plan. The applicant shall incorporate the three lots in a separate final plat if required by the Ada County Engineer. 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 potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Low FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017 ) Density Residential District (R-4) 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 ordinances 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 Comprehensive plan and the Zoning ordinances of the City to the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017) ; 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 ordinances of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017 ) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017 ) citizens of Meridian and to insure that these facilities are 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. 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Economic Development Chapter Policies 3.1U, 3.2U Land Use Chapter Policies 2.1 U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Chapter Policies 1.1 U, 2.1 U,. 2.5U, 3.1 U, 4.1 U Transportation Chapter Policies 1.6U, 1.9U Open Spaces, Parks and Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017 ) Community Design Chapter Policies 1.8, 5.2U 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 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 single- family residential on this parcel of land. 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). 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017) pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance 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. 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 52.9 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017 ) 1. The application is for annexation and zoning of 52.9 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. 2. 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 the Planning and Zoning and Engineering Staff as follows: 2.1 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 shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Applicant, in a letter written on August 7th, intends to pipe those portions of the Creason Lateral which are within this phase of the project. Those sections of the lateral outside this plat and on the larger subject property shall be piped in future phases. Five Mile Creek adjoins the property and shall not be piped since it is a natural drainage waterway. 2.2 Any existing domestic wells and/or septic systems within this project shall 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017) 2.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 2.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall 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. 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. The applicant shall provide a drainage plan for the proposed parking area at the recreation center. Storm drainage for the parking lot shall be retained on site. However, pre -development subdivision storm drainage shall be discharged to Five Mile Creek if approved by Nampa -Meridian Irrigation District. 2.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 2.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 2.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2.11 Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017 ) ownership. 2.12 Due to the single-family use abutting the west boundary of Lots 2 and 3, Block 1 (proposed as future office use), a minimum 20 -foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property lines of these two lots and shall be a condition attached to this property in the Development Agreement. The applicant shall provide a 20 foot rear setback for lots 2 & 3, Block 1. This area shall be landscaped to provide an adequate buffer for the adjoining residential use. 2.13 The Applicant has noted that Lots 1-3 of Block 1, south of Five Mile Creek, are intended as future office lots. However, the current Comprehensive Plan does not support an office or commercial zoning. These lots may be annexed with an R-4 zone but shall be restricted from obtaining any building permits until the lots are formally rezoned to the L -O or other zone which allows office uses. Since the Bureau of Reclamation right-of-way separates these lots from the residential portion of the subdivision, a separate final plat and subdivision name shall be required. The applicant understands that the three lots labeled as future office lots shall require a rezone after the City adopts the new Comprehensive Plan. The applicant shall incorporate the three lots in a separate final plat if required by the Ada County Engineer. 3, 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-4) Low Density Residential District, and Meridian City Code § 11-7-2 C. 4. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017 ) in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 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 )2000. ROLL CALL ' COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017) day VOTED VOTED VOTED VOTED Page 17 MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. IN City Clerk Dated: msg/ZAWork\M\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\AZFfCIs0rder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017 ) September 15, 2000 VAR 00-013 MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT Primeland Development Co., LLP ITEM NO. Q REQUEST Findings - Request for a variance of the maximum 1000 -foot block length for proposed Bridgetower Subdivision in a proposed R-4 zone - n/o Ustick Road and e/o Ten Mile 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings See attacf See atta& V, It Contacted: be �a PAIv6att Date: G1 � � Phone: Materials presented at public meetings shall become properly of the City of Meridian. RECEIVED interoffice SEP 14 2000 MEMORANDUMMERCITY OF ID N CIN CLERK OFFICE To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Bridgetower Subdivision / VAR -00-013 Date: September 13, 2000 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A VARIANCE, pursuant to action of the Council at their September 5, 2000 meeting. The Findings will be on the Council's agenda for September 19, 2000 meeting. Please serve copies of both documents upon the Applicant and appropriate departments if Council approves these FINDINGS. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\Berg091300VAR.Mem BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT CO., LLP, FOR A VARIANCE FROM THE 1,000 FOOT BLOCK LENGTH WITHIN BRIDGETOWER SUBDIVISION LOCATED NORTH OF USTICK ROAD AND EAST OF TEN MILE ROAD, MERIDIAN, IDAHO C/C 09/05/00 VAR -00-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on September 5, 2000, and Shari Stiles, Planning and Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and testified, and appearing and testifying on behalf of the Applicant was Becky Bowcutt, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to -wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 — January 4, 1994 and Maps. 2. The requirements of Idaho Code H 67-6509, 6516 and Meridian City Code H 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Primeland Development Co., LLP, whose address is 1111 S. Orchard, Suite 155, Boise, Idaho 83705. 4. The owners of the property are B.L. Bews, whose address is 5204 Sorrento Circle, Boise, Idaho 83704, and Chandos Hoaglun, whose address is 2430 Ustick Road, Meridian, Idaho 83642, and Young Lands Ltd., whose address is 2420 Ustick Road, Meridian, Idaho 83642. 5. The location of the subject property is presently located in Ada County R- T zone, but the Applicant is requesting and granted zoning of Low Density Residential (R-4), in Case No. AZ -00-017, and which subject property is located north of Ustick Road and east of Ten Mile Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and is described as follows: A parcel of land being a portion of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of section 35, Township 4 North, Range 1 West, Boise FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION Meridian, Ada County, Idaho, and more particularly described as follows; Beginning at a brass cap marking the Southwest corner of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0°26'49" East 488.00 feet along the Westerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 89°14'41" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 0°26'49" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin on the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35; thence North 89°14'41" West 600.00 feet along the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, which is also the centerline of Ustick Road, to the POINT OF BEGINNING. EXCEPTING THEREFROM: A strip of land in the South half of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, and in the North Half of the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet, North 00°26' West of the South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00°26' West 152.0 feet along the North and South Quarter section line; thence South 63°06' East 423.7 feet; thence South 89°52' East 1,109.0 feet; thence South 00°37' East 90.0 feet; thence North 89°52' West 1,231.5 feet; thence North 63°06' West 286.00 feet to a POINT OF BEGINNING. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD. 7. The present land use of subject property is presently zoned as Ada County R -T, but the Applicant is requesting zoning of Low Density Residential (R-4), in Case No. AZ -99-010, which subject property is presently used agriculturally and as a single family dwelling. 8. The proposed land use of subject property is to develop the subject property in the following manner: A single-family residential development. 9. That a vicinity map, attached hereto as Exhibit "A", consisting of three pages, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-4-5, BLOCKS, and in the R-4 zone if granted the re -zone, which provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that the parcel is surrounded by the Creason Lateral and Five Mile Creek. The loop design of the streets creates larger block lengths. The applicant has stub streets proposed north of the Creason Lateral to the Husky parcel. To include one off the west loop would create a duplication. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement that every block should be designed no more than one thousand feet (1,000') in length. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that the location of the Creason Lateral and the Five Mile Creek justify a variance from the block length requirement. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are that the allowing for design flexibility creates better neighborhoods. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the development of the property would be difficult if no flexibility on block lengths were allowed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION 17. The existence of special circumstances or conditions affecting the property is the existing Creason Lateral and Five Mile Creek surrounding the property. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The Comprehensive Plan for the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. 20. The variance would allow the applicant to maximize the potential site not out of convenience but from necessity. The topographical conditions existed prior to the development. The City Park also makes designing shorter block lengths difficult. The variance is not profit oriented, it is due to practicality. 21. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this variance will not have an effect of altering the interest FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 11- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 12-4-5, BLOCKS, and in the R-4 zone if granted the re -zone, provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000) in length. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the block requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION for Bridgetower Subdivision in the proposed R-4 zone. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Block Requirements in the R-4 Zone as provided in the Section 12-4-5 and 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 day of 2000. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS VOTED VOTED VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. M City Clerk Dated: msg/Z:\Work\M\Meridian 15360M\BridgeTowerAZO17 CUP043 PPOMHC1sGrantVariance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION N 300 0 300 600 Feet BLOCK 7 RT 21 20 0 20 21 22 23 24 25 26 27 28 2g B O 3 37 19 30 14 15 16 19 31 16 17 17 18 12 13 14 15 16 17 18 19 32 13 16 17 20 33 12 15 10 9 9 8 BLOC 4 14 7 5 4 21 34 11 10 13 16 7 12 6 3 22 11 15'r 13 35 10 11 12 6 12 0 11 2 23 5 9 10 5 13 O 1 9K - - 9 1 14 8 8 4 6 ---Y. 8 15 7 2 7/ 2 3 7 6 6 5 3 1 6 4 5 LOCK 4 5 `I 1 1 2 3 4 RT ZONE AREA z BOUIMARY BLOCK 3 3 2 3 R 1 BLOCK 1 2 BLOCK 1 R-4 s 7 Lf��_�� W. USTICK ROAD 0 � ' O BO Y tTl I I I I PEBBLESTONE PEBBLESTONE EI S E T Mgt uj PARK STONE D a . m w Q z o R co a: TUMBLE CREEK -1 C1F7 1 1 BRIGGS ENGINEERING, INC. VICINITY MAP REVISION BRIGGS BRIDGETOWER SUBDIVISION _ PORTION OF THE SOUTH I./2 OF SECTION 35, T.4N., R.I.W., B.M., (208)344.9700 ADA COUNTY, IDAHO SHEET 1OF1 1600W. OVERLAND ROAD 0 DESIGN DRAFT SCALE DATE DWG: NO. BOISE. IDAHO 83705 BKS ' 1" _ 3pp 0629/00 owl 1p801.APR DESIGNI DRAFT I SCALE I DATE I DW ONO. WW1.APR 8KB 1" = 1000 0828/00 3043533MM 30435346900 30435340= _ - solx3,e7o0 - 0 SO935430410 lak 3277 1 200 SI=12410 � ..A Ada Cottntq.-_RiV4wav 2)ijtrict Judy reavey-uerr, Fresident 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us September 5, 2000 TO: Primeland Development Co. LLP RECEIVIED 1111 S. Orchard Suite 155 Boise, ID 83705 SEP 1 1 2000 SUBJECT: MVAR00-013 CITY OF MERIDIAN foot block length variance 2430 & 2420 Ustick Rd. The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACHD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. All future design plans 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 in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sincerely, i� L7"-jL' Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services- r+- E. L. Bews 5204 Sorrento Circle Boise, ID 83704 Chandos Hoaglun 2430 Ustick Rd Meridian, ID 83642 Younge Lands Ltd. 2420 Ustick Rd. Meridian, ID 83642 Ada Coun1V..._jqiqkwaV a1JijtNict Judy Peavey -Derr, President 3 10 r-dbL Of L11 JIICCI Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us September 5, 2000 TO: The Bower Street LLC 5446 W. State St. Boise, ID 83703 SUBJECT: MVAR00-019 reduce number of trees 283 & 301 E. 5th St. REcElvED SEP 1 1 2000 CITY OF MERIDIAN The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACHD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. All future design plans 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 in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sin erely, Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services -b w_ Pn- Adia Count(j,_1qiqkway c2)ijtrict 1 Judy Peavey -Derr, President 318 East 37th Street City, Idaho 83714-6499 -Dave Bivens, Vice President Garden Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us September 5, 2000 RCD TO: Darol Forsythe SEP 1 1 2000 Seven Gates Properties 2657 Windmill Parkway Suite 390 CITY OF MERIDIAN Henderson, NV 89014 SUBJECT: MVAR00-020 reduction landscaping variance 2269, 2307 & 2393 E. Commercial St. The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACHD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. All future design plans 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 in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sincerely, J Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services RF"IVED SEP 1 1 2000 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 September 7, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 Meridian City Hall 33 East Idaho Meridian, ID 83642 Re: Var 00-013 Variance Request for Bridgetower Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the block length and we will reserve all other comments until the proposed project has begun. Sincerely, Bill -Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 BEFORE THE MERIDIAN CITY COUNCIL FILE COPY C/C 01-02-01 IN THE MATTER OF THE APPLICATION OF ) CASE NO. FP -00-024 PRIMELAND DEVELOPMENT CO., LLP, FOR ) APPROVAL OF FINAL PLAT FOR 3 BUILDING ) LOTS AND 5 OTHER LOTS ON 3.84 ACRES IN AN) R-4 ZONE FOR PRIMELAND SUBDIVISION, ) ORDER OF LOCATED NORTH OF USTICK ROAD AND EAST) CONDITIONAL OF TEN MILE ROAD, MERIDIAN, IDAHO ) APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on January 2, 2001, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, listing 11 General Comments and 18 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP -00-024) Page 1 of 4 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PRIMELAND SUBDIVISION" as evidenced in Plat bearing the file name: "PLAT OF PRIMELAND SUBDIVISION, A PORTION OF THE SOUTH 1/2 OF SECTION 35 TAN., R. IW., B.M. ADA COUNTY, IDAHO 2000, SHEET 1 OF 2, STAMPED DATE OF NOV 01 2000, #0601 \0601- PLT.DWG BKB 10/26/00, BRIGGS ENGINEERING, INC., CONSULTING ENGINEERS, AND PRIEMELAND DEVELOPMENT CO., LLP, DEVELOPER," is conditionally approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated December 28, 2000, listing 11 General Comments and 18 Site Specific Comments, and additionally attached is the comment letter from Becky Bowcutt dated December 29, 2000, both are true and correct copies of which are attached hereto marked Exhibit "A", and consisting of six pages, and by this reference incorporated herein, with the additional requirements as follows, to -wit: 1.1 Per the City Council action at their January 2, 2001, meeting the Staff comments dated December 28, 2000, shall be changed in the Site Specific Comments at number 4 and number 12 as follows, and which are addressed in Becky Bowcutt's letter of Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP -00-024) Page 2 of 4 December 29, 2000: The following language shall be added to Site Specific Comment #4 as follows: "The applicant wants the record to reflect that he intends to utilize the property as L -O in the future. The applicant understands that a rezone or adoption of a new Planned Unit Development will be required for the office use." At Site Specific Comment # 12 it shall read as follows: "The applicant will obtain a License Agreement from Nampa -Meridian Irrigation District for the sewer line location within the Five Mile Creek right-of-way. The applicant can obtain a consent letter from the Bureau of Reclamation. 1.2 Kenny Bowers, Meridian Fire Chief, requires that all codes, water supply, hydrants and fire sprinkler systems shall be met. All common lots shall be kept clear of trash and weeds. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on- site improvements. Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP -00-024) Page 3 of 4 By action of the City Council at its regular meeting held on the 2"P day of du , 2001. By: Robdt D. Corrie Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: Date: City Clerk Z:\Work\M\Meridian\Meridian 15360M\Primeland Sub FP024\PrimelandSub0rderFP024 Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP -00-024) `,'j,%Vt,az,rr,T:,,r,,, Y REAL ���iS3i�iS •til��t�'i Page 4 of 4 HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Come (208) 288-2499 -Fax 288-2501 CITYOF MERIDIAN PUBLIC WORKS CrrY COUNCIL MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT Ron Anderson (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, ID 20 E IV ED PLANNING AND ZONING Tammy deWeerd (208) 888-4433 FAX (20� City Cleric Office Fax (20 218 DEPARTMENT Cherie McCandless DEC 2 8 2000 (208)884-5 1 533 •FAX 888-0854 MEMORANDUM: CITY OF MERIDIAN CITY CLERK OFFICE December 28, 2000 To: Mayor & City Council Bruce Freckleto Assistant to C' Enginee;� From: � rtY Shari Stiles, Planning & Zoning Administrator Re: Request for a Final Plat Approval of Primeland Subdivision — 3 Single-family Building Lots on 3.84 Acres in an R-4 Zone (with PUD) by Primeland Development Co., LLP (File# FP -00-025) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The property included in this development is located on the north side of Ustick Road, approximately 1,900 feet east of Ten Mile, immediately across Ustick Road from Tumble Creek and Fieldstone Meadows Subdivisions. Five Mile Creek borders the subdivision on the north. The property is located in an area designated as Single-family Residential in the Comprehensive Plan. Five Mile Creek is designated as a multiple -use pathway in the Comprehensive Plan.. SURROUNDING PROPERTIES The surrounding uses are as follows: North — Agricultural, zoned RT (Ada Co.) South — A single-family home with accessory agricultural equipment, zoned RT (Ada Co.); Fieldstone Meadows Sub, zoned R4; and Tumble Creek Sub, zoned R4. East — Agricultural and single-family homes, zoned RT (Ada Co.) West — Single-family home on 4.2 acres, zoned R4 in Meridian (parcel was approved at one time as Bramble Wood Subdivision) SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat, conditional use permit and development agreement. 2. The Developer shall be responsible for payment of water assessment fees for any common areas proposing to use City water as a backup source. Applicant has indicated the Creason Lateral will be used as the primary source, with Five Mile Creek providing the backup source of water. FP -00-025 Bridgetower Sub. No. 1 Mayor and Council December 28, 2000 Page 2 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Please add or revise the following notes: (12) The minimum residential house size for this development is 1,400 square feet, exclusive of garages. 5. Change the year of platting to 2001 and add "Meridian" to the situate statement. 6. Sanitary sewer and water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 7. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the pampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approvaL 8. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 9. As a condition of the plat, Applicant shall be required to construct open -vision fencing or four - foot -high solid fencing (max.) along both sides of any pathways (including adjacent to Five Mile Creek). The developer shall place a deed restriction on the residential lots adjacent to all pathways to prohibit the construction of any solid fencing on the residential lot higher than four feet on the sides adjacent to the pedestrian walkway lot. 10. Add the Right to Farm note to the plat due to adjacent agricultural uses. 11. As the Bureau of Reclamation (BOR) owns the Five Mile right-of-way in fee simple and the FP -00.024 Primeland Subdivision A" 0 0 O Mayor and Council December 28, 2000 Page 3 future pathway location will be off-site from this subdivision (i.e., there is no easement involved), staff requests that the Applicant coordinate pathway improvements with the Meridian Parks Director. 12. Applicant is to obtain easements for sewer, water and bridge crossing within the Five Mile Creek right-of-way where N. Towerbridge will cross prior to signature on the final plat. 13. Show centerline and width of right-of-way for Five We Creek on the plat. 14. The subdivision boundary dimensions do not equal the sum of distances shown on the plat. Please correct. 15. Complete the Certificate of Owners and accompanying Acknowledgment. 16. The landscape plan submitted with the final Plat application needs additional detail for review. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. Fencing locations and details are not adequately depicted to determine compliance with conditions of approval. No fencing will be permitted within the required landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. Perimeter fencing shall be installed prior to applying for building permits. Please submit revised plan to incorporate fencing in accordance with the conditions of approval. All landscaping is to be complete prior to obtaining Certificates of Occupancy. 17. Any subdivision signage shall be located outside of the 40'x40' sight triangle or be less than three feet high. 18. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided 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 FP -00-024 PrinmIand Mayor and Council December 28, 2000 Page 4 subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. 5. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Sewer and water mains shall be extended to and through the proposed development. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five -foot -wide walkway pathway without encroachment of mailbox structures. 10. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. 11. Please reply in writing to these comments by 12:00 noon on Friday, 12-29-00. FP -00-024 Primeland Subdivision &xA 16*Y MA „ Al efev BECKY BIWCU" PLUKIM6 SERVICES 11283 W. Hickory Dale liaise, Idaho 83713 December 29, 2000 City of Meridian Attn: Shari Stiles, Bruce Freckleton and Will Berg 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Re: Primeland Subdivision (Responses to staff comments on the final plat) SITE SPECIFIC COMMENTS: 1. The applicant agrees. 2. The applicant agrees. 3. The applicant agrees. Pc`vED DEC 2 9 2000 CITY OF NIEKIDUN 4. The applicant will add this statement The applicant wants the record to reflect that he intends to utilize the property as L -O in the future. The applicant understands that a rezone or adoption of a new Planned Unit Development Ordinance will be required for the office use. S. The applicant will revise the plat accordingly. 6. The applicant will comply. 7. The applicant will comply. The applicant will not transfer ownership of the pressure irrigation system to Nampa -Meridian Irrigation District. 8. The applicant's engineer will provide the required documentation. 9. The applicant will comply. The applicant intends to construct a (4) foot solid fence with a (2) lattice top. We believe this type of fencing will allow some privacy yet preserve visibility for safety purposes. 10. The applicant will add this statement to the plat. 11. The applicant will comply. 12. The applicant will obtain a License Agreement from Nampa -Meridian Irrigation District for the sewer line location within the Five Mile Creek right-of-way.The applicant can obtain a consent letter from the Bureau of Reclamation. However, I do not believe the Bureau of Reclamation dedicates right-of-way or grants easements. This assumption is based upon my conversations with John Caywood, representative for the Bureau. DEr2- 9pt_ 09:577 XX4 I h/w v ~, SOPe _ oQr.� r�S 13. The plat will be revised accordingly. 14. The plat will be revised accordingly. 15. The applicant will comply. 16. The applicant will have the landscape architect provide the additional information requested. 17. The applicant will comply. 18. The applicant understands. GENERAL REQUIREi1'l3ENTS: 1. Five Mile Creek adjoins the property and will not be piped since it is a natural drainage waterway. 2. The applicant will comply. The applicant may utilize an existing well located in the park area as a secondary source for pressure irrigation. 3. The applicant will comply. 4. The applicant will comply. S. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. pui,b,Y I9" IV oFi r• WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE Wm. E 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 E NICHOLS* *ALSO ADMITTED IN OR • ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Clerk 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 January 5, 2001 Re: Primeland Subdivision (FP -00-024) By: Primeland Development Co., LLP 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 RECEIVED JAN - 8 2001 CITY OF MERIDIAN Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning, Public Works and attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols Enc. Z:\Wor1-\M\Meridian\N4eridian 15360M\Primeland Sub FP024\C1er1-FP024.Ltr .-�' CENTRAL LCg DISTRICT 'HEALTH DEPARTMENT MAIN OFFICE - 707 N. ARMSTRONG PL • BOISE. ID 837C4-0825 - (208) 375-5211 - FAX 327-851-;; To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 01-0369 May 10, 2001 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Primeland Subdivision Dear Mr. Navarro: RECEIVED MAY 11 2001 CITY OF MERIDIAN Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on May 9, 2001. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call 327-8528. Sincerely, Michael H. Reno Senior Environmental Health Specialist CC: Department of Housing and Urban Development City of Meridian Primeland Development Co., LLP Briggs Engineering MR:rlw Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St. Boise. ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall. ID. 83638 Ph. 634-7194 FAX: 634-2174 t CD D z o O n - p d a v 3 a F"D o b O n m m � o � m o° o m c a 3 C: H � 1 � S A b j a 3 a b - Z Q a D v s n D c � _ o � O X D r D 0 c S S n CD C C7 Q W O O 03 :3N � T � R1 ,1 a C" 0 ::,r mT � rA./ N fD v D Z PRIMELAND DEVELOPMENT COMPANY WESTERN BANK 1022 1111 S. ORCHARD ST., STE. 155 BOISE, ID 83702 BOISE, ID 83705 96-455/1232 (208)385-7310 11/1/2000 PAY TO THE CITY OF MERIDIAN"700.00 ORDER OF Seven Hundred and 00/100,*.,,.��..........„,.,...,,..,.,....,.............,...,..........<,., DOLLARS Security features CITY OF MERIDIAN:❑ Lauded. Details on back. TWO SIGNATURES REQUIRED ON AMOUNTS ABOVE $5,000 C;E MEMO --- — ----- --- - M' Ii'00 10 2 2111 1: 1 2 3 204 S S01: 40 10094 180 111' O D z p /may CD p _ Q DO Q f� n 1 m (D N N 3 z W o /W� a A C � O co m G n o0 (9 O O 1 V ry < O C c a 3 c N o � H A n = � v n 9 (� v o n s C) n � d c T .v, o: `° N 1 o D —I D X r > 0 -0 C (D C- o QWO -� c ? m ,1 a_fD Q co O srm CC) O CD m C IC) _ N D Z PRIMELAND DEVELOPMENT COMPANY WESTERN BANK 1022 1111 S. ORCHARD ST., STE. 155 BOISE, ID 83702 BOISE, ID 83705 96-455/1232 (208)385-7310 PAY TO THE CITY OF MERIDIAN ORDER OF 11/1/2000 `700.00 Seven Hundred and 00/100"•.,. ................ «.,....W., ,,,.,..,« ...,.,.«„,..,.,.,.,. - DOLLARS Security features = included. Details on back. TWO SIGNATURES REQUIRED ON AMOUNTS ABOVE $5,000 ri— I 14�� MEMO CITY OF MERIDIAN 11'00 LO 2 211' is L 23 204 5 SOj: 40 LO094 LB0 1110 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 City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: December 13, 2000 Hearing Date: January 2, 2001 File No.: FP 00-024 Request: Final Plat approval of 3 building lots and 5 other lots on 3.84 acres in an R4 zone for Primeland Subdivision By: Primeland Development Co., LLP Location of Property or Project: north of Ustick Road and east of Ten Mile Road Sally Norton, P/Z pvo vAR, vAc, Fp) Kent Brown, P/Z (No vAR, vac, Fp) Thomas Barbeiro, P/Z (No vm, vac, Fp) Richard Hatcher, P/Z (No vAR, vac, Fp) Keith Borup, P/Z (No vAR, vac, FF) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vac, Building Department IV Fire Department --7'— Police Department City Attorney City Engineer Meridian School District (No Fp) Meridian Post Office (Fplpponty) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FFiFFomo U.S. West (FFlFponw Intermountain Gas(Fpmpo„m Bureau of Reclamation (FFIFpowo Idaho Transportation Department (No FF) City Planner Parks Department (Reddenwowo AZ - 27 FP - 24 PP/PFP - 26 VARNAC - 20 CUP - 26 R,WE;nED D E D 14 2000 CITY OF MERIDIAN 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 OR COMMENTS ON DEV W ELOPMENT PROJECTS TRANSMITTALS TO AGENC'TH THE CITY OF MERIDIAN idered by the Meridian City our comments and recommendations will be cons endat ons to Meridian City Hall To insure thaty Council please submit your comments and recomm Attn: Will Berg, City Clerk, by: December 26, 2000Hearing Date: January/ 2, 2001 Transmittal Date: December 13, 2000 File No.: FP 00-024 g lots and 5 other lots on 3.84 acres in an R-4 Request: Final Plat approval of 3 buildin zone for Primeland Subdivision By: Primeland Development Co., LLP Location of Property or Project: north of Ustick Road and east of Ten Mile Road Sally Norton, P/Z ovo vAR, vac, FP) .-. HUB OF TREASURE VALLEY MAYOR A Good Place to Live MERIDIAN Conic Robert D. Coe OF CIT33 CITY COUNCIL MEMBERS EAST I D 14 83642 MERIDIAN, Ron Anderson Keith Bird (208) ggg-4433 • Fax (208) 887-4813 208) ggg-4218 Tamy de�leerd m City Clerk Office Fax Cherie McCandless Settlers Irdgation District 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 OR COMMENTS ON DEV W ELOPMENT PROJECTS TRANSMITTALS TO AGENC'TH THE CITY OF MERIDIAN idered by the Meridian City our comments and recommendations will be cons endat ons to Meridian City Hall To insure thaty Council please submit your comments and recomm Attn: Will Berg, City Clerk, by: December 26, 2000Hearing Date: January/ 2, 2001 Transmittal Date: December 13, 2000 File No.: FP 00-024 g lots and 5 other lots on 3.84 acres in an R-4 Request: Final Plat approval of 3 buildin zone for Primeland Subdivision By: Primeland Development Co., LLP Location of Property or Project: north of Ustick Road and east of Ten Mile Road Sally Norton, P/Z ovo vAR, vac, FP) Meridian School District pvo FP) Kent Brown, P/Z Mo vAR, vac, FP) Meridian Post Office (FP/PP onw Thomas Barbeiro, P/Z (No vAR, vac, FP) Ada County Highway District Richard Hatcher, P/Z (No VAR,VAC, FP) Community Planning Assoc. Keith Borup, P/Z ovo vAR, vAc, F!) Central District Health Robert Corrie, Mayor Nampa Meridian Irrig, Distdct Ron Anderson, C/C Settlers Irdgation District Tammy deWeerd, C/C Idaho Power Co. Keith Bird, C/C Cherie McCandless, C/CmP°"1, (FP/PPonl,1 U.S. West t% Water Department __ Intermountain Gas (FPmP onto Sewer Department ------ Bureau of Reclamation�p�M Sanitary Service ovo mj:, vAc, FP) --- . Idaho Transportation Department ov.FPJ --.Building Department Your Concise Remarks Ada County (Annxtlon onyj __ Fire Department �_ Police Department City Attorney City Engineer City Planner Parks Department AZ - 27 FP - 24 PP/PFP - 26 VARNAC - 20 CUP - 26 REc�IVED DEC 19 2000 CITY OF MERIDIAv Za'390d VvLovseeoZ bT:SZ 00, LZ 33G NUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Livc (208) 288-2499 • Fax 288-2501 Robert D. Cowie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS 33 EAST IDAHO BUILDING DEPARTMENT (208) 887.2211 - Fax 357-1297 Ron Anderson MERIDIAN, IDAHO 83642 Keith Bird (208) SS8-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT Tammy deWeerd City Clerk Office Fax (208) 888-4218 (208) 884-5533 • Fax 383-6854 Cherie McCandless TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: File No.: co nn December 13, 2000 Hearing Date: January 2, 2001 n7A Request: Final Plat approval of 3 building lots and 5 other gots on s.ts4 acres in dia R� zone for Primeland Subdivision By: Primeland Development Co., LLP Location of Property or Project: north of Ustick Road and east of Ten Mile Road Sally Norton, P/Z (No vAR, vAc, PP) Kent Brown, PIZ (N- vAR, vAc, FP) Thomas Barbei ro, PIZ (No vAR, VAC, Fp) Richard Hatcher, PIZ (No vAR. VAC, Fp) Keith Borup, PIZ (No vw vAc, FP) Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vma vac, FP) Building Department Your Concise Remarks: Fire Department �� Police Department City Attorney City Engineer City Planner Parks Department (R-io- ronw A2. Z7 FD.24 PPJGFP.20 VNyNAr_- 20 CUP -28 Meridian School District MoEp) Meridian Post Office (myPP-w Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP-w U.S. West (FP1PPonw Intermountain Gas(wyPP«nw Bureau of Reclamation (FP/Pi,-w Idaho Transportation Department (NOFP) Ada County (A91koo —M REcElvED DEC 18 2000 CITY OF MERIDIAN ** TX CONFIRMA REPORT ** DATE TIME TO/FROM 07 12/29 10:27 PUBLIC WORKS 013 12/29 10:2e 208 eas Ge54 December 29, 2000 AS OF DEC 29 '0 ,:29 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS OF --S 00'24" 002 EC --S 00'33" 002 BECKY BBWCVU F ANMIN6 KERWCIS 11283 W, HICkory Dale 80180, Idaho 83713 City of Meridian Attn: Shari Stiles, &vet Freckleton and Will Berg 200 E, Carlton, Suite 201 Meridian, Idaho 53642 Re: Primeland Subdivision (Responses to staffcommenls on the final plat) SITE SPECIFIC COMMENTS: 1. The applicant agrees, 2. The applicant agrees. 3. The applicant agrees. CMD# STATUS 011 OK 011 OK REc"VED DEC 2 9 2000 CITY OF W.l IDUN 4. The applicant padd thisstatementThe applicant wants the record to reflect that he intends to utilize the Proper as GO inis the here. 7'e applicant understands that a rezone or adoption of a new planned Uoit Development futuOrdinance will be required for the office usc. 5. The applicant will revise the plat accordingly. 6, The applicant will comply. 7. The applicant will comply. to Nampa -Meridian The applicant will not transfer ownership of the pressure irrigation system Irrigation District. 8. The applicant's engineer will provide the required documentation. 9. The applicant will comply. The applicant intends to construct a (4) foot solid fence with a (2) lattice top. We be leve this type of fencing purposes. will allow some privacy yet preserve visibility for safety 10. The applicant will add this statement to the plat. 11. The applicant will comply. I2, The applicant will obtain a License Agreement from Nampa -Meridian Irrlgntion District for the sewer line location withie the Five Mile Geek right-of-way. Toe applicant CaD obtain a consent letter from the the of Reclamation. However, right-ofor grants easements. This assumption is based roy Bureau ave 4atioDs with iohnOf Reclankstion dedicates Caywood, representative fur the Bureau. DEC 29 'Oe 09=53 PAGE. 05 p.S in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. 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 day of , 2000. ROLL CALL ' COUNCILMAN RON ANDERSON COUNCILMAN I<EITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017) VOTED VOTED VOTED VOTED Page 17 MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. as City Clerk Dated: msg/ZAWork\M\Meridian 15360M\BridgeTower AZO17 CUP043 PP017\AZFfC1s0rder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION (AZ -00-017) Page 18 September 15, 2000 VAR 00-013 MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT Primeland Development Co., LLP ITEM NO. Q REQUEST Findings - Request for a variance of the maximum 1000 -foot block length for proposed Bridgetower Subdivision in a proposed R-4 zone - n/o Ustick Road and e/o Ten Mile 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: SEWER DEPARTMENT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 0 - COMMENTS See attached Findings See attacl- See atta& 4v �sv Contacted: LL4U P/,nLucuff Date: el I lk' Phone: Materials presented at public meetings shall become property of the City of Meridian. e'1 RECEIVED interoffice SEP 142000 MEMORANDUM CITY OF N CITY CLERK OFFICE To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Bridgetower Subdivision / VAR -00-013 Date: September 13, 2000 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING A VARIANCE, pursuant to action of the Council at their September 5, 2000 meeting. The Findings will be on the Council's agenda for September 19, 2000 meeting. Please serve copies of both documents upon the Applicant and appropriate departments if Council approves these FINDINGS. If you have any questions please advise. msg/ZAWork\M\Meridian 15360M\BridgeTower A7-017 CUP043 PPO 17\Berg091300VAR.Mem BEFORE THE MERIDIAN CITY COUNCIL C/C 09/05/00 IN THE MATTER OF THE ) VAR -00-013 APPLICATION OF PRIMELAND ) DEVELOPMENT CO., LLP, FOR A ) FINDINGS OF FACT AND VARIANCE FROM THE 1,000 ) CONCLUSIONS OF LAW AND FOOT BLOCK LENGTH WITHIN ) ORDER OF DECISION BRIDGETOWER SUBDIVISION ) GRANTING A VARIANCE LOCATED NORTH OF USTICK ) ROAD AND EAST OF TEN MILE ) ROAD, MERIDIAN, IDAHO ) The above entitled matter coming on regularly for public hearing before the City Council on September 5, 2000, and Shari Stiles, Planning and Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and testified, and appearing and testifying on behalf of the Applicant was Becky Bowcutt, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to -wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 — January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is Primeland Development Co., LLP, whose address is 1111 S. Orchard, Suite 155, Boise, Idaho 83705. 4. The owners of the property are B.L. Bews, whose address is 5204 Sorrento Circle, Boise, Idaho 83704, and Chandos Hoaglun, whose address is 2430 Ustick Road, Meridian, Idaho 83642, and Young Lands Ltd., whose address is 2420 Ustick Road, Meridian, Idaho 83642. 5. The location of the subject property is presently located in Ada County R- T zone, but the Applicant is requesting and granted zoning of Low Density Residential (R-4), in Case No. AZ -00-017, and which subject property is located north of Ustick Road and east of Ten Mile Road, Meridian, Idaho. 6. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and is described as follows: A parcel of land being a portion of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of section 35, Township 4 North, Range 1 West, Boise FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION n Meridian, Ada County, Idaho, and more particularly described as follows; Beginning at a brass cap marking the Southwest corner of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0°26'49" East 488.00 feet along the Westerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 89°14'41" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 0°26'49" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin on the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35; thence North 89°14'41" West 600.00 feet along the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, which is also the centerline of Ustick Road, to the POINT OF BEGINNING. EXCEPTING THEREFROM: A strip of land in the South half of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, and in the North Half of the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet, North 00°26' West of the South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00°26' West 152.0 feet along the North and South Quarter section line; thence South 63°06' East 423.7 feet; thence South 89°52' East 1,109.0 feet; thence South 00°37' East 90.0 feet; thence North 89°52' West 1,231.5 feet; thence North 63°06' West 286.00 feet to a POINT OF BEGINNING. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION "-.. ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD. 7. The present land use of subject property is presently zoned as Ada County R -T, but the Applicant is requesting zoning of Low Density Residential (R-4), in Case No. AZ -99-010, which subject property is presently used agriculturally and as a single family dwelling. 8. The proposed land use of subject property is to develop the subject property in the following manner: A single-family residential development. 9. That a vicinity map, attached hereto as Exhibit "A", consisting of three pages, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-4-5, BLOCKS, and in the R-4 zone if granted the re -zone, which provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. 11. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION from the list on file with the Planning and Zoning Department. 12. The characteristics of the subject property which prevent compliance with the requirements of the ordinance are that the parcel is surrounded by the Creason Lateral and Five Mile Creek. The loop design of the streets creates larger block lengths. The applicant has stub streets proposed north of the Creason Lateral to the Husky parcel. To include one off the west loop would create a duplication. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be the elimination of the requirement that every block should be designed no more than one thousand feet (1,000') in length. 14. The difficulty or hardship which would result if the requirements of the ordinance were applied to the subject property is that the location of the Creason Lateral and the Five Mile Creek justify a variance from the block length requirement. 15. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, and the special conditions and circumstances that exist, are that the allowing for design flexibility creates better neighborhoods. 16. A literal interpretation of the provisions of the ordinance would deprive the Applicant rights because the development of the property would be difficult if no flexibility on block lengths were allowed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION 17. The existence of special circumstances or conditions affecting the property is the existing Creason Lateral and Five Mile Creek surrounding the property. 18. Granting the variance would maintain rights which would be afforded to others in the same situation. 19. The Comprehensive Plan for the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. 20. The variance would allow the applicant to maximize the potential site not out of convenience but from necessity. The topographical conditions existed prior to the development. The City Park also makes designing shorter block lengths difficult. The variance is not profit oriented, it is due to practicality. 21. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 22. The granting of this variance will not have an effect of altering the interest FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 23. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 1I- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 12-4-5, BLOCKS, and in the R-4 zone if granted the re -zone, provides as follows: 12-4-5 BLOCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000) in length. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That the Applicant is hereby granted a variance from the block requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION for Bridgetower Subdivision in the proposed R-4 zone. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Block Requirements in the R-4 Zone as provided in the Section 12-4-5 and 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 day of 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILPERSON TAMMY deWEERD VOTED COUNCILPERSON CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By: City Clerk Dated: msg/ZAWork\M\Meridian 15360M\BridgeTower AZO17 CUP043 PPOMHClsGrantVariance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 10 of 10 ORDER OF DECISION GRANTING A VARIANCE / VAR -00-013 PRIMELAND DEVELOPMENT CO., LLP / BRIDGETOWER SUBDIVISION 0 19 28 29 B O 3 37 15 20 21 22 23 24 25 26 27 30 14 16 18 19 31 17 17 18 12 13 14 15 16 17 18 19 32 13 16 15 20 33 12 9 17 10 g 8 BLOC 4 14 4 34 7 5 21 10 11 7 13 16 6 3 22 35 10 11 12 11 15- 13 12 6 O 12 9 11 2 23 K5 5 13 10 9 14 8 -----------------9 1 1 8 4 6 15 �, 8 7 2 7 3 7 6 3 6 2 1 6 5 4 5 LOCK 4 5 2 3 4 RT 2 ZONE AREA BLOCK 2 3 BOUNDARY 3 2 3 R 1 BLOCK 1 BLOCK 1 2 R-4 _0s 7 L--_ ---- W. USTICK ROAD O0101, tl 10 *O—tyt PEBBLESTONE PEBBLESTONE � ST N E S T Mgl. PARK STONE Dco a w z 0 R TUMBLE CREEK dFT BRIGGS ENGINEERING, INC. VICINITY MAP REVISION BRIDGETOWER SUBDIVISION BRIGGS PORTION OF THE SOUTH I/2 OF SECTION 35, T.4N., R. 1W., B.M., ADA COUNTY, IDAHO sHEET 1 of 1 (208) 3449700 1800 W. OVERLAND ROAD ., DESIGN DRAFTSCALE DATE DWG. NO. W801.APR BOISE, IDAHO 83705 BKB ' 1" - 300, 0529/00 0801 AWS DRAFT BKB / -)-� / '-2.1 ANA loboY A 0, j 0-f s 1-1 Adia Count9t'_.'.*qiy4waV c2VVrict Judy Peavey -Derr, President o1 u tast 3 tin atreet Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us September 5, 2000 TO: Primeland Development Co. LLP FBcE'vE]D 1111 S. Orchard Suite 155 Boise, ID 83705 SEP 1 1 2000 SUBJECT: MVAR00-013 CITY OF MERIDIAN foot block length variance 2430 & 2420 Ustick Rd. The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACHD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. All future design plans 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 in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sincerely, Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services - E. L. Bews 5204 Sorrento Circle Boise, ID 83704 Chandos Hoaglun 2430 Ustick Rd Meridian, ID 83642 Younge Lands Ltd. 2420 Ustick Rd. Meridian, ID 83642 AdiaCountV'__'--*qiqkwaV2)ijti,t e o C....i 97+h C+rr.r.+ Judy Peavey -Derr, President Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us September 5, 2000 TO: The Bower Street LLC 5446 W. State St. Boise, ID 83703 SUBJECT: MVAR00-019 reduce number of trees 283 & 301 E. 5th St. FEcEIVED SEP 1 1 2000 CITY OF MERIDIAN The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACHD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. All future design plans 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 in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sin y, .O� erel;Y4411,7Z, Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services Adia CountuWia4wati .2)ijtpict Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us September 5, 2000 PXcF,rv1ED TO: Darol Forsythe SEP 1 1 2000 Seven Gates Properties 2657 Windmill Parkway Suite 390 CITY OF MERIDIAN Henderson, NV 89014 SUBJECT: MVAR00-020 reduction landscaping variance 2269, 2307 & 2393 E. Commercial St. The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACHD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements must be obtained. All future design plans 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 in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sincerely, Penelope L. Constantikes Development Analyst Cc: Planning & Develop ment/Chron/Project File Planning & Development Services I?FcF-'vED SEP 1 1 2000 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 September 7, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 Meridian City Hall 33 East Idaho Meridian, ID 83642 Re: Var 00-013 Variance Request for Bridgetower Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the block length and we will reserve all other comments until the proposed project has begun. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 BEFORE THE MERIDIAN CITY COUNCIL FILE COPY IN THE MATTER OF THE APPLICATION OF ) PRIMELAND DEVELOPMENT CO., LLP, FOR ) APPROVAL OF FINAL PLAT FOR 3 BUILDING ) LOTS AND 5 OTHER LOTS ON 3.84 ACRES IN AN) R-4 ZONE FOR PRIMELAND SUBDIVISION, ) LOCATED NORTH OF USTICK ROAD AND EAST ) OF TEN MILE ROAD, MERIDIAN, IDAHO ) C/C 01-02-01 CASE NO. FP -00-024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on January 2, 2001, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, listing 11 General Comments and 18 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP -00-024) Page 1 of 4 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PRIMELAND SUBDIVISION" as evidenced in Plat bearing the file name: "PLAT OF PRIMELAND SUBDIVISION, A PORTION OF THE SOUTH '/z OF SECTION 35 TAN., R. 1W., B.M. ADA COUNTY, IDAHO 2000, SHEET 1 OF 2, STAMPED DATE OF NOV 01 2000, #0601 \0601- PLT.DWG BKB 10/26/00, BRIGGS ENGINEERING, INC., CONSULTING ENGINEERS, AND PRIEMELAND DEVELOPMENT CO., LLP, DEVELOPER," is conditionally approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated December 28, 2000, listing 11 General Comments and 18 Site Specific Comments, and additionally attached is the comment letter from Becky Bowcutt dated December 29, 2000, both are true and correct copies of which are attached hereto marked Exhibit "A", and consisting of six pages, and by this reference incorporated herein, with the additional requirements as follows, to -wit: 1.1 Per the City Council action at their January 2, 2001, meeting the Staff comments dated December 28, 2000, shall be changed in the Site Specific Comments at number 4 and number 12 as follows, and which are addressed in Becky Bowcutt's letter of Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP -00-024) Page 2 of 4 December 29, 2000: The following language shall be added to Site Specific Comment #4 as follows: "The applicant wants the record to reflect that he intends to utilize the property as L -O in the future. The applicant understands that a rezone or adoption of a new Planned Unit Development will be required for the office use." At Site Specific Comment #12 it shall read as follows: "The applicant will obtain a License Agreement from Nampa -Meridian Irrigation District for the sewer line location within the Five Mile Creek right-of-way. The applicant can obtain a consent letter from the Bureau of Reclamation. 1.2 Denny Bowers, Meridian Fire Chief, requires that all codes, water supply, hydrants and fire sprinkler systems shall be met. All common lots shall be kept clear of trash and weeds. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on- site improvements. Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP -00-024) Page 3 of 4 By action of the City Council at its regular meeting held on the 2'�P day of du444'-t, 2001. By. Q7V-4' Rob D. Corrie Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: 4 ADate: City Clerk Z:\Work\M\Meridian\Meridian 15360M\Primeland Sub FP024\PrimelandSub0rderFP024 Order Of Conditional Approval Of Final Plat Primeland Subdivision (FP -00-024) 2'e9C Page 4 of 4 HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie 119)288-2499 -F.298-2501 CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT Ron Anderson (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDA0' E IV ET PLANNING AND ZONING Tammy deWeerd (208) 888-4433 •FAX (20� City Cleric Office Fax (20 218 DEPARTMENT Cherie McCandless DEC 2 8 2000 (208) 884-5533 • FAX 888-6854 MEMORANDUM: CITY OF MERIDIAN CITY CLERK OFFICE December 28, 2000 To: Mayor & City Council From: Bruce Freckleton, Assistant to City Enginee;�* Shari Stiles, Planning & Zoning Administrator Re: Request for a Final Plat Approval of Primeland Subdivision — 3 Single-family Building Lots on 3.84 Acres in an R-4 Zone (with PUD) by Primeland Development Co., LLP (File# FP-00-02� 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: LOCATION The property included in this development is located on the north side of Ustick Road, approximately 1,900 feet east of Ten Mile, immediately across Ustick Road from Tumble Creek and Fieldstone Meadows Subdivisions. Five Mile Creek borders the subdivision on the north. The property is located in an area designated as Single-family Residential in the Comprehensive Plan. Five Mile Creek is designated as a multiple -use pathway in the Comprehensive Plan SURROUNDING PROPERTIES The surrounding uses are as follows: North — Agricultural, zoned RT (Ada Co.) South — A single-family home with accessory agricultural equipment, zoned RT (Ada Co.); Fieldstone Meadows Sub, zoned R4; and Tumble Creek Sub, zoned R4. East — Agricultural and single-family homes, zoned RT (Ada Co.) West — Single-family home on 4.2 acres, zoned R4 in Meridian (parcel was approved at one time as Bramble Wood Subdivision) SITE SPECIFIC COMMENTS 1. Applicant is to meet all terms of the approved preliminary plat, conditional use permit and development agreement. 2. The Developer shall be responsible for payment of water assessment fees for any common areas proposing to use City water as a backup source. Applicant has indicated the Creason Lateral will be used as the primary source, with Five Mile Creek providing the backup source of water. FP -00-025 Bridgetower Sub. No. 1 r Mayor and Council ^ December 28, 2000 Page 2 Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Please add or revise the following notes: (12) The minimum residential house size for this development is 1,400 square feet, exclusive of garages. 5. Change the year of platting to 2001 and add "Meridian" to the situate statement. 6. Sanitary sewer and water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 7. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, pians and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development pian review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval 8. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 9. As a condition of the plat, Applicant shall be required to construct open -vision fencing or four - foot -high solid fencing (max.) along both sides of any pathways (including adjacent to Five Mile Creek). The developer shall place a deed restriction on the residential lots adjacent to all pathways to prohibit the construction of any solid fencing on the residential lot higher than four feet on the sides adjacent to the pedestrian walkway lot. 10. Add the Right to Farm note to the plat due to adjacent agricultural uses. 11. As the Bureau of Reclamation (BOR) owns the Five Mile right-of-way in fee simple and the FP -00-024 Primeland Subdivision �� I �, � y� N � O Mayor and Council -- December 28, 2000 Page 3 future pathway location will be off-site from this subdivision (i.e., there is no easement involved), staff requests that the Applicant coordinate pathway improvements with the Meridian Parks Director. 12. Applicant is to obtain easements for sewer, water and bridge crossing within the Five Mile Creek right-of-way where N. Towerbridge will cross prior to signature on the final plat. 13. Show centerline and width of right-of-way for Five We Creek on the plat. 14. The subdivision boundary dimensions do not equal the sum of distances shown on the plat. Please correct. 15. Complete the Certificate of Owners and accompanying Acknowledgment. 16. The landscape plan submitted with the final plat application needs additional detail for review. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. Fencing locations and details are not adequately depicted to determine compliance with conditions of approval. No fencing will be permitted within the required landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. Perimeter fencing shall be installed prior to applying for building permits. Please submit revised plan to incorporate fencing in accordance with the conditions of approval. All landscaping is to be complete prior to obtaining Certificates of Occupancy. 17. Any subdivision signage shall be located outside of the 40'x40' sight triangle or be less than three feet high. 18. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided 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 FP -00-024 Primdand Subdivision Mayor and Council " December 28, 2000 Page 4 subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all lots receiving engineered backfill. 5. Submit `Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 6. Sewer and water mains shall be extended to and through the proposed development. 7. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five -foot -wide walkway pathway without encroachment of mailbox structures. 10. Submit three copies of the revised Final Plat Map to the Public Works Department for compliance review prior to development plan approval. 11. PIease reply in writing to these comments by 12:00 noon on Friday, 12-29-00. FP -00-024 Primetand subdivision &-xA 6:f "*, 1 " Al W6 1 ' BECKY BIWCUR PLANNING SERVICES 11283 W. Hickory Dale liaise, Idaho 83713 December 29, 2000 City of Meridian Attn: Shari Stiles, Bruce Freckteton and Will Berg 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Re: Primeland Subdivision (Responses to staff comments on the final plat) SITE SPECIFIC COMMENTS; 1. The applicant agrees. 2. The applicant agrecs. 3. The applicant agrees. FBGE'vED DEC 2 9 2000 CITY OF MIERIDMN 4. The applicant will add this statement The applicant wants the record to reflect that he intends to utilize the property as L -O in the future. The applicant understands that a rezone or adoption of a new Planned Unit Development Ordinance will be required for the office use. 5. The applicant will revise the plat accordingly. 6. The applicant will comply. 7. The applicant will comply. The applicant will not transfer ownership of the pressure irrigation system to Nampa -Meridian Irrigation District. 8. The applicant's engineer will provide the required documentation. 9. The applicant will comply. The applicant intends to construct a (4) foot solid fence with a (2) lattice top. We believc this type of fencing will allow some privacy yet preserve visibility for safety purposes. 10. The applicant will add this statement to the plat. 11. The applicant will comply. 12. The applicant will obtain a License Agreement from Nampa -Meridian Irrigation District for the sewer line location within the Five Mile Creek rigbt-of-way. The applicant can obtain a consent letter from the Bureau of Reclamation. However, I do not believe the Bureau of Reclamation dedicates right-of-way or grants easements. This assumption is based upon my conversations with john Caywood, representative for the Bureau. DEC 29 100 09:53 ekl,'6;v 'A" SecG opr.= P= r.- 13. The plat will be revised accordingly. f 14. The plat will be revised accordingly. 15. The applicant will comply. 16. The applicant will have the landscape architect provide the additional information requested. 17. The applicant will comply. 18. The applicant understands. GENERAL REQUIREMINTS: 1. Five Mile Creek adjoins the property and will not be piped since it is a natural drainage waterway. 2. The applicant will comply. The applicant may utilize an existing well located in the park area as a secondary source for pressure irrigation. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 1 l . The applicant will comply. - QuidY A" i ofb 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. Meridian City Cleric 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 January 5, 2001 Re: Primeland Subdivision (FP -00-024) By: Primeland Development Co., LLP 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 RECEIVED JAN - 8 2001 CITY OF MERIDIAN Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning, Public Works and attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols Enc. Z:\Work\M\Meridian\N4eridian 15360M\Primeland Sub FP024\C1erkFP0241tr CENTRAL ( (�0 DISTRICT �1' DEPARTMENT HEALTH MAIN OFFICE • 707 N ARMSTRONG PL -BOISE, ID 83704 0825 • (208) 375-5211 -FAX 327-8,11]C To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote lire health and quality of our environmrerrt 01-0369 May 10, 2001 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Primeland Subdivision Dear Mr. Navarro: RECEIVED MAY 1 1 2001 CITY OF MERIDIAN Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on May 9, 2001. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call 327-8528. Sincerely, � �� I/�� �1 Michael H. Reno Senior Environmental Health Specialist CC: Department of Housing and Urban Development City of Meridian Primeland Development Co., LLP Briggs Engineering MR:rlw Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office Ada -WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI. 1606 Robert St. 520 E. 8th Street N. 703 N. 1 st Street Boise, ID 83704 Boise, ID 83705 Mountain Home, ID 83647 P.O. Box 1448 Enviro, Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 McCall, ID. 83638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph. 634-7194 immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460 FAX: 587-3521 WIC: 327-7488 FAX: 327-8500 n l] C 1 Cr ww O ° w .� qma a Co. 9 o 0si m 0 < 2L v_ N D Z 75 PRIMELAND DEVELOPMENT COMPANY WESTERN BANK 10 2 2 BOISE, ID 63702 1111 S. ORCHARD ST., STE. 155 96-455/1232 BOISE, ID 83705 (208) 385-7310 11/1/2000 PAY TO THE CITY OF MERIDIAN $ "`700.00 ORDER OF Seven Hundred and 00/100— — —.,...�.. ���..�,... DOLLARS Security features r included. on back. CITY OF MERIDIAN TWO SIGNATURES REQUIRED ON AMOUNTS ABOVE $5,000 ror MEMO 11100 1,0 2 211' 1: l 23 20 L 5 501: 40 1,00 9 4 180 111' -- -- . G � G uCi O D — O (D (D co z D °� N : WIx s � c a � 07 7J �(D n w o n O � < a � p_ 3 c N T Q d � o d y Z D a C) s N � o 1 O O � � C) -I g D n D X o r O S -g- 1 n l] C 1 Cr ww O ° w .� qma a Co. 9 o 0si m 0 < 2L v_ N D Z 75 PRIMELAND DEVELOPMENT COMPANY WESTERN BANK 10 2 2 BOISE, ID 63702 1111 S. ORCHARD ST., STE. 155 96-455/1232 BOISE, ID 83705 (208) 385-7310 11/1/2000 PAY TO THE CITY OF MERIDIAN $ "`700.00 ORDER OF Seven Hundred and 00/100— — —.,...�.. ���..�,... DOLLARS Security features r included. on back. CITY OF MERIDIAN TWO SIGNATURES REQUIRED ON AMOUNTS ABOVE $5,000 ror MEMO 11100 1,0 2 211' 1: l 23 20 L 5 501: 40 1,00 9 4 180 111' -- -- . `_, �T � V P W O O OD 03 m a_� �o �( m w0< 33 — °' v_ N CD D Z PRIMELAND DEVELOPMENT COMPANY WESTERN BANK 10 2 2 BOISE, ID 83702 1111 S. ORCHARD ST., STE. 155 96-455/1232 BOISE, ID 83705 (208) 385-7310 11/1/2000 PAY TO THE CITY OF MERIDIAN $ ""700.00 ORDER OF Seven Hundred and 00/100"""`•`�.�.�.,.��.�,,..�.��«...,����*��.���,..��,..«„��.,,..«.�,��,,,,....,,....���,,.,.��..«�,,.,.�,��..«��....�.,...,.�. DOLLARS MEMO CITY OF MERIDIAN POO LO 2 211' is L 2 3 204 5 50II: 40 10094 LBO LII' t included. Details on back. TWO SIGNATURES REQUIRED ON AMOUNTS ABOVE $5,000 nr o +Z Q 3 c 0- co CD ® > m N 3 0� WJ 6 A O � � n R 1V ` 07 SJ n o n <CD — 3 c N n D S A � y s m Z 3 d o D rt a n n d s H � o O � D n D X o r O `_, �T � V P W O O OD 03 m a_� �o �( m w0< 33 — °' v_ N CD D Z PRIMELAND DEVELOPMENT COMPANY WESTERN BANK 10 2 2 BOISE, ID 83702 1111 S. ORCHARD ST., STE. 155 96-455/1232 BOISE, ID 83705 (208) 385-7310 11/1/2000 PAY TO THE CITY OF MERIDIAN $ ""700.00 ORDER OF Seven Hundred and 00/100"""`•`�.�.�.,.��.�,,..�.��«...,����*��.���,..��,..«„��.,,..«.�,��,,,,....,,....���,,.,.��..«�,,.,.�,��..«��....�.,...,.�. DOLLARS MEMO CITY OF MERIDIAN POO LO 2 211' is L 2 3 204 5 50II: 40 10094 LBO LII' t included. Details on back. TWO SIGNATURES REQUIRED ON AMOUNTS ABOVE $5,000 nr TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations considered Meyd the Meridian lty Hall City Council please submit your comments and recommendations Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: December 13, 2000 Hearing Date: January 2, 2001 File No.: FP 00-024 I t royal of 3 building lots and 5 other lots on 3.84 acres in an -4 Request: Final P a app zone for Primeland Subdivision By: Primeland Development Co., LLP Location of Property or Project: north of Ustick Road and east of Ten Mile Road Sally Norton, P/Z (No vAR, vAc, FP) Kent Brown, P/Z (No vAR, vAc, FP) Thomas Barbeiro, P/Z (No vAR, vac, FP) Richard Hatcher, P/Z (No vAR, vAc, FP) Keith Borup, P/Z (No vAR, vAc, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residentieionlo AZ - 27 FP - 24 PP/PFP - 26 VARNAC - 20 CUP - 26 Meridian School District (No FP) Meridian Post Office (FP1PPon1r) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP1PPon1y) U.S. West (FPlPPo-w Intermountain Gas(FP/PPonlo Bureau of Reclamation (FPIPPonlo Idaho Transportation Department (No FP) Ada Countv (Anne -tion only) RKEIVED D E C 14 2000 CITY OF MERIDIAN HUB OF TREASURE VALLEY y- LEGAL DEPARTMENT MAYOR Robert D. Come A Good Place to Live CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT CITY COUNCIL MEMBERS 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 Ron Anderson Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT Tammy deWeerd City Clerk Office Fax (208) 888-4218 (208) 884-5533 • Fax 888-6854 Cherie McCandless TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations considered Meyd the Meridian lty Hall City Council please submit your comments and recommendations Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: December 13, 2000 Hearing Date: January 2, 2001 File No.: FP 00-024 I t royal of 3 building lots and 5 other lots on 3.84 acres in an -4 Request: Final P a app zone for Primeland Subdivision By: Primeland Development Co., LLP Location of Property or Project: north of Ustick Road and east of Ten Mile Road Sally Norton, P/Z (No vAR, vAc, FP) Kent Brown, P/Z (No vAR, vAc, FP) Thomas Barbeiro, P/Z (No vAR, vac, FP) Richard Hatcher, P/Z (No vAR, vAc, FP) Keith Borup, P/Z (No vAR, vAc, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residentieionlo AZ - 27 FP - 24 PP/PFP - 26 VARNAC - 20 CUP - 26 Meridian School District (No FP) Meridian Post Office (FP1PPon1r) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP1PPon1y) U.S. West (FPlPPo-w Intermountain Gas(FP/PPonlo Bureau of Reclamation (FPIPPonlo Idaho Transportation Department (No FP) Ada Countv (Anne -tion only) RKEIVED D E C 14 2000 CITY OF MERIDIAN HUB OF TREASURE VALLEY MAYOR A Good Place to Live Robert D. Come CITY OF MERIDIAN CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Cherie McCandless 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 City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: December 13, 2000 Hearing Date: January 2, 2001 File No.: FP 00-024 Request: Final Plat approval of 3 building lots and 5 other lots on 3.84 acres in an R-4 zone for Primeland Subdivision By: Primeland Development Co., LLP Location of Property or Project: north of Ustick Road and east of Ten Mile Road Sally Norton, P/Z (No vAR, vac, FP) Kent Brown, P/Z (Mo vAR, vac, FP) Thomas Barbeiro, P/Z (No vAR, vac, FP) Richard Hatcher, P/Z ovo vAR, vAc, FP) Keith Borup, P/Z Mo vw; vac, FP) Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C tj Water Department Sewer Department Sanitary Service (No vAR, vAc, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Meridian School District ovoFP) Meridian Post Office (FP/PPonlo Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Inig. District Settlers Irrigation District Idaho Power Co. (FP/PPonlo U.S. West (FP/PPontA Intermountain Gas (FP/PP ontA Bureau of Reclamation (FP/PPonlo Idaho Transportation Department nvoFP) Ada County (Ann x.Hononw Parks Department (Re.rdsnnlonry� AZ - 27 FP - 24 PP/PFP - 20 VARNAC - 20 CUP - 28 RECEIVED DEC 19 2000 CITY OF MERIDIAN TO'30dd PPLBb8890E t7T:ST 00, LT 33G HUB OF TREASURE VALLEY MAYOR Robert D. Come A Good Place To Live LEGAL DEPARTMENT CITY OF MERIDIAN 1208) 28S-2499 • Fax 2S8-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Kcith Bird MERIDIAN, IDAHO 83642 (208) 887.2211 • Fax 887-1297 Tammy deWeerd (208) 883-4433 • Pax (208) 887-4813 PLANNING AND ZONING Cheri McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 384-5533 • Fax 388-6S54 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 City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: December 13, 2000 Hearing Date: January 2, 2001 File No.: FP 00-024 Request: Final Plat approval of 3 building lots and 5 other lots on 3.84 acres in an R-4 zone for Primeland Subdivision By: Primeland Development Co., LLP Location of Property or Project: north of Ustiek Road and east of Ten Mile Road Sally Norton, P/Z (No vAR, vAc, FP) Kent Brown, P/Z No vAR, vAc, FP) Thomas Barbeiro, P/Z (". vaR, vAc, FP) Richard Hatcher, P/Z pvo vAR, VAC, FP) Keith Borup, P/Z (Ho vAR, vAc, FP) 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 (!Vo vAR, vac, FP) Meridian School District (N.FP) Meridian Post Office (FP�PPort/y) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FPiP?av,g U.S. West (FP/PPOao Intermountain Gasnr-P/vPa„N7 Bureau of Reclamation (r-P,PPonw Idaho Transportation Department N*FP) Ada County (A7p do. only Building Department Your Concise Remarks: Fire Department A ,"_.� Police Department City Attorney City Engineer City Planner Parks Department (Rs.icF.au./onW AZ•27 FP -2A PP!PFP.a VMJVPC. 20 CUP -26 REcE1VED DEC 18 2000 CITY OF MERIDIAN TO/iAd t7t7L9t79Q9&Z=QT xaTwm'jTOW" hfVT. T" ** TX CONFIRMA REPORT ** DATE TIME TO/FROM 07 12/29 10:27 PUBLIC WORKS 08 12/29 10:29 208 B88 6854 AS OF DEC 29 '6 :29 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'24" 002 011 OK EC --S 00'33" 002 011 OK p.S BECKY IVWCVU p=NIMS SERVICES 11283 W, Hkkory pole 130180. Idaho 83713 December 29, 2000 REcEvED DEC 2 9 2090 City of Meridian CM OF biEfU L4N Attn: Shari Stiles, Bruce 1'reckieton and Will Berg 200 E. Carlton, Suite 201 Meridian, Idaho 33642 Re: Frimeland Subdivision (Responses to staff comments on the final plat) STPE SPECIFIC COIYIlVIENTS: I. The applicant agrees. 2. The applicant agrees, 3. The applicant agrees. 4. The applicant will add this statement The applicant wants the record to rellect that be intends to utilize the property DUO in the future. The applicaat understands that a rezone or adoption of a new plunged Unit Development Ordinance will be required for the office use. 5, The applicant will revise the plat accordingly. 6. The applicant will comply. 7. The applicant will comply. The District. applicant will to Nampa -Meridian Irrigation Distrinot transfer ownership of the pressure irrigation system g• The applicant's engineer will provide the required documentation. 9. The applicant will co top. We tk ievc tmply. The applirnw nt intends to consct a (4) foot solid fence with a (2) lattice purposes, preserve type of fencing will allow some privacy yet presve visibility for safety 10. The applicant will add this statement to the plat. 11. The applicant will comply. 12. The applicant Will obtain a License Agreement }Mom Nampa Meridian Irrigation District for the sewer line location within the Five Mile Creek right-of-vray. The applicant can obtain a consent tetter from 1be Bureau of Reclanwalion. However, I do not believe the Bureau of Reclamation dedicates right -of --way or grants easements. This assumption is based upon my conversations with Job, Clyw-d, representative fur the Bureau. DEC 29 '0@ 09=53 Kristv Vi From: Sonya Watters Sent: Tuesday,,August 08, 2006 12:57 PM To: Amanda Hess; Anna Canning; Barb Shiffer; Caleb Hood; Jen Veach; Justin Lucas; Kirk Steinhorst; Kristy Vigil; Matt Ellsworth; Steve Siddoway Subject: FW: Bridgetower Sub FYI.. irement to rezone Primeland Subdivision which consists Everyone should be aware of the requ of 3 lots south of Five Mile Creek on the north side of W. Ustick Road, south of Bridgetower Crossing Sub. These lots are currently zoned R-4 but the there required that they be rezoned to an L-0 zone. Twoofthe lots are already developed but tpe�oval wetcan dget e that is for sale right now. Hopefully when the last lot comes in for a p the other two lots to be part of the rezone. Thanks, Sonya -----Original Message ----- From: Anna Canning Sent: Tuesday, August 08, 2006 12:43 PM To: Sonya Watters; C. Caleb Hood Cc: Tammy de Weerd Subject: RE: Bridgetower Sub Sonya, Regardless of whether or not we missed it in the past, it is still a condition of approval. For the property that has yet to be developed, they need to obtain the rezone. For the other two properties, if they want to change uses, sell, expand, or do anything else that requires a building permit, they will need to rezone. It is in the best interest of all those owners to rezone their property at this time. I think we should push the property owners to do the right thing. I'm disappointed that Primeland is not stepping up to do the right thing. Anna Anna Borchers Canning, AICP City of Meridian Planning Director -----Original Message ----- From: Sonya Watters Sent: Tuesday, August 08, 2006 9:26 AM To: Anna Canning Cc: C. Caleb Hood Subject: Bridgetower Sub Anna/Caleb, This is regarding our conversation about 3 weeks ago pertaining to the 3 lots in Bridgetower Sub. (Primeland) that were annexed w/an R-4 zoning designation (inteded as future office lots) because the Comp. Plan in effect at that time did not allow office or commercial zoning in that area. The DA required that these lots be restricted from obtaining building permits until the lots were formally rezoned to the L-0 zone, or other zone that allows office uses, once the new Comp. Plan was adopted. The property was never rezoned and our office approved office uses on 2 of the 3 lots in the R-4 zone. None of the lots are owned by the original developer on which this condition was placed. Question is, what do we do now? You had asked me to speak w/Becky about preparing the rezone application and asking Council to waive the fees. I spoke w/her about this.and she discussed it w/Frank Varialle and they are not interested in pursuing this as he no longer has interest in the property and it would require staff time on her part to prepare the application. I think the City should try to clean this up by rezoning these lots with the owner's consent. What do you guys think? 1 h -------------------------------- Sonya Watters CITY OF MERIDIAN Planning Department 660 E. Watertower Ln., Meridian, Idaho 83642 Phone: (208)884-5533 Ste. 202 Fax: (208)888-6854-------------------------------- Page 1 of 1 Dave McKinnon From: Dave McKinnon [mckinnod@ci.meridian. id. us] Sent: Wednesday, July 31, 200211:12 AM To: 'bbowcutt@msn.com' Subject: Primeland Subdivision Office Lots Dear Becky, Sorry about the confusion surrounding the three (3) office lots located within Primeland Subdivision. Although the property is zoned R-4, and the current ('93) comp plan does not support the office uses located at the Primeland Subdivision location, the City of Meridian has approved of office uses at this location, and will not require anything other than a CZC for the use of each lot for a single building as submitted with the Bridgetower Crossing PUD/CUP. City staff (legal and planning) is currently working out the details concerning the recorded development agreement (DA) that requires the property to be rezoned to L -O prior to office development. We may need to modify the agreement, but we will not require the delay of an office development on any of the three lots located within Primeland Subdivision prior to the resolution of the DA requirements. Again song about the confusion, and please feel free to contact me if you have any questions. Thanks, Dave 7/31/2002 _A HUB OF TREASURE VALLEY MAYOR A Good Place to Live Robert D. Corrie CITY OF MERIDIAN CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deweerd Cherie McCandless January 3, 2001 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Primeland Development Co., L.L.P. 1111 S. Orchard, Suite 155 Boise, ID 83705 RE: Final Plat Approval for Primeland Subdivision 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 To Whom It May Concern: lat This letter is to confirm that the City of Meridian's City Council dinanceoved hSectionl P1 9 - application for the subject property at their 1/2/01 meets g ear after l 604-1, the Final Plat shall be filed with the County Recorder wit in on e(1) y and void, written approval by the Council; otherwise, such app applicant unless prior to said expiration date an extensionauthorize of ohoer zis ea, eztensioor by the n of the final plat for and granted by the Council. The Council may ar from the end of the original one-year period a period not to exceed one ye . rior to An request for an extension m must filed with the . Zoning 456,9 3-85)Admiistrator pThe feefhe oran Any lapse of the original one year and must be in writingg extension request is $100.00. Sincerely, CITY OF MERIDIAN £s Shari Stiles Planning Director/Zoning Administrator cc: Becky Bowcutt, Becky Bowcutt Planning Services