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Sparrowhawk Subdivision AZ 00-024r uITY CLERK FILE CHECKLIST Project Name: Sparrowhawk Subdivision File No. Contact Name: Shawn Nickel Phone: Date Received from Planning and Zoning Department: Planning and Zoning Level: 0 Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: AZ -00-024 322-8992 Hearing Date: January 4, 2000 December 1, 2000 15 -Dec -01 and 29 -Dec -00 December 14, 2000 LZJ Planning and Zoning Commission Recommendation: Approve ❑ Deny Notes: City Council Level: 0 Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: ❑ City Council Action: 01 Hearing Date: b 0 Yl ('�U a- 0 ( and (0-a 10 Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: Resolutions: -. Original Res I Copy Cert: Minutebook Copy Res I Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / Original Cert: Ada County (CPAs) Applicant (non -CPIs) RecordedOrdinances: Original: Minutebook Copies to: City Clerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Codifiers City Altorney City Engineer City Planner _ Project file Applicant (if appl.) Findings I Orders: Original: Minutebook - - Copies to: Applicant Project file City Engineer _ City Planner City Attorney Record Vacation Findings - Recorded Development Agreements: OrginatFifeproof File Copies to:Appkcant Project file City Engineer City Planner City Attorney MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: AZ -00-024 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By: Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 pe-ErVE]) OCT 3 0 OQ 4R4,no CITY OF IN ERIDIAN PLANNING & ZONING ago ic kZ.- APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Sparrowhawk Subdivision GENERAL LOCATION: NE corner N. Nola and E. Franklin Road TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): General Retail and Service Commercial ACRES OF LAND IN PROPOSED ANNEXATION: 20.20 PRESENT LAND USE: Residential/Open Ground PROPOSED LAND USE: Mixed Commercial/Office PRESENT ZONING DISTRICT: RT PROPOSED ZONING DISTRICT: C -G General/Retail and Service Commercial APPLICANT. Sitzlar Real Estate Development, LLC PHONE: 870-7171 ADDRESS: 1245 W. Hempstead Dr., Eagle, ID 83616 ENGINEER, SURVEYOR, ORPLANNER: Shawn L. Nickel PHONE: 322-8992 Hubble Engineering, Inc. ADDRESS: 701 S. Allen St., Suite 102, Meridian, ID 83642 OWNER(S) OF RECORD*: D. Arlene Stutzman PHONE: 888-1928 ADDRESS. 1184 Cathy Lane, Meridian, ID 83642 aa. , -�U! *Annexation may require entering into a development agreement as a condition of annexation. Current owner must execute agreement and/or offer explanation of change in ownership wnership and timing for same. APPLICATION FOR ANNEXATION AND REZONE OR ZONING Sparrowhawk Subdivision 1. Name, address and phone number of applicant: Sitzlar Real Estate Development LLC 1245 W. Hempstead Eagle, Idaho 83616 Telephone 939-5840 2. Name, address and phone number of title owner: D'Arlene Y. Stutzman 1184 Cathy Lane Meridian, Idaho 83642 Telephone 888-1928 3. Notarized request for zoning amendment: Attachment 4. Legal description: Attachment 5. Description of present land use: Residential/Open Ground 6. Description of proposed land use: Proposed Mixed Commercial/Office 7. Present zoning district and jurisdiction: RUT (Rural Urban Transition) Ada County 8. Proposed zoning district: C -G (General Retail and Service Commercial) 9. Statement describing characteristics of the property: Contained in cover letter accompanying application. JAProjects\Sitzler Franklin Road(00-235-00)\Documents\ApplicationforAnnexRezoneorZoning.doc 10. Statement outlining the necessity or desirability of development and its harmony with adjacent property: Contained in cover letter accompanying application. 11. Statement how the proposed zoning relates to City of Meridian Comprehensive Plan: Contained in cover letter accompanying application. 12. One map (1"=1001) scale: Attachment 13. Thirty copies of vicinity map: Attachment 14. List of addresses of property owners within 300 feet: Attachment 15. Fee: Submitted with Application 16. Affidavit of posting notice for public hearing: Attachment 17. Affidavit verifying Applicant's knowledge of contents: Attachment JAProjects\Sitzler Franklin Road(00-235-00)\Documents\ApplicationforAnnexRezoneorZoning.doc .-1r HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 . Meridian, ID 83642 208/322-8992 ■ Fax 208/378-0329 October 27, 2000 Meridian City Council City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 RE: Sparrowhawk Subdivision, Annexation, Zone Change and Preliminary Plat Dear City Council; Please accept our application for Sparrowhawk Subdivision, located at 1960 Franklin Road in Meridian, Idaho, on the northeast corner of Nola Road and Franklin Road, Section 27, Township 3 North, Range 1 East of the Boise -Meridian. The property contains 20.20 acres. Included in this request is an application for annexation from Ada County to the City of Meridian, a requested zone change from RT (Rural Transition) to C -G (General Retail and Service Commercial), and a preliminary,plat for a three (3) lot subdivision. Currently, the property contains a single-family dwelling and accessory structures, with the remainder of the property undeveloped. The requested zoning designation for this property is C -G (General Retail and Service Commercial). This zoning designation provides for a mix of uses ranging from retail commercial to office uses. These uses and the proposed zoning designation are compatible to existing zoning and uses in the immediate area and provide for an excellent buffer between the residential uses to the south of the site and the industrial uses located on its northern boundary. The Meridian Comprehensive Plan has designated this proposed area as Mixed -Use Development, with probable mixed uses consisting of commercial, medium to high density residential, light industrial, office, medical and related land uses. At the present time, the developer does not have specific uses for each of the three lots that are part of the preliminary plat. For this reason, a planned unit development is not part of this application. The developer understands the concern that the City has regarding rezoning property to commercial without an idea of what uses would eventually be requested. Therefore, the developer would like to work with Planning and Zoning and the City Council to come up with an agreement on how these lots will be developed in the future. The developer has agreed to have each of the three lots be subject to individual conditional use permits that will allow the City to review the site designs in regard to landscaping, parking, building elevations, etc. In addition, the developer is willing to regulate certain uses from being developed through the development agreement procedure. And finally, the developer is willing to place a time limit on development under the C -G zoning that, if not met, would revert the property back to its current zoning designation. In all, we feel that this development is a nice fit into the overall plan envisioned by the City of Meridian for this area. Our request meets the intent of the Meridian Comprehensive Plan for development in this area. Sewer and water are located adjacent to the site and will be provided to the development. The plat has been designed based on Ada County Highway District policy and the City of Meridian subdivision standards. We have included statements addressing traffic impact and seasonal ground water elevations as required in your application. We look forward to working with you and your staff and request approval of what we believe to be a quality project. If you have any questions, please do not hesitate to contact me at 322-8992. Sincerely, Shawn L. Nickel, Project Planner Hubble Engineering, Inc. AFFIDAVIT OF APPLICANT STATE OF IDAHO ) )ss. COUNTY OF ADA ) Ron Sitzlar and Kelly Fulfer, being first duly sworn upon oath, depose and state as follows: 1. Ron Sitzlar and Kelly Fulfer are duly authorized members of Sitzlar Real Estate Development LLC, to act on behalf of the limited liability company. Sitzlar Real Estate Development LLC by its Application requests a zoning amendment and annexation of property located in the northeast quadrant of the intersection of Franklin Road and North Nola Road, Meridian, Idaho. Sitzlar Real Estate Development LLC is not the record owner of the subject property, but holds an exclusive option to purchase the property from the record owner. 2. Applicant understands the requirement for and commits to post notices on the property for public hearings that may be called to consider the application filed by Applicant. 3. Applicant has read the contents of the Application and according to the best information and knowledge of Applicant verifies that the contents and representations made therein are true and correct. Dated this ;� 7 day of QC1We,- , 2000. Ron Sitzl#r fb� Sitzla-Real Estate Development LLC Kelly,Klfer for Si Real Estate Development LLC Subscribed and sworn to before me a notary public in and for the State of Idaho JAProjects\Sitzler Franklin Road(00-235-00)\Documents\AffiofApplicant.doc Notary PWlic Residing Commission Expires rvuv-l�-�eee 11 45 NUBBLE ENGINEERING 09.�? 208 378 0329 P-02/03 HUBBLE ENQ1NEEPING 208 37e 0329 P.02/02 — AFFIDAVIT OF OWNEq STATE OF IDASO ) .y COUNTY OF ADA) y9 !, as the dried owner otrecord, Doc R Lyne, authorize Ron Sitzlar and Kelly Fuller as duly author'zed members of Simlar Real Eirttte Development LLC, to request Rnnexapoe And xotind amendment, a planned use development and to uesf approval for a preliminary wWlor fival plat on my 19+ etrere rce (s) on the northeast i corner of N. Nola and E. Frenklin Rd. iu Meri&m, TD. The metes and bounds legal deacri AM fay- the about; parcel(s) is a part Subdi�Gision. of this application packet for Sparrowhawk Lynn Dam& /j�ILfUf� Subscribed and sworn to before me a notary public in and for the State of Tdaho. ,4,641111/ : tS PRY Nb Notaryl'ubC Resirling at .!llr�/+ g < : i•go Coturnission Expire, /o �ti•. srATE - :�', InMgnmyW;#, rn"Ua tu.J(oaaf!-0NriDaoomme�MPlpAv:l i)t 0m. -U.4, 70T;:'j- P_m HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 . Meridian, ID 83642 Project No. 0023500 DESCRIPTION FOR SITZLAR PROPERTY 208/322-8992 . Fax 208/378-0329 October 27, 2000 A parcel of land located in the S1/2 of Section 8, T.3N., RAE., B.M., Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 8 from which the S1/4 corner of said Section 8 bears North 89°37'00" East, 2645.88 feet; thence along the South boundary line of said Section 8 North 89°37'00" East, 661.20 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary line North 00°01'53" East, 284.11 feet; thence North 89°37'18" East, 331.00 feet; thence North 00°01'53" East 198.90 feet to a point on the South boundary line of Locust Grove Industrial Park Subdivision as filed in Book 41 of Plats at Page 3391, records of Ada County, Idaho; thence along said South boundary line North 89°37'18" East, 1653.46 feet to the southeast corner of said Locust Grove Industrial Park Subdivision; feet; thence along the North-South centerline of said Section 8 South 00°00'17" West, 355.83 thence leaving said North-South centerline South 89°37'00" West, 100.00 feet; thence South 00°00'17' West, 127.00 feet to a point on the South boundary line of said Section 8; thence along said South boundary line South 89°37'00" West, 1884.69 feet to the Real Point of Beginning, containing 20.20 acres, more or less. lr;; _RIDIAN PUBLIC WORKS C : +.. J/S itz la r/GGC/vw/S itz I a rP ro p Prepared by: NUBBLE ENGINEFI�ING, INC. IVf 0 �4rf0F RY G. CPQ Gregory G. Carter, P.L.S. Sent By: ; 208 888 6854; Oct 11 00 9:14AM; Zl Ztr4R COM RQAL FRANKLIN Rp- PROPERTY OWNS I7"HIN 300' BERRY ARTHUR TAMOPA DOUGLAS W 960 AROADWAY AVE STE 450 B01* ID :83706-3671 1620 FRANKLIN RI) RECO`kp CLAYTON & RECOPO SUSAN 1854 t LANARK ST MERIDIAN ID 83642-0000 ANDER50N RICHARD A FMLY PRTNER 2120 (ANARK ST MERMIAN ID 83642-5916 E LANt4RK ST 2102 LANARK ST GOADS JOHN D GOADS SANDRA J 5855 $ECKY DR MERrM7AN ID 83642-5364 2160 E LANAPK ST AIMONETTp JAME5 L AIMONETTO CAROLYN M 137 WINDS DR SE REDMOND WA 98053-0000 E LANARK 5T JOINT SCHOOL DIST #2 911 N MERIDIAN RD MERIDIAN ID 83642-2241 2250 E LANARK ST JOINT SCHOOL DIST #2 2540 E FRANKLIN RD MERIDIAN ID 83642-5910 2311 E LANARK 5T MERIDIAN CITY 33 E IDAHO AVE MERIDIAN I0 83642-2631 E LANARK ST COVE GERALD V d COPE JUDITH R PO BOX 346 MERIDIAN ID 83680-0346 1855 E LANARK ST BAGLEY FRED R & BETTY L B Bz INC 7225 BETHEL 5T 8015E ID 83704-0000 1901 E LANARK ST CAGE GUY E & GAGE JANICE M 1957 LANARK ST MERIDIAN ID 83642-5917 CAMPBELL CLAIRE D PO BOX 1390 CALDWELL ID 83606-0000 2103 E LANARK ST ELSTON MILO O 2161 LANARK ST MERIDIAN ID 83642-5917 2205 E LANARK ST RIDGEWAY WILLIAM C AND RIDGEWAY SHIPLEY B 2251 LANARK ST MERIDIAN ID 83642-5917 5TUTZMAN D'ARLENE Y 1154 CATHY LN MERIDIAN ID 83642-2368 1960 E FRANKLIN RD Page 2 Sent By: 208 888 6854; Oct -11-00 9:14AM; Page 3/4 ANDERSQN JOHN P& ANDERSON DOROTHY J 120 N NOLA RD MERIDIAN ID 83642-5922. HANK BARBARA C 1770 E FOREST CT PARK EAGLE ID 83616-0000 2390 E FRANKLIN RD DOUBLE JAYCEE PROPERTIES LLC 4192 W PLUMROSE ST MERIDIAN ID 83642-0000 190 5 LOCU5T GROVE RD CULLIP RODNEY L CULLIP SHIPLEY A 1821 E' FRANKLIN RD MERIDIAN ID 83642-5907 1819 E FRANKLIN RD BURR A' RNOLD 1885 E. FRANKLIN RD MERIDIAN ID 83642-5907 OSBORNE RONALD LEE OSB04NE CARLA R 373 THORNWOOD DR MERIDIAN ID 83642-6223 E FRANKLIN RD GRATIQT RICHARD F GRATIOT LOUISE E 1975 E FRANKLIN RD MERIDIAN ID 83642-5907 ROBER't SEARLE V & ROBERT PATRICIA K 2031 E FRANKLIN RD MERIDIAN Ip 83642-5900 DAHNF REGINA 2075E FRANKLIN RD MERIDIAN ID 83642-5900 GUTCHER NORMAN KEITH A GUTCHER BETTE J 2119 FRANKLIN MERIDIAN Ib 83642-0000 CAMPBELL CHERYL SIMPSON TRACY A 2155 E FRANKLIN RD MERIDIAN ID 83642-5900 O'HARA CHARLES E b O'HARA PATRICIA A 515 WEATHERBY DR MERIDIAN ID 83642-6269 BROWN PAUL M 30 S WEATHERBY DR MERIDIAN ID 83642-0000 JOHNSON KEN L & JOHNSON CYNTHIA D 2307 E FRANKLIN RD MERIDIAN Ib 83642-5909 905TROM LONNIE L 6& 8051 -ROM CATHY L 2355 E FRANKLIN RD MERIDIAN ID 83642-5909 E FRANKLIN RD KALLENBERGER TANYA 6 KALLENSERGER LEE 2459 E FRANKLIN RD MERIDIAN ID 83642-5909 J j ti 1 J H LL) clJ a^ E G oC N I 1 J O I joy N uj a-mm o W Q Q Q 1 Opp w - F- LU L OE C w Waa Uw rz J = r d Q �. rm . L Wx Lo o cr N ru O .-t �w y c0 CITY OF MERIDIAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888-4433 OC�k PRINTED IN U.S.A. � � VNINTEO WITH SOYINK _ w j ti 1 I E I 1 O I o Q 1 Opp O L OE C w A' rz r d h { �. rm . d o ru O .-t CITY OF MERIDIAN "Hub of Treasure Valley' 33 E. Idaho Meridian, Idaho 83642 888-4433 OC�k PRINTED IN U.S.A. � � VNINTEO WITH SOYINK _ w Washington Traffic Analysis of the Sparrowhawk Subdivision ranklin Road and N. Nola Road in Meridian Submitted For: Providence Development Company DRAFT Submitted By: Washington Infrastucture Services anuary, 08, 2001 Z � - I Lanark Street DRAFT Submitted By: Washington Infrastucture Services anuary, 08, 2001 Washington _ Traffic Analysis of the Sparrowhawk Subdivision Franklin Road and N. Nola Road in Meridian Submitted For: Providence Development Company DRAFT Submitted By: Washington Infrastucture Services January, 08, 2001 I Z 2 Lanark Street u 5 ............ A �. U - ` Lot t fi.r Lot 2 Lot 3 __.. Franklin Rd _....- -- -_ , ..... ..._. _._. .... ............. __..... ---------- m: m DRAFT Submitted By: Washington Infrastucture Services January, 08, 2001 Executive Summary This transportation system analysis has identified the following conclusions: 1. The project site is proposed to include a 2,000 sq. ft. Convenience Market (with fuel sales), a 64,000 sq. ft. general office building, and a 64,000 sq. ft. Mini Warehouse (storage unit). These values are estimates only for the purpose of this traffic analysis. 2. The convenience market (with fuel sales) on the site will generate 2,340 daily vehicle trips (585 new trips) or 190 vehicle trips (50 new trips) during the p.m. peak hour. Approximately 75% of the trips generated by the convenience market will be pass -by stops, not new trips. 3. The general office building on the site will generate 700 daily vehicle trips or 100 vehicle trips during the p.m. peak hour. 100% of the trips generated by the general office building are assumed to be new trips. 4. The mini warehouse (storage unit) on the site will generate 160 daily vehicle trips or 20 vehicle trips during the pm peak hour. 100% of the trips generated by the mini warehouse are assumed to be new trips. 5. N. Nola Road and the intersection of Franklin Rd. and N. Nola Rd. operate at an acceptable level of service under existing conditions. However, current traffic counts show that Franklin Rd. is approaching capacity and it will operate at capacity in the year 2003 (the build year) with just the background traffic. The intersection of Franklin Rd. and Eagle Rd. is also over capacity under existing conditions. –" a. N. Nola Rd. is operating at a LOS C or better (under capacity) under existing conditions. b. The intersection of Franklin Rd. and N. Nola Rd. is under capacity (v/c ratio = 0.71) under existing conditions. c. Franklin Rd. is operating at a LOS E/F (approaching capacity/at capacity) — under existing conditions. The implementation of a third lane is warranted for Franklin Rd. to operate under capacity under existing conditions. d. The intersection of Franklin Rd. and Eagle Rd. is over capacity (v/c ratio = 1.18) under existing conditions during the p.m. peak hour. The implementation of right -turn lanes on the westbound, northbound, and southbound lanes, and the implementation of an additional left -turn lane on the eastbound and westbound lanes are recommended in order for the intersection to operate under capacity (V/c ratio = 0.94). 6. The build out of the proposed development will have the following affects: a. N. Nola Rd. will continue to operate at a LOS C or better and Franklin Rd. will operate at a LOS D or better under existing plus project conditions (with the implementation of a third lane warranted under existing conditions). b. The intersection of Franklin Rd. and N. Nola Rd. will continue to operate under capacity (v/c ratio = 0.76) under existing plus project conditions. c. The intersection of Franklin Rd. and Eagle Rd. will continue to operate under capacity (v/c ratio = 0.95) under existing plus project conditions with the implementation of the additional lanes that are warranted under existing conditions. Sparrowhawk Subdivision Analysis Page I 7. The Ada County Highway District should review the need for the extension of Machine Drive to Franklin Road. 8. The applicant and the Ada County Highway District should review the benefit of .,. constructing the entrance to the mini warehouse (lot 3) to line up with Weatherby Drive. 9. An examination of the ACHD Policy Manual (Figures 72-F4 & 72-F5) indicates that site driveways may be located as follows: a. Nola Road: One driveway may be located a minimum of 175 feet north of the intersection with Franklin Road. This spacing is for a full access .— driveway. b. Three driveways may be constructed on Franklin Road. I. The driveway closest to the intersection with N. Nola Road may be located a minimum of 440 feet from the intersection. This spacing is for a full access driveway. With the planned extension of Locust Grove Road to Franklin Road, it is anticipated that the Franklin Road/N. Nola Road intersection will change to a stop -controlled intersection. If and when this is the case, a minimum spacing of 220 feet from the intersection is adequate. -' ii. One full access driveway may be located aligned with or offset a minimum of 185 feet from Weatherby Drive. iii. The full access site driveways may be located a minimum of 185 —' feet from each other or any other driveway. This transportation analysis has identified the following recommendations: 1. Construct a third lane on Franklin Road. This improvement is warranted under existing conditions in order for Franklin Road to operate at an acceptable level of service. 2. Construct right -turn lanes on the westbound, northbound, and southbound lanes, and an additional left -turn lane on the eastbound and westbound lanes at the Franklin Rd./Eagle Rd. intersection. These improvements are warranted in order for the intersection to operate at an acceptable level of service under existing conditions. 3. The Ada County Highway District should review the need for the extension of Machine Drive to Franklin Road. 4. The applicant and the Ada County Highway District should review the benefit of constructing the entrance to the mini warehouse (lot 3) to line up with Weatherby Drive. Sparrowhawk Subdivision Analysis Page 2 Background: The proposed Sparrowhawk subdivision lots encompass approximately 12 acres in the _. area just north of Franklin Road between N. Nola Rd. and the south end of Machine Drive. This subdivision is currently a rural residential lot within the City of Meridian. Figure 1 shows the site plan for the proposed project. A traffic analysis is needed for this site to determine the site potential impact upon the adjacent transportation system. Existing Conditions: The existing 12 -acre site is zoned as rural residential. There is one existing house on lot 1 and the rest is pasture. A small pond is located on lot 3. The daily traffic volumes for the build year (2003) for the abutting street segments are shown in Table 1. Using COMPASS'S planning threshold table, a level of service analysis was conducted on these street segments for the existing roadway conditions and the results are also shown in Table 1. From the table, it is observed that N. Nola Road is currently operating at Level of Service (LOS) C or better and Franklin Road is currently operating at capacity (LOS E). The implementation of a third lane is warranted in order for Franklin Rd. to operate under capacity under existing conditions. Table 1 Existing Roadway Traffic Volumes (2003 Build Year) Roadway Segment Daily Traffic Volume (1') Planning Threshold (2) ' Franklin Road W/o Eagle Rd 15,500 LOS E (Capacity) N. Nola Road N/o Franklin Rd 6,300 LOS C or better Note l: Source - Ada County Highway District Note 2: Ada County Roadway Capacity Guidelines for Planning Application. Source — Community Planning Association (2000) The segments of Franklin Road and N. Nola Road abutting the project site are two-lane facilities. The Franklin Road/N. Nola Road intersection is controlled by a traffic signal. Eagle Road is a five -lane facility and the Franklin Road/Eagle Road intersection is controlled by a traffic signal. Figure 2 shows the existing peak hour turning movement volumes for the aforementioned intersections. Turning movement counts were obtained from the Ada County Highway District staff. The depicted counts were increased by three percent per year to account for the background traffic growth through the 2003 build year and rounded to the nearest 25 vehicles per hour. Using Highway Capacity Software (HCS), a capacity analysis was conducted for both intersections and the results are summarized in Table 2. The analysis indicated that the Franklin Road/N. Nola Road intersection operates under capacity during the p.m. peak hour whereas the Franklin Road/Eagle Road intersection operates over capacity during the p.m. peak hour. The implementation of right -turn lanes on the westbound, northbound, and southbound lanes, Sparrowhawk Subdivision Analysis Page 3 .. and the implementation of an additional left -turn lane on the eastbound and westbound lanes are recommended in order to mitigate the over -capacity condition during the peak hour. -- Figure 1: Site Development Plan Sparrowhawk Subdivision Analysis Page 4 _ Machine Drive ._ r7 I Y Weatherby Drive E'_ N QR d x+'R v A z Y C t � Al r, ' `a r _ f p Nola Road Locust Grove Road Sparrowhawk Subdivision Analysis Page 4 if J 150 _ 200 425— — 500 Figure 2: Existing (2003 Build Year) Peak Hour Volumes N. Nola Road Eagle Road Table 2 50 175 IL 150 150 175 — — 275 150—, Ir-- 250 I 300 1700 175 Existing Traffic Operations Intersection Traffic Control Operational Performance Franklin Road / N. Nola Road Traffic Signal Under Capacity Franklin Road / Eagle Road Traffic Signal Over Capacity Proposed Project: The proposed project includes a 2,000 sq. ft. Convenience Market (with fuel sales), a 64,000 sq. ft. general office building, and a 64,000 sq. ft. Mini Warehouse (storage unit). These values are estimates only for the purpose of this traffic analysis. Table 3 illustrates the trip generation figures for this project. Figure 3 shows the site development plan with site -generated traffic volumes. Table 3 Trip Generation Summary Land Use Useable Area Daily Trip Peak Hour Number of Number of Peak Category (1000 Sq. Ft.) Rate" Trip Rate" Daily Trips Hour Trips Convenience Market 2 1172.43 96.37 585(2,340') 50(1 gob) w/ Fuel Sales General Office 64 11.01 1.49 700 100 Mini Warehouse (Storage Unit) 64 2.50 0.26 160 20 Project Total 1,445 170 msuLule 01 1 ransponation Engineers 1 np Ueneration Manual, 6"' Edition. 'number of total trips, 75% of the trips generated by the site are pass -by stops, not new trips. Sparrowhawk Subdivision Analysis Page 5 Existing Plus Project Conditions: The traffic volumes at both intersections for the build year (2003) with site generated ... traffic are shown in Figure 4. These volumes were developed by summing the existing traffic volumes with the traffic volumes generated from the site. The existing traffic volumes were increased by three percent per year to account for growth in the background traffic volumes. Build out of the proposed developments was assumed to occur in 2003. A traffic operational analysis was conducted using the projected traffic volumes for both of the intersections and the results are shown in Table 4. The analysis indicated that the Franklin Road/N. Nola Road intersection will continue to operate under capacity during -- the p.m. peak hour and that the Franklin Road/Eagle Road intersection will also continue to operate under capacity during the p.m. peak hour with the implementation of the recommended improvements that are warranted under the existing conditions. Sparrowhawk Subdivision Analysis Paee 6 0" P" P� p— Figure 3: Site Plan With Daily TrafficVolumes Machine-Drive d a" m o 'j c d Nn a� s O O J t r _ .8 i Nola Road _ . _ ...... Locust Grove Road Legend: X)M Total Volume (XX)DO Site Volume �I Weatherby Drive O Sparrowhawk Subdivision Analysis Page 7 Figure 4: Existing Plus Project Peak Hour Volumes N. Nola Road Eagle Road 535 Table 4 ;50 175 170 —I 1 150 195 — — 285 170 rF — 250 I 310 1700 175 Traffic Operation – Background +Site Traffic Build out of the Proposed Developments Intersection ° Traffic Control, Operational Performance Franklin Road / N. Nola Road Traffic Signal Under Capacity Franklin Road / Eagle Road Traffic Signal Under Capacity" *With the implementation of the recommended improvements that are warranted under existing conditions. Access/Drive Approaches: The traffic analysis indicated that the Ada County Highway District should review the need for the extension of Machine Drive to Franklin Road. The applicant and the Ada County Highway District should review the benefit of constructing the entrance to the mini warehouse (lot 3) to line up with Weatherby Drive. The N. Nola Road/Franklin Road intersection An examination of the ACHD Policy Manual (Figures 72-F4 & 72-F5) indicates that site driveways may be located as follows: a. Nola Road: One driveway may be located a minimum of 175 feet north of the intersection with Franklin Road. This spacing is for a full access driveway. b. Three driveways may be constructed on Franklin Road. i. The driveway closest to the intersection with N. Nola Road may be located a minimum of 440 feet from the intersection. This spacing is for a full access driveway. With the planned extension of Locust Sparrowhawk Subdivision Analysis Page 8 Grove Road to Franklin Road, it is anticipated that the Franklin Road/N. Nola Road intersection will change to a stop -controlled intersection. If and when this is the case, a minimum spacing of —' 220 feet from the intersection is adequate. ii. One full access driveway may be located aligned with or offset a minimum of 185 feet from Weatherby Drive. -' iii. The frill access site driveways may be located a minimum of 185 feet from each other or any other driveway. 2020 Planning Level Analysis: The projected daily traffic volumes (COMPASS' Model) for the abutting street segments for the year 2020 are shown in Table 5. Using COMPASS's planning threshold table, a level of service analysis was conducted on these street segments for the projected 2020 roadway conditions and the results are also shown in Table 5. From the table, it is observed that the traffic volume on N. Nola Road will actually be substantially less in 2020 than the existing traffic volume. This is due to the fact that Locust Grove Road is planned for an extension from Pine Ave to Franklin Road and this new route will shift a substantial amount of traffic off of N. Nola Road. As a result, N. Nola Road will continue to operate at Level of Service (LOS) C or better. The daily traffic volumes on Franklin Road are projected to continue to increase through the year 2020 and it is already currently operating at capacity (LOS E). The implementation of a third and fourth lane is warranted for 2020 in order for Franklin Rd. to operate under capacity. The implementation of a third lane is warranted in order for Franklin Rd. to operate under capacity under existing conditions. Table 5 2020 Roadway Traffic Volumes & Operational Performance Roadway Segment 2020 Daily Traffic Volume (1) Planning Threshold (2) Franklin Road W/o N. Nola Rd 19,400 LOS E (Capacity) Franklin Road E/o N. Nola Rd 19,500 LOS E (Capacity) N. Nola Road N/o Franklin Rd 2,700 LOS C or better Note 1: Source - Ada County Highway District Note 2: Ada County Roadway Capacity Guidelines for Planning Application. Source — Community Planning Association (2000) Conclusions and Recommendations: Conclusions: This brief letter report provides an overview of the traffic -related issues for the Sparrowhawk Subdivision located northeast of the intersection of Franklin Road and N. Nola Road in Meridian. The analysis has identified the following conclusions: Sparrowhawk Subdivision Analysis Page 9 1. The project site is proposed to include a 2,000 sq. ft. Convenience Market (with fuel sales), a 64,000 sq. ft. general office building, and a 64,000 sq. ft. Mini Warehouse (storage unit). 2. The convenience market (with fuel sales) on the site will generate 2,340 daily vehicle trips (585 new trips) or 190 vehicle trips (50 new trips) during the p.m. peak hour. Approximately 75% of the trips generated by the convenience market will be pass -by stops, not new trips. 3. The general office building on the site will generate 700 daily vehicle trips or 100 vehicle trips during the p.m. peak hour. 4. The mini warehouse (storage unit) on the site will generate 160 daily vehicle trips or 20 vehicle trips during the pm peak hour. 5. N. Nola Road and the intersection of Franklin Rd. and N. Nola Rd. operate at an acceptable level of service under existing conditions. However, current traffic counts show that Franklin Rd. is approaching capacity and it will operate at capacity in the year 2003 (the build year) withjust the background traffic. The intersection of Franklin Rd. and Eagle Rd. is also over capacity under existing conditions. a. N. Nola Rd. is operating at a LOS C or better (under capacity) under existing conditions. b. The intersection of Franklin Rd. and N. Nola Rd. is under capacity (v/c ratio = 0.71) under existing conditions. c. Franklin Rd. is operating at a LOS E/F (approaching capacity/at capacity) under existing conditions. The implementation of a third lane is warranted for Franklin Rd. to operate under capacity under existing conditions. d. The intersection of Franklin Rd. and Eagle Rd. is over capacity (v/c ratio = 1.18) under existing conditions during the p.m. peak hour. The implementation of right -turn lanes on the westbound, northbound, and southbound lanes, and the implementation of an additional left -turn lane on the eastbound and westbound lanes are recommended in order for the intersection to operate under capacity (V/c ratio = 0.94). 6. The build out of the proposed development will have the following affects: a. N. Nola Rd. will continue to operate at a LOS C or better and Franklin Rd. will operate at a LOS D or better under existing plus project conditions (with the implementation of a third lane warranted under existing conditions). b. The intersection of Franklin Rd. and N. Nola Rd. will continue to operate under capacity (v/c ratio = 0.76) under existing plus project conditions. c. The intersection of Franklin Rd. and Eagle Rd. will continue to operate _. under capacity (v/c ratio = 0.95) under existing plus project conditions with the implementation of the additional lanes that are warranted under existing conditions. 7. The Ada County Highway District should review the need for the extension of Machine Drive to Franklin Road. 8. The applicant and the Ada County Highway District should review the benefit of constructing the entrance to the mini warehouse (lot 3) to line up with Weatherby Drive. 9. An examination of the ACHD Policy Manual (Figures 72-174 & 72-175) indicates that site driveways may be located as follows: Sparrowhawk Subdivision Analysis Page 10 a. Nola Road: One driveway may be located a minimum of 175 feet north of the intersection with Franklin Road. This spacing is for a full access driveway. b. Three driveways may be constructed on Franklin Road. i. The driveway closest to the intersection with N. Nola Road may be located a minimum of 440 feet from the intersection. This spacing is for a full access driveway. With the planned extension of Locust Grove Road to Franklin Road, it is anticipated that the Franklin Road/N. Nola Road intersection will change to a stop -controlled intersection. If and when this is the case, a minimum spacing of 220 feet from the intersection is adequate. ii. One full access driveway may be located aligned with or offset a minimum of 185 feet from Weatherby Drive. iii. The full access site driveways may be located a minimum of 185 feet from each other or any other driveway. Recommendations: This transportation analysis has identified the following recommendations: 1. Construct a third lane on Franklin Rd. which is warranted under existing conditions in order for Franklin Road to operate under capacity. 2. Construct right -turn lanes on the westbound, northbound, and southbound lanes, and an additional left -turn lane on the eastbound and westbound lanes at the Franklin Rd./Eagle Rd. intersection which are warranted in order for the intersection to operate under capacity under existing conditions. 3. The Ada County Highway District should review the need for the extension of Machine Drive to Franklin Road. 4. The applicant and the Ada County Highway District should review the benefit of constructing the entrance to the mini warehouse (lot 3) to line up with Weatherby _ Drive. Sparrowhawk Subdivision Analysis Page 11 .. .. APPENDIX A CAPACITY ANALYSIS WORKSHEETS Sparrowhawk Subdivision Analysis Page 12 HCS: Signals Release 3.1 6Grk9tow,� -Tri /( CAI) Phone: Fax: —E -Mail: Intersection: Project No: —City/State: Time Period Analyzed: Analyst: Date: East/West Street Name: North/South Street Name Eastbound L T R Num. Lanes 11 1 0 Volume 1150 425 0 Parking N Coord. N —LT Treat. P Peak hour factor: 0.90 PLANNING ANALYSIS Franklin/Nola Boise, ID 2003 Joseph Tate 1/3/01 Franklin Nola VOLUME DATA Westbound L T R Northbound Southbound L T R L T R U 1 0 0 0 0 11 0 1 0 500 200 i 1125 N 100 N N 1 1P N P Area Type: All other areas LANE VOLUME WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND LEFT TURN MOVEMENT 1. LT volume 2. Opposing mainline volume 3. Number of exclusive LT lanes _ Cross Product [2] * [1] Left Lane Configuration (E=Excl, S=Shrd): Left Turn Treatment Type: 4. LT adjustment factor S. LT lane vol RIGHT TURN MOVEMENT Right Lane Configuration (E=Excl, S=Shrd) 6. RT volume 7. Exclusive lanes 150 0 700 425 1 0 105000 0 E S P P 0.950 158 0 S S 0 200 0 0 125 0 1 0 E P 0.950 132 E 100 1 .., 8. RT adjustment tactor 0.850 0.850 0.850 9. Exclusive RT lane volume 118 10. Shared lane vol 0 235 THROUGH MOVEMENT 11. Thru volume 425 500 0 12. Parking adjustment factor 1.00 1.00 1.00 13. No. of thru lanes including shared 1 1 0 14. Total approach volume 425 735 0 ., 15. Prop. of left turns in lane group 0.00 0.00 0.00 16. Left turn equivalence 17. LT adj. factor: 1.000 " 18. Through lane volume 425 735 0 19. Critical lane volume 425 735 118 —Left Turn Check (if [16] > 8) 20. Permitted left turn sneaker capacity: 7200/Cmax SIGNAL OPERATIONS WORKSHEET — EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND —Phase Plan Selection from Lane Volume worksheet Critical through-RT vol: [19] 425 735 118 _LT lane vol: [5] 158 0 132 Left turn protection: (P/U/N) P P P Dominant left turn: (Indicate by '<') Selection Criteria based on the Plan 1: U U U U specified left turn protection Plan 2a: U P U P '- Plan 2b: P U P U < Indicates the dominant left turn Plan 3a:<P P <P P for each opposing pair Plan 3b: P <P P <P — Plan 4: N N N N Phase plan selected (1 to 4) 2b 2a Min. cycle (Cmin) 100 Max. cycle (Cmax) 100 —Timing Plan EAST-WEST NORTH-SOUTH Value Ph 1 Ph 2 Ph 3 Ph 1 Ph 2 Ph 3 —Movement codes ETL EWT STL NST Critical phase vol [CV] 158 735 0 132 0 0 Critical sum [CS] 1025 CBD adjustment [CBD] 1.00 Reference sum [RS] 1539 Lost time/phase [PL] 4 4 0 4 4 0 Lost time/cycle [TL] 16 -'Cycle length [CYC] 100.0 Phase time 16.9 64.2 0.0 14.8 4.0 0.0 Critical v/c Ratio [Xcm] 0.71 _Status Under capacity HCS: Signals Release 3.1 200> - 9-Cky o�JAJ %r�f�,c Ong Phone: Fax: — E -Mail: Intersection: Project No: —City/State: Time Period Analyzed: Analyst: —Date: East/West Street Name: North/South Street Name Eastbound L T R Num. Lanes 11 1 1 _ Volume 1150 175 150 Parking 1 N Coord. 1 N — LT Treat. I P 435000 Peak hour factor: 0.90 PLANNING ANALYSIS Franklin/Eagle Boise, ID 2003 - P(7) Peek Hour Joseph Tate 1/3/01 Franklin Eagle VOLUME DATA Westbound L T R Northbound L T R Southbound L T R 11 1 0 11 2 0 11 2 0 1250 275 150 1300 1700 175 1175 1350 100 N 1 N 1 N N I N I N IP IP IP Area Type: All other areas _LANE VOLUME WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND LEFT TURN MOVEMENT — 1. LT volume 2. Opposing mainline volume 3. Number of exclusive LT lanes — Cross Product [2] * [l] Left Lane Configuration (E=Excl, S=Shrd): — Left Turn Treatment Type: 4. LT adjustment factor 5. LT lane vol RIGHT TURN MOVEMENT - Right Lane Configuration (E=Excl, S=Shrd) 6. RT volume 7. Exclusive lanes 150 250 300 175 425 325 1450 1875 1 1 1 1 63750 81250 435000 328125 E E E E P P P P 0.950 0.950 0.950 0.950 158 263 316 184 E S S S 150 150 175 100 1 0 0 0 8. RT adjustment tactor 9. Exclusive RT lane volume 10. Shared lane vol THROUGH MOVEMENT 11. Thru volume 12. Parking adjustment factor 13. No. of thru lanes including shared 14. Total approach volume 15. Prop. of left turns in lane group 16. Left turn equivalence 17. LT adj. factor: 18. Through lane volume 19. Critical lane volume —Left Turn Check ( i f [ 16 ] > 8 ) 20. Permitted left turn sneaker capacity: 7200/Cmax 0.850 0.850 0.850 0.850 176 176 206 118 175 275 1700 1350 1.00 1.00 1.00 1.00 1 1 2 2 175 451 1906 1468 0.00 0.00 0.00 0.00 175 451 953 734 176 451 953 734 SIGNAL OPERATIONS WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND Phase Plan Selection from Lane Volume Worksheet Critical through -RT vol: [19] 176 LT lane vol: [5] 158 -'Left turn protection: (P/U/N) P Dominant left turn: (Indicate by '<') Selection Criteria based on the specified left turn protection < Indicates the dominant left turn for each opposing pair Phase plan selected (1 to 4) Min. cycle (Cmin) 120 _Timing Plan Value Movement codes 1: U Critical phase vol [CV] 2a: U Critical sum [CS] 1746 CBD adjustment [CBD] 1.00 —Reference sum [RS] 1539 Lost time/phase [PL] 4: N Lost time/cycle [TL] 16 —Cycle length [CYC] 120.0 Phase time Critical v/c Ratio [Xcm] 1.18 Plan 1: U Plan 2a: U Plan 2b: P Plan 3a:<P Plan 3b: P Plan 4: N Max. cycle (Cmax) 120 EAST -WEST Ph 1 Ph 2 Ph 3 EWL WTL EWT 158 105 346 4 0 4 451 263 P U P U P <P N we 953 316 P U U P <P P N 734 184 P U P U P <P N 3a NORTH -SOUTH Ph 1 Ph 2 Ph 3 NSL NTL NST 184 132 821 4 0 4 13.4 6.3 24.6 15.0 7.9 52.9 .Status .. PM .. Over capacity HCS: Signals Release 3.1 _ X03 - PtoPused LnProVemell4l BF ck jtowo l TraFf,c 0,0 Phone: Fax: —E -Mail: PLANNING ANALYSIS Intersection: Franklin/Eagle Project No: —City/State: Boise, ID Time Period Analyzed: 2003 (Proposed Improvements) - P/71, %l�',4At Analyst: Joseph Tate —Date: 1/3/01 East/West Street Name: Franklin North/South Street Name: Eagle VOLUME DATA real LANE VOLUME WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND LLI' 1'UKN MOVEMENT — 1. LT volume 2. Opposing mainline volume 3. Number of exclusive LT lanes Cross Product [2] * [1] Left Lane Configuration (E=Excl, S=Shrd) Left Turn Treatment Type: 4. LT adjustment factor 5. LT lane vol RIGHT TURN MOVEMENT Right Lane Configuration (E=Excl, S=Shrd) 6. RT volume 7. Exclusive lanes 150 Eastbound Westbound Northbound Southbound _Num. Lanes Volume Parking Coord. "-LT Treat. Peak hour L T R 2 1 1 1150 175 150 1 N 1 N i P factor: 0.90 i L T R 20-1 1250 275 150 1 N 1 N 1 p Type: Area Ty e• All i L T R 11 2 _ 1300 1700 175 1 N 1 N 1 p other a 1 L T R l 2 1175 1350 100 N 1 N 1 P real LANE VOLUME WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND LLI' 1'UKN MOVEMENT — 1. LT volume 2. Opposing mainline volume 3. Number of exclusive LT lanes Cross Product [2] * [1] Left Lane Configuration (E=Excl, S=Shrd) Left Turn Treatment Type: 4. LT adjustment factor 5. LT lane vol RIGHT TURN MOVEMENT Right Lane Configuration (E=Excl, S=Shrd) 6. RT volume 7. Exclusive lanes 150 250 300 175 425 325 1450 1875 2 2 1 1 63750 81250 435000 328125 E E E E P P P P 0.920 0.920 0.950 0.950 82 136 316 184 E E E E 150 150 175 100 1 1 1 1 -� 8. RT adjustment tactor 9. Exclusive RT lane volume 10. Shared lane vol THROUGH MOVEMENT 11. Thru volume 12. Parking adjustment factor 13. No. of thru lanes including shared 14. Total approach volume 15. Prop. of left turns in lane group 16. Left turn equivalence 17. LT adj. factor: 18. Through lane volume 19. Critical lane volume —Left Turn Check (if [16] > 8) 20. Permitted left turn sneaker capacity: 7200/Cmax 0.850 0.850 0.850 0.850 176 176 206 118 175 275 1700 1350 1.00 1.00 1.00 1.00 1 1 2 2 175 275 1700 1350 0.00 0.00 0.00 0.00 175 275 850 675 176 275 850 675 SIGNAL OPERATIONS WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND —Phase Plan Selection from Lane Volume Worksheet Critical through -RT vol: [19] 176 275 850 675 _LT lane vol: [5] 82 136 316 184 Left turn protection: (P/U/N) P P P Dominant left turn: (Indicate by '<') P < < Selection Criteria based on the Plan 1: U U U U specified left turn protection Plan 2a: U P U p Plan 2b: P U P U < Indicates the dominant left turn Plan 3a:<P P <P p for each opposing pair Plan 3b: P <P P <p Plan 4: N N N N Phase plan selected (1 to 4) 3b 3a Min. cycle (Cmin) 120 Max. cycle (Cmax) 120 _Timing Plan EAST -WEST NORTH -SOUTH Value Ph 1 Ph 2 Ph 3 Ph 1 Ph 2 Ph 3 _Movement codes EWL WTL EWT NSL NTL NST Critical phase vol [CV] 82 54 221 184 132 718 Critical sum [CS] 1391 _CBD adjustment [CBD] 1.00 Reference sum [RS] 1539 Lost time/phase [PL] 4 0 4 4 Lost time/cycle [TL] 16 0 4 "Cycle length [CYC] 120.0 Phase time 10.1 4.0 20.5 17.8 9.9 57.7 Critical v/c Ratio [Xcm] 0.94 ..,Status P" .1 Near capacity HCS: Signals Release 3.1 Phone: "'E -Mail Fax: PLANNING ANALYSIS Intersection: Franklin/Nola Project No: —City/State: Boise, ID Time Period Analyzed: 2003 (Bk. Grd. + Site Traffic) Analyst: Joseph Tate —Date: 1/3/01 East/West Street Name: Franklin North/South Street Name: Nola Eastbound L T R Num. Lanes 11 1 0 _Volume 1155 440 0 Parking N Coord. I N —LT Treat. I P Peak hour factor: 0.90 VOLUME DATA Westbound L T R I Northbound L T R Southbound L T R U 1 U 10 0 0 11 0 1 0 535 215 i 130 105 N N P N I I N I I P Area Type: All other areas -LANE VOLUME WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND LEFT TURN MOVEMENT 1. LT volume 2. Opposing mainline volume 3. Number of exclusive LT lanes _ Cross Product [2] * [1] Left Lane Configuration (E=Exc1, S=Shrd): Left Turn Treatment Type: 4. LT adjustment factor S. LT lane vol RIGHT TURN MOVEMENT Right Lane Configuration (E=Excl, S=Shrd) 6. RT volume 7. Exclusive lanes 155 0 750 440 1 0 116250 0 E S P P 0.950 163 0 S S 0 215 0 0 130 0 1 0 E P 0.950 137 E 105 1 — 8. RT adjustment factor 9. Exclusive RT lane volume 0.850 0.850 0.850 10. Shared lane vol 124 0 253 THROUGH MOVEMENT 11. Thru volume — 12. Parking adjustment factor 440 1.00 535 1.00 0 13. No. of thru lanes including shared 1 1 1.00 14. Total approach volume 440 788 0 0 15. Prop. of left turns in lane group 0.00 0.00 0.00 16. Left turn equivalence 17. LT adj. factor: 1.000 — 18. Through lane volume 440 788 0 19. Critical lane volume 440 788 124 —Left Turn Check (if [16] > 8) 20. Permitted left turn sneaker capacity: 7200/Cmax SIGNAL OPERATIONS WORKSHEET — EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND — Phase Plan Selection from Lane Volume Worksheet Critical through -RT vol: [19] 440 788 124 _ LT lane vol: [5] 163 0 137 Left turn protection: (P/U/N) p p p Dominant left turn: (Indicate by <') Selection Criteria based on the Plan 1: U U U U specified left turn protection Plan 2a: U P U P Plan 2b: P U P U < Indicates the dominant left turn Plan 3a:<P P <P P for each opposing pair Plan 3b: P <P P <P Plan 4: N N N N Phase plan selected (1 to 4) 2b 2a Min. cycle (Cmin) 100 Max. cycle (Cmax) 100 — Timing Plan EAST -WEST NORTH -SOUTH Value Ph 1 Ph 2 Ph 3 Ph 1 Ph 2 Ph 3 Movement codes ETL EWT STL NST Critical phase vol [CV] 163 788 0 137 0 0 Critical sum [CS] 1088 _CBD adjustment [CBD] 1.00 Reference sum [RS] 1539 Lost time/phase [PL] 4 4 0 4 4 0 Lost time/cycle [TL] 16 —Cycle length [CYC] 100.0 Phase time 16.6 64.8 0.0 14.6 4.0 0.0 Critical v/c Ratio [Xcm] 0.76 _Status Under capacity HCS: Signals Release 3.1 X003-5�'fe T4ff�z Proposrd i!MpWe^?A41 Phone: Fax: —E -Mail. Intersection: Project No: City/State: Time Period Analyzed: Analyst: —Date: East/West Street Name: North/South Street Name Eastbound L T R Num. Lanes 12 1 1 ^Volume 1170 195 170 Parking N Coord. N '-'LT Treat. I P Peak hour factor: 0.90 PLANNING ANALYSIS Franklin/Eagle Boise, ID 2003 (Site Tr. + Prop. Imp.)-P,^fea�b, Joseph Tate 1/3/01 Franklin Eagle VOLUME DATA Westbound L T R 12 1 1 250 285 150 N N Northbound L T R 1 2 1 310 1700 175 N N Southbound L T R 1 2 1 175 1350 105 N N P I P I P Area Type: All other areas LANE VOLUME WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND LEFT TURN MOVEMENT 1. LT volume 2. Opposing mainline volume 3. Number of exclusive LT lanes _, Cross Product [2] * [1] Left Lane Configuration (E=Excl, S=Shrd): Left Turn Treatment Type: 4. LT adjustment factor 5. LT lane vol RIGHT TURN MOVEMENT Right Lane Configuration (E=Excl, S=Shrd) 6. RT volume 7. Exclusive lanes 170 250 310 175 435 365 1455 1875 2 2 1 1 73950 91250 451050 328125 E E E E P P P P 0.920 0.920 0.950 0.950 92 136 326 184 E E E E 170 150 175 105 1 1 1 1 8. RT adjustment factor 9. Exclusive RT lane volume 10. Shared lane vol THROUGH MOVEMENT 11. Thru volume 12. Parking adjustment factor 13. No. of thru lanes including shared 14. Total approach volume 15. Prop. of left turns in lane group 16. Left turn equivalence 17. LT adj. factor: 18. Through lane volume 19. Critical lane volume —Left Turn Check (if [16] > 8) 20. Permitted left turn sneaker capacity: 7200/Cmax 0.850 0.850 0.850 0.850 200 176 206 124 195 285 1700 1350 1.00 1.00 1.00 1.00 1 1 2 2 195 285 1700 1350 0.00 0.00 0.00 0.00 195 285 850 675 200 285 850 675 SIGNAL OPERATIONS WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND Phase Plan Selection from Lane Volume Worksheet Critical through -RT vol: [19] 200 LT lane vol: [5] 92 —Left turn protection: (P/U/N) p Dominant left turn: (Indicate by '<') Selection Criteria based on the specified left turn protection < Indicates the dominant left turn for each opposing pair Phase plan selected (1 to 4) Min. cycle (Cmin) 120 _Timing Plan Value codes 1: U _Movement Critical phase vol [CV] 2a: U Critical sum [CS] 1411 CBD adjustment [CBD] 1.00 "",Zeference sum [RS] 1539 Lost time/phase [PL] 4: N Lost time/cycle [TL] 16 "Cycle length [CYC] 120.0 Phase time Critical v/c Ratio [Xcm] 0.95 Plan 1: U Plan 2a: U Plan 2b: P Plan 3a:<P Plan 3b: P Plan 4: N Max. cycle (Cmax) 120 EAST -WEST Ph 1 Ph 2 Ph 3 EWL WTL EWT 92 44 241 4 0 4 285 136 P U P U P <P N f IR 850 326 P U U P <P P N 675 184 P U P U P <P N 3a NORTH -SOUTH Ph 1 Ph 2 Ph 3 NSL NTL NST 184 142 708 4 0 4 10.8 3.2 21.8 17.6 10.5 56.2 ..,Status ., At capacity Phone: —E -Mail Intersection: Project No: —City/State: Time Period Analyzed: Analyst: —Date: East/West Street Name: North/South Street Name Eastbound L T R Num. Lanes 12 —Volume 175 Parking Coord. —LT Treat. P Peak hour factor 1 1 200 175 N N HCS:n Signals Release 3.1 1 Cv�7 a,m,�24k�1Y, w/ P�oFbSeO �n��p�PmPn-�j Fax: PLANNING ANALYSIS Franklin/Eagle Boise, ID 2003 (Prop. Impr.-am pk. hr.) Joseph Tate 1/3/01 Franklin Eagle VOLUME DATA Westbound L T R 2 1 1 150 150 100 N N Northbound L T R 1 2 1 225 1300 250 N N Southbound L T R 1 2 1 200 1575 100 N N P I P P Area Type: All other areas _LANE VOLUME WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND LEFT TURN MOVEMENT — 1. LT volume 2. Opposing mainline volume 3. Number of exclusive LT lanes Cross Product [2] * [1] Left Lane Configuration (E=Excl, S=Shrd) — Left Turn Treatment Type: 4. LT adjustment factor 5. LT lane vol RIGHT TURN MOVEMENT Right Lane Configuration (E=Excl, S=Shrd) 6. RT volume 7. Exclusive lanes 75 150 225 200 250 375 1675 1550 2 2 1 1 18750 56250 376875 310000 E E E E P P P P 0.920 0.920 0.950 0.950 41 82 237 211 E E E E 175 100 250 100 1 1 1 1 8. RT adjustment factor 9. Exclusive RT lane volume 10. Shared lane vol THROUGH MOVEMENT 11. Thru volume 12. Parking adjustment factor 13. No. of thru lanes including shared 14. Total approach volume 15. Prop. of left turns in lane group 16. Left turn equivalence 17. LT adj. factor: 18. Through lane volume 19. Critical lane volume —Left Turn Check (if [16] > 8) 20. Permitted left turn sneaker capacity: 7200/Cmax 0.850 0.850 0.850 0.850 206 118 294 118 200 150 1300 1575 1.00 1.00 1.00 1.00 1 1 2 2 200 150 1300 1575 0.00 0.00 0.00 0.00 200 150 650 788 206 150 650 788 SIGNAL OPERATIONS WORKSHEET EAST WEST NORTH SOUTH BOUND BOUND BOUND BOUND —Phase Plan Selection from Lane Volume Worksheet Critical through -RT vol: [19] 206 LT lane vol: [5] 41 "-Left turn protection: (P/U/N) P Dominant left turn: (Indicate by '<') Selection Criteria based on the specified left turn protection < Indicates the dominant left turn for each opposing pair Phase plan selected (1 to 4) Min. cycle (Cmin) 120 Timing Plan Value codes 1: _Movement Critical phase vol [CV] Plan Critical sum [CS] 1313 CBD adjustment [CBD] 1.00 —Reference sum [RS] 1539 Lost time/phase [PL] Plan Lost time/cycle [TL] 16 —Cycle length [CYC] 120.0 Phase time Critical v/c Ratio [Xcm] 0.89 Plan 1: U Plan 2a: U Plan 2b: P Plan 3a:<P Plan 3b: P Plan 4: N Max. cycle (Cmax) 120 EAST -WEST Ph 1 Ph 2 Ph 3 EWL WTL EWT 41 41 206 4 0 4 150 82 P U P U P <P N w^ 650 237 P < U U P <P P N 788 211 P U P U P <P N 3a NORTH -SOUTH Ph 1 Ph 2 'Ph_3 NSL NTL NST 211 26 788 4 0 4 7.2 3.2 20.3 20.7 2.1 66.4 Status Near capacity kATY CLERK FILE CHECKLIST Project Name: Sparrowhawk Subdivision File No. AZ -00-024 Contact Name: Shawn Nickel Phone: 322-8992 Date Received from Planning and Zoning Department: Planning and Zoning Level: 0 El 0 Notes: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: Hearing Date: January 4, 2000 December 1, 2000 15 -Dec -01 and 29 -Dec -00 December 14, 2000 Planning and Zoning Commission Recommendation: M -K Approve ❑ Deny, City Council Level: © Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: ❑ City Council Action: Hearing Date: � � � D � n( a- r) i and i p L a -a 10l ❑ Approve ❑ Deny ❑ Findings / Conclusions /Order received from attorne on• Y Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: Resolutions: ." Original Res /Copy Cert: Minutebook Copy Res / Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / Original Cert: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Min nobook Copies to: City Clerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Codifiers City Attorney City Engineer City Planner _ Project file Applicant (if appl.) Findings / Orden: original Minutebook - Copies to: Appkcant Project file City Engineer City Planner City Attorney - Record Vacation Findings Recorded Devalo::ent Agreements: OriginatFireproof File Copies to:Appkcant Project file City Engineer City Planner City Attorney (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: November 30, 2000 File No.: AZ -00-024 December 26, 2000 Hearing Date: January 4, 2000 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By.- Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL CITY OF MERIDIAN (208) 288-2499 - Fax 2501 MEMBERS PUBLIC WORKSB Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: Transmittal Date: November 30, 2000 File No.: AZ -00-024 December 26, 2000 Hearing Date: January 4, 2000 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By.- Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 8874813 j?]ECr'rVE]) OCT 3 0 ZOO 4,24m CITY OF IN ERIDUN PLANNING & ZONING JEW PtZ' oo ".�2y APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Sparrowhawk Subdivision GENERAL LOCATION: NE corner N. Nola and E. Franklin Road TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): General Retail and Service Commercial ACRES OF LAND IN PROPOSED ANNEXATION: 20.20 PRESENT LAND USE: Residential/Open Ground PROPOSED LAND USE: Mixed Commercial/Office PRESENT ZONING DISTRICT: RT PROPOSED ZONING DISTRICT: C -G General/Retail and Service Commercial APPLICANT: Sitzlar Real Estate Development, LLC PHONE: 870-7171 ADDRESS: 1245 W. Hempstead Dr., Eagle, ID 83616 ENGINEER, SURVEYOR, OR PLANNER: Shawn L. Nickel PHONE: 322-8992 Hubble Engineering, Inc. ADDRESS: 701 S. Allen St., Suite 102, Meridian, ID 83642 OWNER(S) OF RECORD*: D. Arlene Stutzman PHONE: 888-1928 ADDRESS. 1184 Cathy Lane, Meridian, ID 83642 *Annexation may require entering into a development agreement as a condition of annexation C urrent owner must execute agreement and/or offer explanation of change in ownership and timing for same. APPLICATION FOR ANNEXATION AND REZONE OR ZONING Sparrowhawk Subdivision 1. Name, address and phone number of applicant: Sitzlar Real Estate Development LLC 1245 W. Hempstead Eagle, Idaho 83616 Telephone 939-5840 2. Name, address and phone number of title owner: D'Arlene Y. Stutzman 1184 Cathy Lane Meridian, Idaho 83642 Telephone 888-1928 3. Notarized request for zoning amendment: Attachment 4. Legal description: Attachment 5. Description of present land use: Residential/Open Ground 6. Description of proposed land use: Proposed Mixed Commercial/Office 7. Present zoning district and jurisdiction: RUT (Rural Urban Transition) Ada County 8. Proposed zoning district: C -G (General Retail and Service Commercial) 9. Statement describing characteristics of the property: Contained in cover letter accompanying application. JA\Projects\Sitzler Franklin Road(00-235-00)\Documents\ApplicationforAnnexRezoneorZoning.doe r. 10. Statement outlining the necessity or desirability of development and its harmony with adjacent property: Contained in cover letter accompanying application. 11. Statement how the proposed zoning relates to City of Meridian Comprehensive Plan: Contained in cover letter accompanying application. 12. One map (1 "=100') scale: Attachment 13. Thirty copies of vicinity map: Attachment 14. List of addresses of property owners within 300 feet: Attachment 15. Fee: Submitted with Application 16. Affidavit of posting notice for public hearing: Attachment IT Affidavit verifying Applicant's knowledge of contents: Attachment JAProjects\Sitzler Franklin Road(00-235-00)\Documents\ApplicationforAnnexRezoneorZoning.doc HUBBLE ENGINEERING, INC. 701 S. Allen St., Suite 102 a Meridian, ID 83642 208/322-8992 . Fax 208/378-0329 October 27, 2000 Meridian City Council City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 RE: Sparrowhawk Subdivision, Annexation, Zone Change and Preliminary Plat Dear City Council; Please accept our application for Sparrowhawk Subdivision, located at 1960 Franklin Road in Meridian, Idaho, on the northeast comer of Nola Road and Franklin Road, Section 27, Township 3 North, Range 1 East of the Boise -Meridian. The property contains 20.20 acres. Included in this request is an application for annexation from Ada County to the City of Meridian, a requested zone change from RT (Rural Transition) to C -G (General Retail and Service Commercial), and a preliminaryplat for a three (3) lot subdivision. Currently, the property contains a single-family dwelling and accessory structures, with the remainder of the property undeveloped. The requested zoning designation for this property is C -G (General Retail and Service Commercial). This zoning designation provides for a mix of uses ranging from retail commercial to office uses. These uses and the proposed zoning designation are compatible to existing zoning and uses in the immediate area and provide for an excellent buffer between the residential uses to the south of the site and the industrial uses located on its northern boundary. The Meridian Comprehensive Plan has designated this proposed area as Mixed -Use Development, with probable mixed uses consisting of commercial, medium to high density residential, light industrial, office, medical and related land uses. At the present time, the developer does not have specific uses for each of the three lots that are part of the preliminary plat. For this reason, a planned unit development is not part of this application. The developer understands the concern that the City has regarding rezoning property to commercial without an idea of what uses would eventually be requested. Therefore, the developer would like to work with Planning and Zoning and the City Council to come up with an agreement on how these lots will be developed in the future. The developer has agreed to have each of the three lots be subject to individual conditional use permits that will allow the City to review the site designs in regard to landscaping, parking, building elevations, etc. In addition, the developer is willing to regulate certain uses from being developed through the development agreement procedure. And finally, the developer is willing to place a time limit on development under the C -G zoning that, if not met, would revert the property back to its current zoning designation. In all, we feel that this development is a nice fit into the overall plan envisioned by the City of Meridian for this area. Our request meets the intent of the Meridian Comprehensive Plan for development in this area. Sewer and water are located adjacent to the site and will be provided to the development. The plat has been designed based on Ada County Highway District policy and the City of Meridian subdivision standards. We have included statements addressing traffic impact and seasonal ground water elevations as required in your application. We look forward to working with you and your staff and request approval of what we believe to be a quality project. If you have any questions, please do not hesitate to contact me at 322-8992. Sincerely, Shawn L. Nickel, Project Planner Hubble Engineering, Inc. AFFIDAVIT OF APPLICANT STATE OF IDAHO ) )ss. COUNTY OF ADA ) Ron Sitzlar and Kelly Fulfer, being first duly sworn upon oath, depose and state as follows: Ron Sitzlar and Kelly Fulfer are duly authorized members of Sitzlar Real Estate Development LLC, to act on behalf of the limited liability company. Sitzlar Real Estate Development LLC by its Application requests a zoning amendment and annexation of property located in the northeast quadrant of the intersection of Franklin Road and North Nola Road, Meridian, Idaho. Sitzlar Real Estate Development LLC is not the record owner of the subject property, but holds an exclusive option to purchase the property from the record owner. 2. Applicant understands the requirement for and commits to post notices on the property for public hearings that may be called to consider the application filed by Applicant. 3. Applicant has read the contents of the Application and according to the best information and knowledge of Applicant verifies that the contents and representations made therein are true and correct. Dated this ;2 7 day of , 2000. Ron Development LLC KA"` for Sitar Real Estate Development LLC Subscribed and sworn to before me a notary public in and for the State of Idaho. yet s Notary PWlic f . Residing at /jl,- C. - Commission Expires -,- JAProjects\Sitzler Franklin Road(00-235-00)\Documents\AffiofApplicant.doc rvuv-ID-�-eee 11:45 HUBBLE ENGINEERING r�7r t •7 �`lX . E)9: tap 208 378 0329 P.02/03 RUBBLE ErIG INEEF mr, -- 20E 378 @329 P-02/02 AFFMAVIT OF OWNKx .i STATE OF IDARO ) !9 COUNTY OF AICA ) L as the titled owner of record, Dee R, Lynn, authorize Ron Sitzlar and Kelly Fulfer as duly authorized members of Simlar Real Earwe Development LLC, to regtueat Aanexapoo and zoning amendment, a planned use development permit and to request Approval for a preliminary and/or final plat on fay 19+ acre parcel(s) on the northeast corner of N. Nota and E. Franklin Rd. is Meridian, TD. The metes and bounds legal descrip(on for the above pareel(s) is a part of this application packet for Spamwhawk 4i1hA; 4e nn Lynn Dated /) / I� f O r� Subscribed and sworn to before mo it notary public in and for the State of Idaho, I%Ph )n•kLILUI rm"'WrlfOm9fldp„Deoam.npkrPlOAV:f$)VOWWN.4. Notary Public RCJiding At r�6�1/fI� CommissionExpire,i/O 707;::a- P _ Cc � n N. N LA ROAD b Z � D 7C r o � b 0 n `y D m � J L (1J O 0 v) HUBBLE ENGINEERING, INC. Cc 701 S. Allen St., Suite 102 . Meridian, ID 83642 qS• Sv� Project No. 0023500 DESCRIPTION FOR SITZLAR PROPERTY 208/322-8992 a Fax 208/378-0329 October 27, 2000 A parcel of land located in the S1/2 of Section 8, T. 3N., R.1 E., B. M., Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 8 from which the S1/4 corner of said Section 8 bears North 89°37'00" East, 2645.88 feet; thence along the South boundary line of said Section 8 North 89°37'00" East, 661.20 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary line North 00`01'53" East, 284.11 feet; thence North 89°37'18" East, 331.00 feet; thence North 00°01'53" East 198.90 feet to a point on the South boundary line of Locust Grove Industrial Park Subdivision as filed in Book 41 of Plats at Page 3391, records of Ada County, Idaho; thence along said South boundary line North 89°37'18" East, 1653.46 feet to the southeast corner of said Locust Grove Industrial Park Subdivision; feet; thence along the North-South centerline of said Section 8 South 00°00'17" West, 355.83 thence leaving said North-South centerline South 89°37'00" West, 100.00 feet; thence South 00°00'17' West, 127.00 feet to a point on the South boundary line of said Section 8; thence along said South boundary line South 89°37'00" West, 1884.69 feet to the Real Point of Beginning, containing 20.20 acres, more or less. �+�11 IN � III (};;_RH)IAN PUBLIC WORKS Pt__' I. Prepared by: NUBBLE ENGINEJEFING, INC. 1% IZf bo�a �rFofV�D RYG.Ca J/S itz la r/GGC/vw/S itz la rP ro p Gregory G. Carter, P.L.S. Sent By: ; 208 888 6854; Oct -11-00 9:14AM; Page 2 R CO M RGIAL RANKLIN RD. PROPERTYQWklPb< WITHIN 300' BERRY ARTHUR TAMURA DOUGLAS W 960 $ROADWAY AVE STE 450 BODE ID :83706-3671 1620 FRANKLIN RD RECOOD CLAYTON & RECORD SUSAN 1854 LANARK ST MERIpIAN ID 83642-0000 ANDEI 50N RICHARD A FMLY PRTNER 2120 (ANARK 5T MERIgIAN ID 83642-5916 E LANARK ST 2102 LANARK ST GOADS JOHN D GOADS SANDRA J 5855 BECKY DR MERIDIAN ID 83642-5364 2160 E'LANARK ST AIMONE o JAMES L AIMONETTO CAROLYN M 137 1+WiNDSOR DR SE REDMOND WA 98053-0000 E LANARK ST JOINTSCHOOL DIST #2 911 N MERIDIAN Rb MERIDIAN ID 83642-2241 2250 E LANARK ST JOINT 45CHOOL DIST #2 2540 E FRANKLIN RD MERIDIAN ID 83642-5910 2311 E LANARK ST MERIDIAN CITY 33 E IDAHO AVE MERIDIAN ID 83642-2631 E LANARK ST COPE GERALD V & COPE JUDITH R PO BOX 346 MERIDIAN ID 83680-0346 1855 E LANARK ST BAGLEY FRED R & BETTY L BBz INC 7225 BETHEL ST 8015E ID 83704-0000 1901 E LANARK ST &AGE GUY E & GAGE JANICE M 1957 LANARK ST MERIDIAN ID 83642-5917 CAMPBELL CLAIRE D PO BOX 1390 CALDWELL ID 83606-0000 2103 E LANARK ST ELSTON MILO O 2161 LANARK ST MERIDIAN ID 83642-5917 2205 E LANARK ST RIDGEWAY WILLIAM C AND RIDGEWAY SHIPLEY B 2251 LANARK ST MERIDIAN ID 83642-5917 STUTZMAN D'ARLENE Y 1154 CATHY LN MERIDIAN ID 83642-2368 1960 E FRANKLIN RD Sent BY: ; ANDERSON JOHN P & ANDERSON DOROTHY J 120 N NOLA RD MERIDIAN ID 83642-5922. HANK BARBARA C 1770 E FOREST CT PARK EAGLE ID 83616-0000 2390 E FRANKLIN RD DOUBLE JAYCEE PROPERTIES LLC 4192 W PLUMROSE ST MERIDIAN ID 83642-0000 . 190 5 LOCUST GROVE RD CULLIP RODNEY L CULLip SHIPLEY A 1821 E,'FRANKLIN RD MERIDIAN ID 83642-5907 1819 E FRANKLIN RD BURR ,ARNOLD 1885 E' FRANKLIN RD MERIDIAN ID 83642-5907 OSBORNE RONALD LEE OSBORNE CARLA R 373 THORNWOOD DR MERIDIAN ID 83642-6223 E FRANKLIN RD GRATIOT RICHARD F GRATIOT LOUISE E 1975 E FRANKLIN RD MERIDIAN ID 83642-5907 ROBERt SEARLE V 4 ROBERt PATRICIA K 2031 E FRANKLIN RD MERIDIAN ID 83642-5900 DAHNE REGINA 2075 E t RANKLIN RD MERIDI4N ID 83642-5900 208 888 6854; Oct -11.00 9:14AM; GUTCHER NORMAN KEITH GUTCHER BETTE J 2119 FRANKLIN MERIDIAN ID 83642-0000 CAMPBELL CHERYL SIMPSON TRACY A 2155 E FRANKLIN RD MERIDIAN ID 83642-5900 O' HARA CHARLES E & O'HARA PATRICIA A 51 5 WEATHERBY DR MERIDIAN ID 83642-6269 BROWN PAUL M 30 S WEATHERBY DR MERIDIAN ID 83642-0000 JOHNSON KEN L h JOHNSON CYNTHIA D 2307 E FRANKLIN RD MERIDIAN ID 83642-5909 BOSTROM LONNIE L A BOSTROM CATHY L 2355 E FRANKLIN RD MERIDIAN ID 83642-5909 E FRANKLIN RD KALLENBERGER TANYA A KALLENBERGER LEE 2459 E FRANKLIN RD MERIDIAN ID 83642-5909 Page 314 N (-6� N 3Cc t� - Phone: ;OLD BY L.ASf'� C.O.D. CHARGE ON ACCT. D OLPA �6 n EA I I VI 1 � — U' m po N p I co I c I � U � � J J � z Z N LLJ . 2a. i I G I I Wow N LLI I Dam Ul C) 0LLj H C J w�Q w Jw C W3: c cc T N IN �w d IN F Fn r c¢ O `, I I All claims and returned goods MUST be accompanied by this bill. S ru (jk ru E .a .a € 0'I Irm .J 0 01 rry o d� 0 ;0 O 0 app ?= 0 9 fs1 'O •_ ru .0 w .,3 rrl d rM d 0 r. ru ti CITY OF MERIDIAN "Hub of Treasure Valley, 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer's Order No. Date Name Address 3Cc t� Phone: ;OLD BY L.ASf'� C.O.D. CHARGE ON ACCT. D OLPA MDSE. RE TD. PAID OUT I ©Q I I ^ \ \lam♦ � I co I I i I I I I I I All claims and returned goods MUST be accompanied by this bill. TAX 0 012 39 1 BYceived TOTALJ \ �o} GS -202-2 PRINTED PNINTEO WITH PRIIN U.S.A. .r velo ment Agreement in effect for the Sparrowhaws ubdiviawk Per the 01), all structures within p d CUP (Instrument p nt No• 1011359roval prior to submittal Subdivisions 1 & 2 are subject to detaile fiance. However, Sparrowhawk, LLC, for a Certificate of Zoning Comp submitted application for Development Agreement Modificationtohave the aforementioned provision removed from the DA on February thin Certificates of Zoning Compliance should not be issued for structures t ewit is Sparrowhawk Nos. 1 & 2 until either the etailed eve1CUP approval through opmentmodified to eliminate the requirement for City Council OR individual detailed CUPs are granted through the planning & Zoning Commission. aeco V#&- INC. i February 28,2002 City of Meridian REINFORCING STEEL Planning and Zoning Commission 200 East Carlton Ave. Suite 201 Meridian, Idaho 83642 RE: Proposed Sparrowhawk Subdivision Dear Members of the Commission: IDAHO LICENSE NO. 11715 -AAA -4(30.40) NEVADA LICENSE NO. 0029396 OREGON LICENSE NO. 069053 RECEIVED FEB 2 8 2002 City Of Meridian City Clerk Office As owner of two acres, located at 2161 Lanark, I am concerned about the rezoning and Development of 20.20 acres for the proposed Sparrowhawk Subdivision. For the last 12 years my property has been leased by ABCO, INC., which fabricates reinforcing steel and light manufacturing. I purchased this property for the sole purpose of leasing to ABCO, INC. with the understanding that the surrounding property was commercially zoned. My concern is that the noise generated by cranes, equipment and traffic may affect the new occupants of the subdivision. There are several businesses on this street and immediate area that have the potential of annoying noise and activity to a residential subdivision. A second area of concern is the value of the commercial property. Commercial property with residential property in the close proximity has a restricted market. The potential of traffic and noise complaint with subsequent ordinances and restrictions is a big concern to the property owners that have invested many years and dollars in property and businesses. When investing in property, whether it is commercial or residential, the property owner should be able to depend on zoning protecting their rights. The commercial property purchased in this area was purchased with the understanding that because of the specific zoning of the surrounding area it would not be affected by the business activities associated with commercial use. Thank you for your consideration. Sincerely, Milo O. Elston cc: file MEMBER WM " 2161 LANARK STREET ©� MERIDIAN, IDAHO 83642 qW f� , y PH: (208) 888-0039 • FAX: (208) 888-1188 ,-� RECORDED - r—ZUES' Cr �• ._. ,v, � .., � - .. J "� i �� 1. � �. I y --- __ Lv.i JL 24 MERIDIAN CITY DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. D. Arlene Stutzman, Owner 3. Sitzlar Real Estate Development, LLC, Developer THIS DEVELOPMENT AGRE MENT (this "Agreement"), is made and entered into this day of O , , 2001, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and D. ARLENE STUTZNL N hereinafter called — "OWNER", whose address is 1184 Cathy Lane, Meridian, Idaho 83642, and SITZLAR REAL ESTATE DEVELOPMENT, LLC, hereinafter called "DEVELOPER", whose address is 1245 W. Hempstead Dr., Eagle, Idaho 83616. 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. §67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner"/"Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of DEVELOPMENT AGREEMENT (AZ -00-024) - 1 (C -G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner'?"Developer" made representations at the public hearings both before the Meridian Planning & Zoning 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 20e day of 1 ?&014L has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "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" and "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 DEVELOPMENT AGREEMENT (AZ -00-024) - 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 Sitzlar Real Estate Development, LLC, whose address is 1245 W. Hempstead Dr., Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "OWNER": means and refers to D. Arlene Stutzman, whose address is 1184 Cathy Lane, Meridian, Idaho 83642, the party owning said "Property" described in DEVELOPMENT AGREEMENT (AZ -00-024) - 3 Exhibit "A", and shall include any subsequent owner(s) of said "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) which are herein specified as follows: (C -G) General Retail and Service Commercial District: The purpose of the C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. Construction and development of a 3 -lot commercial subdivision. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. DEVELOPMENT IN CONDITIONAL USE: "Owner'?"Developer" is required to submit to "City" an application for DEVELOPMENT AGREEMENT (AZ -00-024) - 4 conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning Sz Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner"/" Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 6.1 The development and use of each lot in this subdivision will occur only through the Conditional Use Permit process. 6.2 Due to the single-family use abutting Lot 1, Block 1, a minimum 25 -foot -wide planting strip, in accordance with City Ordinance 12-13, is required along the property lines abutting the residential lot and shall be a condition attached to this property. 6.3 A minimum 10 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the existing right-of-way line along the full North Nola Road frontage. 6.4 A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Franklin Road frontage. 6.5 A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Franklin Road frontage. DEVELOPMENT AGREEMENT (AZ -00-024) - 5 6.6 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 and 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. 6.7 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells - may be used for non-domestic purposes such as landscape irrigation. 6.8 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6.9 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. 6.10 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 6.11 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 6.12 All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 (or subsequently adopted ordinance) of the City of Meridian Zoning and Development Ordinance. No DEVELOPMENT AGREEMENT (AZ -00-024) - 6 temporary signage, flags, banners or flashing signs will be permitted. 6.13 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 6.14 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.15 The Applicant is aware that strip commercial development is prohibited, and therefore, Applicant shall be required to_ inform prospective buyers of the lots that clustered, off -set setbacks and creative design shall be encouraged and development representing any form of strip development is not allowed. Adopt the Recommendations of the Ada County Highway District dated February 6, 2001, and upon the completion of their review adopt any additional Recommendations in ACHD action to follow on or about February 28, 2001. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner"/" Developer" or "Owner"/"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner"/" Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: DEVELOPMENT AGREEMENT (AZ -00-024) - 7 8.1 That the "City" provide written notice of any failure to comply with this Agreement to " Owner"/"Developer" and if the "Owner"/"Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner"/"Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner"/" Developer", "Owner"/" Developer "'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner"/"Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner"/"Developer"'s cost, and submit proof of such recording to "Owner"/"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of DEVELOPMENT AGREEMENT (AZ -00-024) - 8 the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner"/"Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to _ secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner"/"Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner"/" Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ -00-024) - 9 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner"/"Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner"/"Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be _ issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner"/" Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. DEVELOPMENT AGREEMENT (AZ -00-024) - 10 DEVELOPER: Sitzlar Real Estate Development, LLC 1245 W. Hempstead Dr. Eagle, Idaho 83616 OWNER: D. Arlene Stutzman 1184 Cathy Lane Meridian, Idaho 83642 Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between_ the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner"/" Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner"/"Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be DEVELOPMENT AGREEMENT (AZ -00-024) - 11 deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner"/" Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner "/"Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their _ successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23• EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-024) - 12 ACI(NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. SITZLA.R REAL ESTATE DEVELOPMENT, LLC 1)2 ^-L Ron Sitzlar, em er _ I(elly ulfer, MLGber CITY OF MERIDIAN C' Attest: CITY CLERK71. R ROBERT D. CORRIE DEVELOPMENT AGREEMENT (AZ -00-024) - 13 STATE OF IDAHO) :ss COUNTY OF ADA) On this /3 ,da f no vem �� , in the year 2001, before me, a Notary Public, personally appeared Ron Sitz , kn6Wn or identified to me to be an authorized member of Sitzlar Real Estate Development, LLC, to act on behalf of the limited liability company, the person who executed the instrument, and acknowledged to me that sheexecuted the same on behalf of Sitzlar Real Estate Development, LLC. OTA SEAL, ry Nota blic for Idaho ' UQ Commission expires: $ -.7 3 -,10o z Or ,0 STATE OF IDAHO) :ss COUNTY OF ADA) On hts—)3 day of en -i be r- , in the year 2 00 1, before me, a Notary Public, personally appeared I elly Fulferr known or identified to me to be an authorized member of Sitzlar Real Estate Development, LLC, to act on behalf of the limited liability company, the person who executed the instrument, and acknowledged to me that she(he) executed the same on behalf of Sitzlar Real Estate Development, LLC. L DEVELOPMENT AGREEMENT (AZ -00-024) - 14 Notary P lic for Idaho Commission expires: -a3 Booz STATE OF IDAHO ) :ss County of Ada ) On this .90 day of /lido ern 6ey , in the year 2001, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City uutes% i executed the saB L. - #oTA*k (SEAL) _ * sL1G N C1 7 p8 OF � Public for Idaho ission expires: y/2%7 Z:\work\M\Meridian\Meridian 15360WSparrowhawk\DevelopAgr.wpd DEVELOPMENT AGREEMENT (AZ -00-024) - 15 EXHIBIT A Legal Description Of Property A parcel of land located in the S1/2 of Section 8, T.3N., R.IE., B.M., Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 8 from which the S1/4 corner of said Section 8 bears North 89°37'00" East, 2645.88 feet; thence along the South boundary line of said Section 8 North — 89°37'00" East, 661.20 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary line North 00°01'53" East, 2 84. 11 feet; thence North 89°37'18" East, 331.00 feet; thence North 00°01'53" East 198.00 feet to a point on the South boundary line of Locust Grove Industrial Park Subdivision as filed in Book 41 of Plats at Page 3391, records of Ada County, Idaho; thence along said South boundary line North 89°37'18" East, 1653.46 feet to the southeast corner of said Locust Grove Industrial Park Subdivision; thence along the North-South centerline of said Section 8 South 00°00'17" West, 355.83 feet; thence leaving said North-South centerline South 89037'00" West, 100.00 feet; thence South 00000'17" West, 12 7. 00 feet to a point on the South boundary line of said Section 8; thence along said South boundary line South 89037100" West, 1884.69 feet to the Real Point of Beginning, containing 20.20 acres, more or less. DEVELOPMENT AGREEMENT (AZ -00-024) - 16 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ -00-024) - 17 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SITZLAR REAL ESTATE DEVELOPMENT, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 20.20 ACRES FOR A DEVELOPMENT OF A 3 -LOT COMMERCIAL SUBDIVISION TO BE KNOWN AS SPARROWHAWK SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF NOLA ROAD AND FRANKLIN ROAD, MERIDIAN, IDAHO CIC 02-06-01 Case No. AZ -00-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION _ FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 6, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Shawn Nickel, and appearing and testifying with comments and/or concerns was John Anderson, and the City Council having duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 6, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 6, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 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 ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) 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 of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 20.20 acres in size and is located at the northeast corner of Nola Road and Franklin Road. The property is designated as Sparrowhawk Subdivision. 6. The owner of record of the subject property is D. Arlene Stutzman, of Meridian, Idaho. 7. Applicant is Sitzlar Real Estate Development LLC., of Eagle, Idaho. 8. The property is presently zoned by Ada County as RT, and consists of residential and open ground. 9. The Applicant requests the property be zoned as C -G. 10. The subject property is bordered to the north by Locust Grove Industrial Park, by Greenhill Estates Subdivision in Ada County to the south, a Meridian school site to the east, a single family residence to the northwest, and city FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) Adopt the Recommendations of the Planning and Zoning and Engineering staff can, limits of the City of Meridian are adjacent and abut to the north and east 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 is included within the Meridian Urban Service Planning Area. 13. The Applicant proposes to develop the subject property in the following manner: develop a 3 -lot commercial subdivision. 14. The Applicant requests zoning of the subject real property as C -G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The City Council appreciates and recognizes the concerns of Milo O. Elston who submitted a letter on January 3, 2001. 17. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION Page 4 17.9 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 17.10 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 1 I -13-4.C. and 12-5-2.M. 17.11 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 17.12 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 17.13 All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 (or subsequently adopted ordinance) of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 17.14 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-21C 17.15 All construction shall conform to the requirements of the Americans with Disabilities Act. 17.16 The Applicant is aware that strip commercial development is prohibited, and therefore, Applicant shall be required to inform prospective buyers of the lots that clustered, off -set setbacks and creative design shall be encouraged and development representing any form of strip development is not allowed. Adopt the Recommendations of the Ada County Highway District dated February 6, 2001, and upon the completion of their review adopt any additional Recommendations in ACHD action to follow on or about February FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAW ( SUB. / (AZ -00-024) 28, 2001. 18. 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. 17, 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. 17 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 General Retail and Service Commercial District (C -G) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) property as Mixed/Planned Use Development. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) .-. Plan and the zoning ordinance of the City to the subject application. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00=024) Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 17.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 17.2 A condition of the Development Agreement shall be that development and use of each lot in this subdivision will occur only through the Conditional Use Permit process. 17.3 Due to the single-family use abutting Lot 1, Blocic 1, a minimum 25 - foot -wide planting strip, in accordance with City Ordinance 12-13, is required along the property lines abutting the residential lot and shall be a condition attached to this property in the Development Agreement. 17.4 A minimum 10 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the existing right-of-way line along the full North Nola Road frontage. 17.5 A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Franklin Road frontage. 17.6 A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Franklin Road frontage. 17.7 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 and 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. 17.8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) 4.B The Goals and Polices of the Comprehensive Plan that most directly apply to the proposed project are as follows: Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self- sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Goal S is "to establish compatible and efficient use of land through the use of innovative and functional site design." Goal 9 is "to encourage a balance of land use patterns to insure that revenues pay for services." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages ... commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan, Land Use 1.10U Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) should conform to disposal, spill and storage measures as outlined by the U.S. EPA. 4.3U Encourage new commercial development in under- utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14 Because these areas are near I-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. Natural Resource & Hazardous Areas 2.1 U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U Manage and prevent unsuitable uses along drainageways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) Community Design 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2. I U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. ..etc. S. The zoning of General Retail and Service Commercial District (C -G) is - defined in the Zoning Ordinance at § I 1-7-2 K as follows: JC -G) General Retail and Service Commercial District: The purpose of the C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 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 3 -lot commercial subdivision. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) 4 1 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 pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) I. The applicant's request for annexation and zoning of approximately 20.20 acres to General Retail and Service Commercial District (C -G) for the development of a 3 -lot commercial subdivision is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 20.20 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.2 A condition of the Development Agreement shall be that development and use of each lot in this subdivision will occur only through the Conditional Use Permit process. 3.3 Due to the single-family use abutting Lot 1, Block 1, a minimum 25 - foot -wide planting strip, in accordance with City Ordinance 12-13, is required along the property lines abutting the residential lot and shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) a condition attached to this property in the Development Agreement. 3.4 A minimum 10 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the existing right-of-way line along the full North Nola Road frontage. 3.5 A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Franklin Road frontage. 3.6 A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Franklin Road frontage. 3.7 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 and 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. 3.8 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. 3.9 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.10 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. 3.11 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.12 A drainage plan designed by a State of Idaho Iicensed architect or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHA.WIE SUB. / (AZ -00-024) engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on- site. 3.13 All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 (or subsequently adopted ordinance) of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 3.14 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 3.15 All construction shall conform to the requirements .of the Americans with Disabilities Act. 3.16 The Applicant is aware that strip commercial development is prohibited, and therefore, Applicant shall be required to inform prospective buyers of the lots that clustered, off -set setbacks and creative design shall be encouraged and development representing any form of strip development is not allowed. Adopt the Recommendations of the Ada County Highway District dated February 6, 2001, and upon the completion of their review adopt any additional Recommendations in ACHD action to follow on or about February 28, 2001. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -G) General Retail and Service Commercial District, and Meridian City Code § 11-7-2 IC 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. 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 'Zo I,%- day of F -e 6�'- , 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPA.RROWHAWI,( SUB. / (AZ -00-024) VOTED_�� VOTED_4A-- VOTED*A— VOTED R— Page 18 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: MOTION: APPROVED. ZAPPROVED: VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: ` City Clerk Dated: , —20-e�/ ros9/ZAW0rkNWeridianWeridian 15360M\Sparrowhawk\AZFtLIsOrder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) Page 19 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 E NICHOLS* *ALSO ADMITTED IN OR "ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street 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 February 14, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE Re: D. Arlene Stutzman, Owner and Sitzlar Real Estate Development, LLC, Developer / AZ -00-024 ANNEXATION AND ZONING ORDINANCE (C -G) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for Sparrowhawk Subdivision, D. Arlene Stutzman, owner and Sitzlar Real Estate Development, LLC, developer. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the planned unit development process and conditional use permit process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. Very truly yours, Wm. F. Nichols Enc. msg\Z:\Work\M\Meridian\Meridian 15360M\Sparrowhawk\C1erk on Ord .Ltr FILE COPY BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SITZLAR REAL ESTATE DEVELOPMENT, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 20.20 ACRES FOR A DEVELOPMENT OF A 3 -LOT COMMERCIAL SUBDIVISION TO BE KNOWN AS SPARROWHAWK SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF NOLA ROAD AND FRANKLIN ROAD, MERIDIAN, IDAHO C/C 02-06-01 Case No. AZ -00-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 6, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Shawn Nickel, and appearing and testifying with comments and/or concerns was John Anderson, and the City Council having duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) l evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 6, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 6, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL, ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) 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 of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 20.20 acres in size and is located at the northeast corner of Nola Road and Franklin Road. The property is designated as Sparrowhawk Subdivision. 6. The owner of record of the subject property is D. Arlene Stutzman, of Meridian, Idaho. 7. Applicant is Sitzlar Real Estate Development LLC., of Eagle, Idaho. 8. The property is presently zoned by Ada County as RT, and consists of residential and open ground. 9. The Applicant requests the property be zoned as C -G. 10. The subject property is bordered to the north by Locust Grove Industrial Park, by Greenhill Estates Subdivision in Ada County to the south, a Meridian school site to the east, a single family residence to the northwest, and city FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) r-%, limits of the City of Meridian are adjacent and abut to the north and east 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 is included within the Meridian Urban Service Planning Area. 13. The Applicant proposes to develop the subject property in the following manner: develop a 3 -lot commercial subdivision. 14. The Applicant requests zoning of the subject real property as C -G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The City Council appreciates and recognizes the concerns of Milo O. Elston who submitted a letter on January 3, 2001. 17. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 17.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 17.2 A condition of the Development Agreement shall be that development and use of each lot in this subdivision will occur only through the Conditional Use Permit process. 17.3 Due to the single-family use abutting Lot 1, Block 1, a minimum 25 - foot -wide planting strip, in accordance with City Ordinance 12-13, is required along the property lines abutting the residential lot and shall be a condition attached to this property in the Development Agreement. 17.4 A minimum 10 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the existing right-of-way line along the full North Nola Road frontage. 17.5 A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Franklin Road frontage. 17.6 A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Franklin Road frontage. 17.7 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 and 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. 17.8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) 17.9 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 17.10 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. 17.11 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 17.12 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 17.13 All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 (or subsequently adopted ordinance) of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 17.14 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 17.15 All construction shall conform to the requirements of the Americans with Disabilities Act. 17.16 The Applicant is aware that strip commercial development is prohibited, and therefore, Applicant shall be required to inform prospective buyers of the lots that clustered, off -set setbacks and creative design shall be encouraged and development representing any form of strip development is not allowed. Adopt the Recommendations of the Ada County Highway District dated February 6, 2001, and upon the completion of their review adopt any additional Recommendations in ACHD action to follow on or about February FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) 28, 2001. 18. 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. 17, 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. 17 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 General Retail and Service Commercial District (C -G) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) property as Mixed/Planned Use Development. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI< SUB. / (AZ -00-024) Plan and the zoning ordinance of the City to the subject application. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) r1 programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) 1 -*-1 ,.%� 4.13 The Goals and Polices of the Comprehensive Plan that most directly apply to the proposed project are as follows: Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self- sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." Goal 9 is "to encourage a balance of land use patterns to insure that revenues pay for services." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages ... commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. Land Use 1.10U Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) should conform to disposal, spill and storage measures as outlined by the U.S. EPA. 4.3U Encourage new commercial development in under- utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14 Because these areas are near I-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. Natural Resource &_ Hazardous Areas 2.1U Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.1 U Manage and prevent unsuitable uses along drainageways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) Community Design 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. ..etc. 5. The zoning of General Retail and Service Commercial District (C -G) is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C -G) General Retail and Service Commercial District: The purpose of the C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 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 3 -lot commercial subdivision. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) City of Idaho Falls, 105 Idaho 65, 665 Ptd 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 pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) I . The applicant's request for annexation and zoning of approximately 20.20 acres to General Retail and Service Commercial District (C -G) for the development of a 3 -lot commercial subdivision is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 20.20 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.2 A condition of the Development Agreement shall be that development and use of each lot in this subdivision will occur only through the Conditional Use Permit process. 3.3 Due to the single-family use abutting Lot 1, Block 1, a minimum 25 - foot -wide planting strip, in accordance with City Ordinance 12-13, is required along the property lines abutting the residential lot and shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) a condition attached to this property in the Development Agreement. 3.4 A minimum 10 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the existing right-of-way line along the full North Nola Road frontage. 3.5 A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Franklin Road frontage. 3.6 A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Franklin Road frontage. 3.7 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 and 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. 3.8 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. 3.9 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.10 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. 3.11 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.12 A drainage plan designed by a State of Idaho licensed architect or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on- site. 3.13 All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 (or subsequently adopted ordinance) of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 3.14 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 3.15 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.16 The Applicant is aware that strip commercial development is prohibited, and therefore, Applicant shall be required to inform prospective buyers of the lots that clustered, off -set setbacks and creative design shall be encouraged and development representing any form of strip development is not allowed. Adopt the Recommendations of the Ada County Highway District dated February 6, 2001, and upon the completion of their review adopt any additional Recommendations in ACHD action to follow on or about February 28, 2001. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -G) General Retail and Service Commercial District, and Meridian City Code § 11-7-2 K. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) ,A,*, appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 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 F -e ��, a_ -I, , 2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED--lc� COUNCILMAN KEITH BIRD VOTED_4-0— COUNCILWOMAN TAMMY deWEERD VOTED*1�4_ COUNCILWOMAN CHERIE McCANDLESS VOTED A— FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED: Z-2-0 —C?/ MOTION: APPROVED: APPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By u---- !�° Dated: City Clerk msg/ZAWork\M\Meridian\Meridian 15360M\Spatrowhawk\AZFfClsOrder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI< SUB. / (AZ -00-024) February 16, 2001 AZ 00-024 MERIDIAN CITY COUNCIL MEETING February 20, 2001 APPLICANT Hubble Engineering ITEM NO. 3-H REQUEST Findings - AZ of 20.20 acres from RT fo C -G for proposed Sparrowhawk Subdivision - NEC of North Nola Road and East Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Findings / Conclusions Contacted: ��G�,„� r�lGkF-% L/`1 Date: Ci Phone: Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE Wm. F. GIGRAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE" WILLIAM F. NICHOLS* *ALSO ADMITTED IN OR -ALSO ADMITTED IN WA William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288.2501 February 14, 2001 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 FEB 16 2001 CITY OF MERIDIAN CITY CLERK OFFICE Re: SPARROWHAWK SUBDIVISION BY: D. ARLENE STUTZMAN, OWNER and SITZLAR REAL ESTATE DEVELOPMENT, LLC, DEVELOPER / ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT / CASE NO. AZ -00-024 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of February 6, 2001, and which are on the agenda for February 20, 2001. I have also attached the original of the Development Agreement for owner/developer's signatures. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of February 20, 2001, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owner/developer for signatures. Very truly yours Wm. F. 1 is Enc. msg/Z:\Work\M\Meridian\Meridian 15360M\Sparrowhawk\FFCL and DevAgtClk.ltr Meridian City Council Meeting November 20, 2001 Page 6 of 51 Bird: I have none. Corrie: Entertain a motion, please. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion to approve the Water Main Easement between Meridian School District and the City of Meridian. Corrie: Okay. Bird: Second. Corrie: Motion has been made and second. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll -Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Corrie: Council, I need to go back and take a voice -- take a roll call vote on the Five Mile Sewer Phase 2. That does require a roll call vote. So we will go back and do a roll vote on the Five Mile Sewer Phase 2 Award of the Contract. Berg: Mr. Mayor, just to refresh, the motion is the Award of the Contract to Brown Construction. Corrie: Brown Construction, $223,077.75. Roll -Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. Corrie: Okay. Thank you. MOTION CARRIED: ALL AYES. Item 6. Ordinance No. AZ 00-024 Request for annexation and zoning of 20.20 acres from RT to C -G zones for Sparrowhawk Subdivision by Hubble Engineering — northeast corner of Nola and Franklin Roads: Meridian City Council Meeting November 20, 2001 Page 7 of 51 Corrie: Item No. 6 is an Ordinance. Ordinance No. 01-931. This is a request for annexation and zoning of 20.20 acres from RT to C -G zone for the Sparrowhawk Subdivision by Hubble Engineering, the northeast corner of Nola -- Nola and Franklin Roads. Excuse me. Mr. Berg, if you would read the Ordinance No. 01-931 by Title only at this point. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 01-931. An Ordinance finding that certain land to be known as Sparrowhawk Subdivision which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho; and finding that the owner has made a request for annexation in writing to the Council; and that said land be annexed to the City of Meridian and zoning designated General Retail and Service Commercial District C -G; and declaring that the said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho; repealing all ordinances, resolutions, orders or parts thereof in conflict herewith; and directing the City Engineer to add said property to the official maps of the City of Meridian, Idaho; and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and the map of the area to be annexed with Ada County Recorder, Auditor, Treasurer and Assessor, and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Corrie: Thank you, Mr. Clerk. Just for clarification, on Section 5 there is some blanks there. Do they need filled? On the Development Agreement. Berg: Mr. Mayor, the Development Agreement was approved tonight on the Consent Agenda and it was dated and signed November 13, 2001. Corrie: Okay. Berg: Thank you. Corrie: Is there anyone from the public that would like to have the Ordinance read in its entirety? Okay. Council, with that being the case I'd entertain a motion on Ordinance No. 931. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I would make a motion that we pass Ordinance No. 01-931, a request for annexation and zoning for 20.20 acres from RT to C -G zones for Sparrowhawk Subdivision by Hubble Engineering at the northeast corner of Nola and Franklin Roads, with suspension of the rules. Bird: Second. Meridian City Council Meeting November 20, 2001 Page 8 of 51 Corrie: Motion has been and second to approve Ordinance No. 01-931 with suspension of rules. Any further discussion? Bird: I have none. Corrie: Okay. Hearing none, roll call vote, Mr. Berg. Roll -Call: Bird, aye; De Weerd, aye; McCandless, aye; Anderson, aye. Corrie: All ayes. Motion is carried for Ordinance No. 01-931. MOTION CARRIED: ALL AYES. Item 7. Public Hearing: AZ 01-012 Request for annexation and zoning of 70.72 acres from RUT to R-8 zones for proposed Sundance Subdivision by G.L. Voigt Development — northeast corner of East Ustick Road and North Meridian Road: Item 8. Public Hearing: PP 01-015 Request for Preliminary Plat approval of 214 single-family lots, 4 future office lots, 23 common lots and 3.43 other lots on 69.79 acres in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt Development — northeast corner of East Ustick Road and North Meridian Road: Item 9. Public Hearing: CUP 01-026 Request for a Conditional Use Permit for 214 single-family dwellings, 4 future office lots and 23 common lots to include a neighborhood park and pedestrian pathways in a proposed R-8 zone for proposed Sundance Subdivision by G.L. Voigt — northeast corner of East Ustick Road and North Meridian Road: Corrie: Items No. 7, 8, and 9 is a Public Hearing for request for annexation and zoning of a Preliminary Plat and also request for a Conditional Use Permit and -- for Sundance Subdivision by G.L. Voigt Development, northeast corner of East Ustick Road and North Meridian Road. With the Council's approval I will open all three Public Hearings and we can hear them all at once, if you so desire. Bird: So desire. Corrie: Okay. Then I will open the Public Hearing on Items 7, 8, and 9 and we will first have the staff comments, please. McKinnon: Mr. Mayor, Members of the Council, this is the same project essentially unchanged from the last time you heard this. It was denied on April 3, 2001. The reasons for denial of this project of 214 homes in 70.72 acres were as follows. The development was premature in your mind. The sewer service is not readily available and I'll ask Brad Watson to address that. Number 3 is the additional residential lots Meridian City Council Meeting February 6, 2001 Page 48 Corrie: Is the applicant here this evening? Stiles: He didn't show up. Corrie: Whoops. Okay. Is there anyone from the public who would like to issue testimony at this point? Okay. I guess Staff is recommended that it be approved. Does the Council have any questions in their mind, that they would like to table this until they talk to the applicant? Or are they satisfied with the Staff's comments? Bird. I'm satisfied with Staff, myself. Corrie: Okay. Everybody? All right, then I'll request that the Public Hearing be closed. Bird. So Moved. Anderson: Second. Corrie: Motion made and seconded to close the Public Hearing on the request of rezone by Tranquility Ponds, Item No. 13. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Discussion of the Council? Hearing none, I'll entertain a motion of the request on the rezone. De Weerd: I move that we instruct the City Attorney to prepare Findings of Facts and Conclusions of Law and Decision of Order to approve the request for a rezone of .25 acres from R-8 to C -G for a proposed Tranquility Ponds and to include all Staff comments. Bird: Second. Corrie: Okay. The motion had been made and seconded to have the Attorney to draw up the Findings of Facts and Conclusions of Law with approval of the rezone request of Tranquility Ponds and to include Staff comments. Any discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 14: Public Hearing: AZ 00-024 Request for annexation and zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Meridian City Council Meeting February 6, 2001 Page 49 Subdivision by Hubble Engineering, Inc. — northeast corner of North Nola Road and East Franklin Road: Corrie: Item 14 is a Public Hearing. This is a request for annexation — can you hear me out there? I can hear myself, but I would hope that you can — and zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision by Hubble Engineering, Inc. — northeast corner of North Nola Road and East Franklin Road. At this time I will open the Public Hearing and Staff comments first. Stiles: Mr. Mayor and Members of Council, this is for the property on the northeast corner of Franklin and Nola Road. There is an existing industrial subdivision here, Mr. John Anderson lives right here. They are proposing annexation of all of this as C -G zone. Next hearing we will deal with the Preliminary Plat. I guess as part of annexation and zoning I want to go to the arial. It would include all of this property here. There is an existing pond that has been constructed. There is also a little bar that is not included as part of the annexation. Bird: Chief would have a talk with us on that. Stiles: They don't have any plans. They don't have any development plans that were submitted, as part of this request, but they have come in with a Preliminary Plat and it would require a development agreement and all uses of the property, would be required to be developed, under the conditional use process. We would ask that the annexation be approved with all Staff and agency conditions. Corrie: Okay, is the applicant here this evening? Nickle: Mr. Mayor, Council, Thank you. Shawn Nickle, Hubble Engineering, 701 Allen Street, Meridian, Suite 210. Sorry about the bar. Don't hold that against us. I mean, don't hold it against us that we don't have it included in our application. Thank you Staff, for the recommendations. Your Planning and Zoning Commission has also recommended approval of this rezone application. We are in agreement with the developer agreement that will be forthcoming with the condition that we develop each of the three lots that you'll see in a minute, as Conditional Use Permits. I'll stand for any questions you may have. Bird: How does that pond fill? Nickle: It is filled through diverted irrigation water. Bird: Right in there? In that area? Nickle: I believe so, yes. I did submit a letter from the Army Corps of Engineers, regarding that pond. I don't know if that was included in your packet, or not. I do Meridian Planning and Zoning —ommission Meeting January 4, 2001 Page 39 Norton: And to include staff comments. Centers: And including all staff comments as submitted. Norton: I second. Borup: Motion is second, any discussion? All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 13. Public Hearing: AZ 00-024 Request for Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision by Hubble Engineering, Inc. — Northeast corner of N. Nola Road and E. Franklin Road: Item 14. Public Hearing: PP 00-026 Request for Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C -G zone for proposed Sparrowhawk Subdivision by Hubble Engineering, Inc. — Northeast corner of N. Nola Road and E. Franklin Road: Borup: Thank you. Item No. 13 lets open Item No. 13 and 14. Public hearings first a request for annexation and zoning of 20 -acres from RT to C -G for proposed Sparrowhawk Subdivision by Hubble Engineering. Item 14 is request for Preliminary Plat approval of 3 building lots on 20 -acres in a proposed C -G zone for proposed Sparrowhawk Subdivision again by Hubble Engineering. Generally at the northeast corner of North Nola and East Franklin. Like to open these public hearings start with the staff report. Siddoway: Chairman Borup and members of the Commission. This application is for approximately 20 -acres along Franklin Road on the north side near the intersection of Nola and Franklin which currently has a stoplight you may be familiar with that. This is an application for both annexation and zoning going from RT currently in the county to C -G which is general commercial. As well as the second one that was open was for a plat and its 3 building lots on this 20 - acres. Some site photos this is looking along Franklin westbound the property would be on the right hand side of this photo. From the west boundary near Nola looking across the property you can see an existing pond that's on the property right now. That pond -- we're not sure as staff but may have wetlands issues that the Core of Engineers would be involved in. This is not in the staff report but we would request an additional condition that the applicant submit a letter from the Core of Engineers regarding any restrictions or protection that's needed on this pond with the submittal of the final plat. Some other site photos this is along Franklin, says north view its actually looking more west you can see Franklin Meridian Planning and Zoning commission Meeting January 4, 2001 Page 40 right here and the overhead power lines running east -west on the north side of Franklin. Looking east from Nola in to the site again looking from the intersection of Nola and Franklin into the site here. This says southwest but actually should be northwest. Looking northwest from the existing pub which is on the eastern property line of this proposed subdivision. This is the proposed plat three large lots on the 20 -acres, I'm not sure if there's anything after that guess not. Just to go over some of the issues we recommend that a Conditional Use Permit be required for all three lots when they are developed. That a Development Agreement be required for the annexation. There's also buffering requirements, all these comments are in the staff comments by the way. There's buffer requirements next to the existing single-family residential use which sits on this lot. I believe the owner is here tonight. I point out that the plat incorrectly — it does follow the correct line. The applicant's property line is kind of a faint line it kind of goes down at a little bit of an angle it should actually follow the — legal description for the annexation has been corrected to accurately reflect the proper boundary. The plat needs to be modified to show that — no. Legal needs to be modified I guess. Borup: Has not been modified yet? Siddoway: I thought that it had. Freckleton: Mr. Chairman, members of the Commission. In our comments annexation and zoning general comment number one talking about legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. The reason I put that comment in there is because the legal description does legally close per state statute. It does put the parcel contiguous to city limits. However when we compared the boundaries of the legal description and the Preliminary Plat to the assessors map we found the discrepancy. Later on in our comments item number seven under Preliminary Plat site-specific we talk about the discrepancy. Shawn Nickels with Hubble Engineering has had some conversations with us regarding that. They're aware of it and they are working on trying to get the boundary line straightened out. At this point and time it doesn't appear that that has been rectified. Siddoway: So legal description and the plat need to be modified. And we recommend that the plat be revised before the hearing with City Council. I've already mentioned the pond, the plat needs, — there's another revision that needs to happen on the plat to show the proper right-of-way from the centerline of Franklin Road. Usually there not showing enough in this case they are showing more than they need to. 66 -feet as opposed to 48 -feet that is a modification that needs to happen to make it accurate. The last item in the staff comments was that the applicant was to provide written response to each of the comments — we've not received any. Our recommendation is to continue this hearing anyway until — the ACHD report has not been done on this application at this time. We feel we need to continue the hearing until one is complete and we would also Meridian Planning and Zoning --ommission Meeting January 4, 2001 Page 41 request to have a written response before that date. We could have the legal and plat map done by then too that way the Commission could review that before sending it on. That would be our recommendation. That's all I have. Borup: Any questions from the Commission? Would the applicant like to come forward? Nickel: Thank you Mr. Chairman and members of the Commission. For the record my name is Shawn Nickel I'm with Hubble Engineering. My address is 1442 Allen Street in Meridian I'm sorry 701 Allen Street. I kind of mixed up the Eagle address with the Meridian. It's 701 Allen Street Suite 102 in Meridian. I'm here tonight representing Sitzler Real Estate Development Group, LLC. It looks like we have a couple of issues to discuss here tonight regarding the plat. First of all to address a comment that Steve mentioned I did fax over a letter on Tuesday morning or dropped off — let me see what we did regarding the comments from the city staff. They were faxed over to you Tuesday morning I do have a copy of those. Siddoway: We just need a copy they are not in our file. I don't know what happened. Nickel: I can give you my original copy. We really didn't have any objection to any of the requested requirements both site-specific for the annexation pr for the Preliminary Plat. I did have a question I needed to ask staff. First before I do that I would like to comment on staff's recommendation. They are recommending approval of the annexation but they are also recommending tabling of the Preliminary Plat because of the ACHD report and I would like to discuss that real quickly. Because we are requesting an annexation, rezone and a Preliminary Plat. We are not at this requesting Conditional Use Permit for any of the uses that will be on these three lots. The main reason for ACHD to request a traffic study was so they could figure out the access point on Franklin Road. Because we do not have any uses at this time we do not know where those accesses are going either. We are in the process — actually we are doing a traffic study right now it will be prepared tomorrow and we will get that to ACHD on Monday. It will go to their Commission and I am confident that it'll be at their Commission and back to the city prior to the City Council meeting. I would ask that we could move forward tonight with your recommendation just because of the fact that we simply don't have any uses. We don't really know what the access point's area and ACHD will just establish (inaudible) either two or three or have shared accesses between lots two or three or one or two. We're not going to have any problem with that because there will be a sign off on the plat. So that's our request on the recommendation from staff for the tabling. Then if you want I can got through the other issues — Borup: How about the second half of their request for tabling? Meridian Planning and Zoning Uommission Meeting January 4, 2001 Page 42 Nickel: That was regarding — Borup: The legal description. Nickel: Soon after we submitted the application to the city we did a phone call from Mr. John Anderson regarding the legal description and we did make attempt to fix that. Let me show you what has occurred. Mr. Anderson's property and his home is right here. The way is parcel actually sits its actually kind of skewed this way and there is a small spike strip right here and then strip right here. Our property actually comes up to this side then his property comes down to that side. Is that correct John? Anderson: That's correct Nickel: We did make one attempt on the legal description. I think what we did is we just fixed the north portion we didn't fix the south. That is a condition of approval that you have and we can provide that to staff next week regarding that legal description. We're not in — there's no discrepancy and we're not in objection to Mr. Anderson's contest that that parcel is the way he has it. We will fix that and we will get that back to you next week and prior to City Council which is what the condition of approval is on your report. Borup: How far back did that description go? Looks like someone screwed up somewhere along the line to have a -- or is that the case? Nickel: Well there was a discrepancy with the — Borup: I'm talking about the two triangle pieces on both ends. Nickel: I don't know how that happened maybe somebody fell asleep Borup: I assume that was a number of years ago. Nickel: Yes I'm — John's lived there. He would probably has the history of that more so than I do. But we will work with him and work with the city on remedying that and getting the proper documentation to the staff. Then regarding and issue came up regarding the pond. We don't necessarily have a problem getting a letter from the Core of Engineers. However we don't feel that's going to be a problem because that pond is man made pond. It was created as a result of irrigation water being back up. It's the intent of the developer to relocate that — relocate and pipe that ditch and that pond will go away. If staff feels it appropriate to get some documentation from the core we can do that. The other question I had for staff was regarding the landscape plan being submitted and landscape buffer lot. Because we are going to be developing these as three separate Conditional Use Permits. It was our intent to have that landscape reviewed at the time of the Conditional Use Permits rather than just placing a Meridian Planning and Zoning Lommission Meeting January 4, 2001 Page 43 standard straight landscape buffer along Franklin Road and Nola Road. I was wondering if that could be part of the Development Agreement or condition of the plat I don't know how — Siddoway: The Ordinance reads that those required landscape buffers in a plat are required to be on a separate common lot owned and maintained by a business owners association. In this case — we just see that more likely to be maintained consistently along the entire frontage if it's a business owners association — if they're commonly shared in ownership and its required to be on a separate common lot the way the Ordinance is written right now. Borup: The question — Mr. Nickel I think probably the question here is correct me Steve. Not so much a landscape design just that they're separate deeded lots for the future maintenance. Nickel: Could we do this Steve, could we show a common lot and then at the time that the Conditional Use's come in could we modify the configuration of those lots so they would meet the design of what ever the uses would go in there but they would still be — Borup: -- the only modification would be you access points wouldn't it? Nickel: What I am saying if we plat a landscape lot just a straight landscape lot all the way along Franklin Road. Then the individual Conditional Use Permit's come in there's a way we can modify the outline of those lots so they would conform better with the design with what ever uses. Do you understand what I am saying? Borup: I think — are you talking about making the lots smaller or the option of making them larger. You've got you're minimum buffer. Nickel: they would still be required to meet I'm assuming the minimum percentage of open space required. Instead of being a straight lot they might be reconfigured to match what ever design the businesses in that. Siddoway: The minimum width is 35 -feet along Franklin Road from — Nickel: I guess they could be larger. Borup: Couldn't they go ahead and increase it with just a landscape easement or something with out — Siddoway: I think the 35 -feet needs to be designated on the plat. Borup: Right. They're saying they want some -- some options of — Meridian Planning and Zoning Gommission Meeting January 4, 2001 Page 44 Siddoway: Are we talking about not making it a common lot or we are talking about a plan. Nickel: I'm more worrying about the maintenance of it if we reconfigured it once the uses are established. We can make them minimum with the 35 -feet but say we want to increase that and keep it in a common ownership and maintenance. I'm just wondering how we would modify the plat or we do an easement like the Commissioner suggesting. Borup: It's either that or re -platting it isn't it? Nickel: Or a lot line adjustment I don't know if — Siddoway: I've only seen these as common lots. The issue about them being crossed by a driveway is not a big deal because the Ordinance allows for that. If you were — the 35 -foot minimum I don't frankly I would be surprised if you wanted to increase it. I've never heard anyone wan to do that. Nickel: I just want to set up something where a future user might have a problem in its design. Siddoway: As long as they meet that — I think that we need a 35 -foot wide minimum shown on the plat. If they add landscaping to it — I don't see that's going to be a problem. Borup: I would think there would be some options either do a lot line adjustment Nickel: I'm (inaudible) making to big of a deal about this I'm just looking in the future. Borup: Or there could just an agreement for the maintenance to take place on the other property — couldn't there be? It would be up to the development how they want to handle that. Siddoway: Common maintenance is what we were looking for within that street buffer. Nickel: In that case sorry for wasting your time we will go ahead and submit the design to staff with a 35 -foot buffer on Franklin Road as — Borup: (Inaudible) doesn't sound like your access points would be a factor in that. Nickel: -- show them to you. Everything else staff has included in their staff report we're in agreement with. I'll get them a copy of my comments. Meridian Planning and Zoning commission Meeting January 4, 2001 Page 45 Borup: Any questions for Mr. Nickel while he is up? Norton: Mr. Chairman I do have a question. Mr. Nickel we received a letter from Mr. and Mrs. Anderson, they have a concern about the Barker Lateral and also about construction being taken place. Dirt getting into the ditch. Have you received a copy of that letter? Nickel: I have and I have also talked to Mr. Anderson briefly before the meeting and the developer has as well. We will work with — I don't believe he — when he gets up here he can explain this but — does the I don't believe the irrigation district has control over the lateral or do they. We would be more than willing to work with Mr. Anderson on — his concern is we're going to get in there and mess with the ditch and then the waters going to have to be turned on they're not going to be able turn on the water. We will work with him — Norton: You are aware of the problem? Nickel: Yes. Norton: Okay Thank you. Borup: Thank you Shawn. Nickel: Thank you. Borup: Do we have anyone here who would like to come forward on — I assume Mr. Anderson would. Anderson: My name is John Anderson I live at 120 North Nola Road. That's the property he is talking about that laid a skewed. My only concern is just my property line is left correct so if I ever go to sale my property we don't have some kind of lot line dispute. If that done before any permission given having work the irrigation district for 24 years I've seen a lot of problems occur over far less lot lines than that. I really don't want to get into that. They have said they would take care of it the only assurance I've got is the city protects that to he Commissioners protect that. I would appreciate it if you could take a look at that. The lateral that I was speaking to it is the tail end of what's known as the — let me back up. That the property the reason that is a skewed that's all part of the old Barker property. That little section was sectioned off for one of the sons I believe back in the 1950's and they built that house as a basement house. I can only speculate the only reason they left that sliver was to protect a waste ditch that goes down that side of the property. That's purely speculation but its makes a lot of sense to me because I've seen disputes and people not wanting people on their property. That's as much history as I know. My concern with the ditch although it's not under the jurisdiction of Nampa Meridian Irrigation District it is under the jurisdiction of us water users. I'm kind of the quasi water master so I Meridian Planning and Zoning �ornrnission Meeting January 4, 2001 Page 46 get to do it at work and come and do it. So I kind of watch out what happens on those and I would really like the opportunity to make comment and review along with the city personally if I could be a party to that to make sure that is done and where were protected. The dates I'm concerned of when they do any work — that they only be allowed to do that kind of work from October 15 to March 15. This facility is the tail end of the Barker Lateral. There's two exits it services from Eagle Road Greenhill Estates all the way down to Locust Grove a full mile. Almost in a straight line if you parallel almost completely all of that. If you cross Franklin Road paralleling Eagle all the way down to the railroad tracks and back all the way plumb to Five -Mile Drain which is passed old Brownie Mads place which is past Locust Grove Road. It takes in a lot of area. If those water users in Greenhill Estates say I don't want to water they open the gates that shoots down that ditch if nobody is watching it, it should just go right on back into Five -Mile Drain or Evans Drain to the west of that. The only other dump is go underneath Franklin Road up by Alma Golightly's is closer to Eagle Road and very seldom does anybody think to pull that one. Most of these people in subdivision don't want it they pull a gate and here it comes. Those people down off Lanark are really getting tired of getting flooded and I get called home from work and everybody knows me due to work and so I get to take care of that sometimes on my own. I think it would just really serve to protect a whole bunch of people's interests that we watch that really carefully and protect that. The pond I don't know how to address that we really have nothing to do with that. It has been there for a long, long time. Its always just been filled by the land owners but that doesn't really pertain to us so I guess I wont comment to much on that. Borup: Thank you any questions for Mr. Anderson? Freckleton: Mr. Chairman I could maybe address part of the concerns there. Borup: Okay please do, on the lateral you mean? Freckleton: Yes, on staffs general annexation requirements number one it does require of the applicant to submit plans for tiling of irrigation ditches to the lateral users association and get there written confirmation of approval. That has to be submitted to the public works department. Mr. Nickel has a — he is very fortunate in this situation that we know who the water master is. Most of the time on users laterals it's a big mystery. I think that will -- John wears many hats. Borup: Anything else Bruce? Freckleton: No that's it. Borup: Thank you. Do we have anyone else who would like to come forward? Cullip: Mr. Chairman and the rest of the Commissioners I'm Rod Cullip. I live right directly across in fact I can go over and show you here. I live on this section Meridian Planning and Zoning commission Meeting January 4, 2001 Page 47 right here it goes all the way down along the creek and everything. The Barker property it's got a long history behind that. My family — in fact my brother lived here 30 years ago. There is a pond right here and that pond does serve a lot of wildlife geese, there's nest right on that pond. There's ducks, there's quail, and there are pheasants and they all use for drinking purposes. There also used to be another gravel pit that was dug here and that did have a whole bunch of goldfish and all kinds of wildlife and somewhere along lines after the Barker's sold it — or Stutsman's ended up getting it. Somebody went in there and they dumped a whole bunch of fill in that one big pond area. It's got garbage. If you go out there, there's cars -- all kinds of garbage in there. That's something that needs to be checked out. Also this irrigation that comes through here that was fed to that pond and that pond took and fed all the irrigation down on the lower lots. That's been there since 1950 so about 50 years that that's been like that. This irrigation comes across Franklin here, comes down and crosses the road and feeds all of this land down here. It also goes next to John's property there crosses Nola and feeds this 80 -acre lot that uses to Madden's Ralph Madden's. My concern is basically that and I didn't get a letter to this. I just happen to see it on a power pole across the street I was walking by one day. I thought I would come find out what's going on I'm glad I did. That's my concerns. Borup: We just note that your name was on the list of letters being sent to. Not sure what happened. If you didn't get it, it was mailed out. Nary: 1821 East Franklin — Cullip: 1821 East Franklin Road right. Borup: Anyone else like to come forward? Did the applicant have any final comments? Nickel: Good thing you require us to post the site so that gentleman was able to make it here. To address his comments yes the ditch is and all irrigation will be maintained and we're going to pipe the ditches and everyone's going to still get the water they currently get. From the history we got from the Stutsman's that pond no longer serves as irrigation for any of the lots below. I think that's all we Borup: Shawn maybe while you're up here I'd like may be a clarification of what you are asking us. I believe you stated — you did say you would like to proceed ahead. You felt that you could take care of the buffer on Franklin as far as separate platted lot. Then the other question is the legal description. Nickel: We can fix the plat to include the buffer to fix the legal description and Mr. Anderson's lot. Also to get the traffic report to ACHD Commission prior to the City Council meeting. Specifically because the main issues were the access points on Franklin Road. Meridian Planning and Zoning commission Meeting January 4, 2001 Page 48 Borup: That's one of our concerns is forwarding something on to City Council that still needs correcting. I can understand on the access points that's going to change as the development is decided on. The legal description will not change I don't know if there's a big concern. That's maybe what we need to clarify. Nickel: that would be up to Bruce. The other concerns they had were already in your report to be cleared up prior to City Council (inaudible) legal description. Borup: Right. That may be the one thing we need to discuss. Nickel: I hope (inaudible) Bruce is comfortable that we can get that to the and maybe move on. Borup: Mr. Freckleton do you have any concern on that? Freckleton: Mr. Chairman I really don't as long as we receive it prior to City Council. Borup: That's what I'm — Freckleton: Where you're a recommending board and Council has the final say. That does give us the other opportunity to raise the concern. As long as I get it before City Council and have a chance to review it. At least one week prior so that we're not bound up. I don't really have a problem with that. Borup: Would you be able to communicate that to Mr. Anderson after your review? Freckleton: Certainly. Borup: Will you feel comfortable with that situation John? If he reviewed it and verified that the legal description matched your and — Anderson: Yes. Borup: Okay. Just trying to get a few things out of the way before we proceed. I mean clarified. The — Freckleton: Mr. Chairman. There was the issue of the width of the right-of-way. Centers: The landscape. Borup: No. Meridian Planning and Zoning commission Meeting January 4, 2001 Page 49 Freckleton: No the width of the right-of-way on Franklin. I believe they showed 66 -feet and 48 is required. Borup: So does the applicant mind taking some land back? Nickel: Mr. Chairman to explain that when we originally contacted ACHD prior to submittal that's what they told us the right-of-way was going to be. Once we got to tech review they gave us some of our land back. So we have no problem modifying that on plat as well. Borup: I wouldn't think so. So 48 they're talking 96 there -- is what they're projecting — that should be real soon. The next few years. We do have two public hearings open. Nary: Mr. Chairman I just had one other comment. We did have a letter from Milo Elston in our box today basically opposing this subdivision. At least my reading of this is that Mr. Elston's concern is that this is a residential subdivision. It doesn't appear that what's being requested that's not the zone that's being requested. That doesn't appear to be the type of use that's going to be on there. I just wanted to make note that we had received that letter and I did review it but it appears that his concerns probably at least not a problem today. I guess if there's potential for rezone in the future then maybe that's the case. Borup: His concern was he owns a manufacturing company he is worried about noise effecting the residents there. Nary: Mr. Chairman I had just one other question. It appears Mr. Cullip raised a concern I think the use of this pond but I think that is addressed somewhat in the Preliminary Plat requirements from the staff. That they're going to have to provide some information as to what that is and if there is going to be some need that they have to meet with this Core of Engineers or somebody else to eliminate that pond they are going to have to go through that process. I think we've addressed all the concerns. Siddoway: Mr. Chairman, Commissioner Nary. The pond is just simply briefly mentioned I believe in comment number four. We do feel like we need to get that letter from the Core of Engineers. That is not specifically in the comments at this time and would need to be added. Borup: Mr. Nickel. Nickel: (inaudible). Siddoway: Love to have it prior to City Council. I don't know how fast the Core works on something like that. Sooner is better especially if it's going to effect your plat. I felt it was more reasonable to expect it before the final plat. Meridian Planning and Zoning commission Meeting January 4, 2001 Page 50 Borup: Anything else? Nary: I move we close the public hearing. Borup: Both? Nary: Yes numbers 13 and 14. Centers: Second. Borup: Motion is second to close both public hearings. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: First item is request for annexation and zoning. Nary: Mr. Chairman I would move the approval of AZ 00-024 the request for annexation and zoning of 20.20 acres from RT to a C -G for proposed Sparrowhawk Subdivision by Hubble Engineering at the northeast corner of North Nola Road and East Franklin Road. It appears — with staff comments incorporated -- I hear (inaudible) and addressed all the concerns and I really haven't heard any opposition to the staff comments in regard to the annexation or even the need to amend the staff comments as to (inaudible) here, unless I'm mistaken. Borup: No that's the same way I read that Norton: I second. Borup: Motion is second. Any discussion or all in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Nary: On the second one although I did note Mr. Siddoway had we requested maybe we put off the Preliminary Plat or actually put off both of them. It does appear to me that there is probably not — of all of this information provided before we get to the Council level since it's really left to them to make this final decision. That seems to be adequate. I mean normally wee don't pass them on if there's a lot to be done but it doesn't sound like there is a lot to be done before it gets to the Council level. If all that accomplished which Mr. Nickel is hoping he can. I don't see a reason to delay it we can move it along. If it doesn't get done then I guess the Council will have to delay it. Siddoway: Just for clarification Meridian Planning and Zoning . ommission Meeting January 4, 2001 Page 51 ***End of Side Three*** Siddoway: -- my verbal comment about the Core of Engineers letter — Nary: I'm going to add that for the Preliminary Plat. Siddoway: This is just the zone I'm sorry. Nary: Yes this was just the annexation and zoning. Anyway with that being said I would move for the recommendation of the approval of PP 00-026 request for Preliminary Plat approval of 3 building lots on 20.20 acres in proposed C -G zone for the proposed Sparrowhawk Subdivision by Hubble Engineering. At the northeast corner of North Nola Road and East Franklin Road. With the one modification of Preliminary Plat specific requirement number four that it also include language that the developer receive approval from the Core of Engineers for any changes to the existing pond that is on the property. I think the other information in there regarding the plat and all that the property lines were already taken care of. The landscaping — this requires a 35 -foot and I think we were all comfortable with that. I don't think there was anything other than that to amend. That correct? Borup: Did we get the — go ahead Nary: That's all I had. Borup: we have a motion. Norton: Second. Borup: Second, discussion? Did we get the legal description comment in as part of the zoning? Nary: I think the legal description in the annexation and zoning the condition that already existed said the legal description has to be cleared up — Borup: Okay. Nary: -- City of Meridian and State Tax Commission requirements anyway. Borup: The only question I have on the timing — don't we have a — if the items are not in — do we have a potential time problem this getting to City Council if there was a delay? Don't we have a minimum time that it needs to be for the next hearing? Yes — Nary: 45 days. Meridian Planning and Zoning-ommission Meeting January 4, 2001 Page 52 Borup: It's just got to be passed on to us. It can be delayed before it goes to City Council though if they are waiting for information? Nary: I believe the city Council can set it over if its not in the City Council can set it over. They have to take it up within 45 days. Borup: Okay we do have a motion any other discussion? All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Thank you. That concludes our meeting this evening at least as far as public hearings. Do we have any other items we need to take up — we do have — are we okay on our fifth Tuesday? Berg: Of the month? Borup: Yes. Berg: Mr. Chairman, members of the Commission, yes the Council was excited about having a workshop on the fifth Tuesday — Borup: That did come up two days ago then when ever? Councilwoman de Weerd was not aware of it earlier in the week. Norton: It was in the paper this morning or yesterday. Borup: Tuesday morning she was not aware of it but Tuesday night they were Berg: We talked about that even when we were creating the Ordinance saying that there was a fifth Tuesday every four months. They thought that was a good idea to meet with the Planning and Zoning Commission for a workshop. I don't know where she was coming from — I think they are excited until maybe they find out every Tuesday for the rest of their life is a meeting. Borup: We were going to add one item to that agenda — Berg: I just want to make kind of a recommendation like we do for the City Council workshops. The president of the Council puts that agenda together and if you have issues that I know our Chairman would, II could get that before — the week before so we could put an agenda and have all the issues on a rough agenda that we know what were going to talk about. Borup: We had talked about adding one item to that agenda — the temporary trailer. Meridian Planning and Zoning—ornmission Meeting January 4, 2001 Page 53 Berg: You will probably be seeing more and more things talked about — trying to get it done at staff level rather than going through. Nary: Will that meeting I assume be here in this room the Tuesday. Berg: Yes. Borup: So does everybody have that down that would be January 30, 2001? Berg: Everything is at 6:30 for Council from now on. Borup: Okay I didn't have that down yet. Norton: I didn't either I was thinking it was — Thursday. (Inaudible discussion amongst Commission) Borup: That's right too much going on in December. Nary: So the first will be January 30, 2001 at 6:30. Borup: I think the next one wasn't until May or something. Berg: I will have to put out a notice because it is a special meeting with both parties. I will put out a notice as a reminder. Like I said I will get with Keith and we'll try to have a draft agenda. Borup: Well we have our agenda we came up with several months ago. Berg: Get the information to me so I can put it in a constructive format. Borup: Last time we talked we figured had two or three items we had to pull. Nary: Comprehensive Plan. Borup: Changing — that maybe a long process. Berg: Something we had talked about in between was the findings being approved at the P and Z level before it gets passed on. Because you are meeting every two weeks. Borup: Was Mr. Swartley still here? Nary: I was going to say was it is the intent — Berg: No were still on — Meridian Planning and Zoning ,immission Meeting January 4, 2001 Page 54 Borup: We still have an open meeting but we can answer your question if you want to wait a minute. Nary: Was their intent by the Council or the city Attorney staff to have somebody there from their staff? Berg: At the workshop? Nary: Yes. Berg: Yes Bill Nichols will be there all the time and we can even have Mr. Swartley there for a little bit. Nary: I was just thinking if in case there is some directives of something to do especially in regards to an Ordinance change or something like that. Berg: Bill is there all the time and I'm sure Mr. Swartley would be there at the workshop too. Swartley: On January 30, 2001? Borup: Comment on your memo. I had the impression you assumed we were receiving copies of — Swartley: I thought Sally was but did you stop doing that Norton: I was receiving copies until about mid -summer and then they haven't been put in my box so I haven't been getting them. Swartley: I thought Marlene was supposed to continue to put them there. But you hadn't said anything so I assumed — okay. I didn't know that. Norton: I wasn't sure — I didn't know if you wanted my comments or not — stopped appearing in my box. Swartley: I have nothing to do with them going into your box. Berg: its kind of a two -fold thing if P and Z is starting to approve their findings then they will be back in front of you to modify or add a word or what ever it may be from what the interpretation is. But if we continue to do the same thing we're doing now then you won't be able — Swartley: Do you guys want to see your own — Meridian Planning and Zoning -ummission Meeting January 4, 2001 Page 55 Borup: See I was confused — I thought we're just doing a recommendation and City Council preparing findings. The last ones I saw said that the findings — Swartley: The last one — the last what? Borup: I got two of them in my box Tuesday which is the first ones I've I had I think. Swartley: Two what? Recommendations or findings? Borup: Findings. Swartley: I haven't done any findings State Statute provides that — Borup: Okay — I've only done recommendations. And Swartley: -- Planning and Zoning Commission does recommendations. Borup: It was a very formal recommendation. It looked just like findings. Nary: In Boise what's done is normally at the staff level what the Commission is reviewing is the findings. Borup: I noticed that. Nary: If there's changes — it depends on how significant the changes are. If they are fairly minor like we change should and shall or something like that they usually don't see them again. If they are fairly extensive changes they would seem them. Swartley: (inaudible) I think this kind of relates back — remember the workshop we had where Kent Brown tried to explain — I think that's what were kind of going for aren't we. Is to try to get things a little more streamlined. Berg: The idea was to get them through faster. When we were only meeting once a month and the idea of you as a Commission approving findings was just like we used to do — I don't want to say in the olden days but when I first started. It wasn't delayed it another month and so it was tying to streamline or get it going faster. The real concern is still if the Commission still wants to review what the attorney prepares. I would suggest in a more formal findings than the Council even has the option of approving the findings after their hearing. Correct Bill? Well we will adopt the P and Z findings because there is no difference in what we heard tonight that makes any changes. (Inaudible discussion amongst Commission) Meridian Planning and Zoning commission Meeting January 4, 2001 Page 56 Swartley: Yes they are and they are almost prepared exactly they way staff is preparing them 95 percent of the time. Borup: I mean your recommendation is pretty much the findings that are adopted? Swartley: Yes. I believe so I haven't seen what Bill does to be honest with you. When he does his findings. Borup: (inaudible). Swartley: Pretty close. Borup: Does he have the computers in network so he's already got it in there so he just makes changes if he needs? Swartley: I don't know. Borup: You don't know if your computers are networked? Swartley: Our computers are networked yes. Berg: You don't know if he — Swartley: I don't know if he pulls it up that way or if he dictates them to somebody else. Borup: -- (inaudible) scratch is he? Swartley: I doubt it. Berg: I guess my other question — does Marlene do a lot of those and let him look at it. So she's probably using your basis — Swartley: She probably is using it yes. Berg: And just adding a few little — Swartley: Which is kind of the way I'm doing it when Liz the secretary in Nampa does them I'm using the staff report as a basis. We just have (inaudible) forms. Berg: I see that it would be getting done faster when were going to two meetings a month. That you approve the findings because then it's a final document. The Council can just approve or modify by one or two sentences. Meridian Planning and Zoning-ommission Meeting January 4, 2001 Page 57 Swartley: My understanding of the problem was I was sending on recommendations which you guys were making a motion to approve with staff comments only. Then those recommendations were getting to City Council and somebody would say no these recommendations aren't what was motioned. At the City Council level. Which is really hard for me to screw up because it's basically the same thing staff is doing. That was my understanding of the problem. Borup: I asked Tammy about what it was that brought it up and she couldn't remember. She couldn't remember the application. Swartley: If you guys want to see the recommendations before they go on — that's an awful lot reading for you to do. Borup: Let's see what comes out of the workshop. Nary: -- the 30th and in the interim maybe just getting a tape or something to make sure — Swartley: Yes, Will can we do that? Can you make copies of tapes? Nary: And you may not need very — sometimes if they're all pretty cut an dried like a lot of these were tonight — Swartley: Tonight's were very simple exactly — Nary: -- real contentious and there's a lot of modifications. Norton: They have been in the past very contentious. A lot of modifications, a lot of add this and take that out. Swartley: If you guys noticed tonight somebody would make a motion and somebody wouldn't pipe in with what about this and what about this and then it gets a little bit confusing. Even when you read the transcript I don't know if — the transcript is what's going to be going on and if there's ever a judicial review that's what they are going to be looking at and if they can't figure it out. Borup: Some of those longs ones like that may be (inaudible) make sure they are re -stated. Norton: I think if it would help City Council it would be — I would be willing to read those findings and I think we would probably go through them real quickly. Swartley: Okay the findings or the recommendations? Meridian Planning and Zoning uummission Meeting January 4, 2001 Page 58 Norton: What ever. Then there's still also the checks and balances to. As I understand that nobody here tonight goes on to City Council and somebody has ever read the recommendations except for City Council. There's nobody looking at saying yes. Berg: The staff, the applicant and the City Council review the recommendation. Nary: What I'm assuming — (Inaudible discussion amongst Commission) Nary: An applicant said that's not what they said at P and Z and here is the minutes now which have now been completed which weren't when the revisions were done. Saying there's a discrepancy I'm just guessing. We could put them on whether or not we have to do an Ordinance change or not. We could certainly if the Council is comfortable with that we can put them on a consent agenda item there's no testimony for it. This is what we said that's all were doing is looking at these recommendations to make sure that's what we had agreed to and what we voted on. Borup: In the past we handled each one individually. Nary: If there was one that had a discrepancy or a problem — (Inaudible discussion amongst Commission) Nary: We can pull one off and discuss that and say this is what we want to (inaudible) — Swartley: -- (inaudible) they are going on to City Council and somebody wasn't there or hasn't seen the transcript is then saying this is not was passed or recommended by the Commission. I don't think that's right I think if it comes back to us then it would be — it would sound a lot better, it would look a lot better Borup: And it would be what we recommended. Swartley: We could zip through those pretty quick they shouldn't take much time. Centers: Our minutes aren't there. Swartley: They're there — they are this thick it will take you a half -an -hour to find what you are looking for. Borup: City Council can't make it through there own minutes. They're not going to read ours. Meridian Planning and Zoning t-ommission Meeting January 4, 2001 Page 59 Berg: City Council wants less and less paperwork. Hopefully you saw in your packets this last meeting that you only had information that was detailed documents. Everything else was put on your cover sheet what we got if there were any comments — Norton: Yes, I liked that. Berg: Most of the Council doesn't want any more paperwork as minutes or any other long explanation. Swartley: When Kent did that workshop didn't he have a sheet that said something along the lines of if your problem is such and such with the recommendation. Norton: I still have those. Swartley: Do you remember what I am talking about Sally? Norton: Yes. Swartley: If there was a problem just mark it down and then we can really quickly at the beginning of the meeting. Do you remember that Keith? Borup: Yes. Norton: I can bring them to the workshop if you want. Borup: I've got it somewhere too she can probably find hers. Swartley: Rather than making notes just put it on that sheet we can very fast — quickly go over those. Borup: That would be good rather than us trying to write notes on piece of scratch paper or something. Swartley: Exactly, I mean here's a problem with annexation and zoning number whatever and here is my problem I thought this was missed. We can quickly check it. If there is a — Borup: If we come prepared with that filled out we wouldn't spend much time at all. Swartley: I thin it would be very quick. Meridian Planning and Zoning .,ornmission Meeting January 4, 2001 Page 60 Norton: I think it would be fairly rare. But I also think it would look too better if we actually reviewed the recommendation. Swartley: That's happening a lot I guess not a lot but de Weerd didn't remember what it was so. Borup: No so it must have not been real big. Berg: Sometimes things get confusing too from public hearings to public hearings. Somebody would testify one thing and him or her I'm sorry next time they testify something else. Swartley: Yes that happens a lot too. Berg: Why did the P and Z have this recommendation well it was because of the testimony said that at your hearing. Swartley: Right and one guy is going to say this is what was said and another guy is going to say this is what was said. Borup: We ready to — do we have a final motion? Norton: Mr. Chairman I make a motion to adjourn. Nary: Second. Borup: Motion is second to adjourn. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT MEETING ADJOURNED AT 9:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: KEITH BORUP, CHAIRMAN WILLIAM G. BERG, JR., CITY CLERK Ordinance Distribution Check Off Sheet for Ordinance No. 0/ Project File:SP rmz&l- (AcA Once recorded all ordinances are distributed to: Clerks Office: Copy to Project File Scan into Laserfische IS e0f)L"Lo C� Copy to Ordinance Book Q Original to Minute Book Ivvfi J Applicant City Engineer City Planner City Attorney City Treasurer State Tax Commission p1 County Auditor County Treasurer Clerks Office: Copy to Project File Scan into Laserfische IS e0f)L"Lo C� Copy to Ordinance Book Q Original to Minute Book Ivvfi J County Assessor Robert Campbell at COMPASS Sterling Codifiers Clerks Office: Copy to Project File Scan into Laserfische IS e0f)L"Lo C� Copy to Ordinance Book Q Original to Minute Book Ivvfi J MAYOR Robert D. Corrie CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless January 31, 2002 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 Re: Sparrowhawk Subdivision AZ -00-024 Ordinance No. 01-931 Dear Applicant or Agency, LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS (208) 898-5500 - Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING (208) 884-5533 - Fax 888-6854 Enclosed you will find a copy of the recorded ordinance as noted above. Please feel free to contact our office if you have any questions. Sincerely, Sharon Smith Deputy City Clerk Enc. SEE"!ES i t`` D� -� 101135902 ..C81 OE MENDIAN L;IlK CITY OF MERIDIAN �- ORDINANCE NO. 01- 6IJ % AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS SPARROWHAWK SUBDIVISION WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C -G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: ANNEXATION AND ZONING ORDINANCE (AZ -00-024) - 1 A parcel of land located in the SI/2 of Section 8, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 8 from which the S 1/4 corner of said Section 8 bears North 89°37'00" East, 2645.88 feet; thence along the South boundary line of said Section 8 North 89°37'00" East, 661.20 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary line North 00°01'53" East, 2 84. 11 feet; thence North 89°37'18" East, 331.00 feet; thence North 00°01'53" East 198.00 feet to a point on the South boundary line of Locust Grove Industrial Park Subdivision as filed in Book 41 of Plats at Page 3391, records of Ada County, Idaho; thence along said South boundary line North 89°37'18" East, 1653.46 feet to the southeast comer of said Locust Grove Industrial Park Subdivision; thence along the North-South centerline of said Section 8 South 00'00'17" West, 355.83 feet; thence leaving said North-South centerline South 89°37'00" West, 100.00 feet; thence South 00°00'17" West, 127.00 feet to a point on the South boundary line of said Section 8; thence along said South boundary line South 89°37'00" West, 1884.69 feet to the Real Point of Beginning, containing 20.20 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. ANNEXATION AND ZONING ORDINANCE (AZ -00-024) - 2 SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of ,and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and ANNEXATION AND ZONING ORDINANCE (AZ -00-024) - 3 shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20L day of oVe*&V , 2001. APPROVE BY THE MAYOR OFT E CITY OF MERIDIAN, IDAHO, this 2© day of � , 2001. SIA ORt�1%104-1t*! 0 CITY CLERK SMUL� STATE OF IDAHO,) ss. County of Ada.) ; '`'t6 On this 2o44 day of hoeh6« , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. lypT! I a ` SI M C I� 4 ridianVeridian 153¢AtSparrowhawk\AZOrd.doc W PUBLIC FOR IDAHO NG AT: MMISSION EXPIRES: ON AND ZONING ORDINANCE (AZ -00-024) - 4 MAYOR Robert D. Come CITY COUNCIL MEMBERS William L. M. Nary .Keith Bird Tammy deWeerd Cherie McCandless January 31, 2002 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Mr. Ron Sitzlar Sitzlar Real Estate Dev. LLC 1245 W. Hemptstead Drive Eagle, ID 83616 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Re: Sparrowhawk Subdivision AZ -00-024 Ordinance No. 01-931 Development Agreement Dear Mr. Sitzlar, LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING (208) 884-5533 • Fax 888-6854 Enclosed you will find a copy of the recorded ordinance and development agreement as noted above. Please feel free to contact our office if you have any questions. Sincerely, c) �r��n� Sharon Smith Deputy City Clerk Enc. ^� r;� ��s2 101 13590 -2CC10 E c 1DWI l:lfi i CITY OF MERIDIAN �— ORDINANCE NO. 01- q-5 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS SPARROWHAWI< SUBDIVISION WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C -G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: ANNEXATION AND ZONING ORDINANCE (AZ -00-024) - 1 A parcel of land located in the Sl/2 of Section 8, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 8 from which the S 1/4 corner of said Section 8 bears North 89°37'00" East, 2645.88 feet; thence along the South boundary line of said Section 8 North 89°37'00" East, 661.20 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary line North 00°01'53" East, 284.11 feet; thence North 89°37'18" East, 331.00 feet; thence North 00°01'53" East 198.00 feet to a point on the South boundary line of Locust Grove Industrial Park Subdivision as filed in Book 41 of Plats at Page 3391, records of Ada County, Idaho; thence along said South boundary line North 89°37'18" East, 165 3.4 6 feet to the southeast corner of said Locust Grove Industrial Parlc Subdivision; thence along the North-South centerline of said Section 8 South 00'00'17" West, 355.83 feet; thence leaving said North-South centerline South 89037'00" West, 100.00 feet; thence South 00°00'17" West, 127.00 feet to a point on the South boundary line of said Section 8; thence along said South boundary line South 89°37'00" West, 1884.69 feet to the Real Point of Beginning, containing 20.20 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. ANNEXATION AND ZONING ORDINANCE (AZ -00-024) - 2 SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 74 11 day of 21120� ,and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and ANNEXATION AND ZONING ORDINANCE (AZ -00-024) - 3 shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2677!6 -day of X1,0VeMht1V , 2001. APPROVE BY THE MAYOR OFT E CITY OF MERIDIAN, IDAHO, this day of �� , 2001. OF CITY CLERK ek- STATE OF IDAHO,) j% G' 1 County of Ada. ) On this ,WA day of lVovtA6fr , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and vear first above written. .• •••• •••� • OT 1�rB �c8 L• sir's• F: �OTf-I� N -A SI e M C V' � 4 ridianUvlerithan 1530$�Sparrowhawk\AZOrd.doc W PUBLIC FOR IDAHO NG AT:-pq�;An MMISSION EXPIRES: V .?o 102 ON AND ZONING ORDINANCE (AZ -00-024) - 4 r MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tanney deWeerd Cherie McCandless April 1 1, 2001 HUB OFTRFASURE VALLEY A Good Place to Lave CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 Ron Sitzlar Sitzlar Real Estate Development, LLC 1245 W. Hempstead Drive Eagle, Idaho 83616 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211- Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 881-5533 • FAX 888-6854 Re: Sparrowhawk Subdivision File Nos. AZ 00-024 and PP 00-026 Findings of Fact and Conclusions of Law and Development Agreement Dear Mr. Sitzlar, You should find enclosed a copy of the Findings of Fact and Conclusions of Law for each of the above -referenced applications as well as the original Development Agreement which is ready for your review and signatures of the appropriate parties. Once the signatures are obtained, please forward the Development Agreement to my office at the above address for placement on the next available City Council agenda for approval. If you should have any questions or concerns, please feel free to call. Sincerely, L� Ile'la Shelby E. Ug Deputy City Clerk enc. November 16, 2001 AZ 00-024 MERIDIAN CITY COUNCIL MEETING November 20, 2001 APPLICANT Hubble Engineering ITEM NO. 3-E REQUEST Development Agreement - Request for annexation and zoning of 20.20 acres from RT to C -G zones for Sparrowhawk Subdivision -- northeast corner of Nola and Franklin Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached signed Development Agreement OTHER: Contacted: �Cn SI A ZIii aK Date: Phone: 9 :�q -6s ,-ia Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE Wm. 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 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680.1150 TEL (208) 288-2499 FAX (208) 288.2501 December 4, 2001 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 RECET-VED William G. Berg, Jr. DEC a 7 2001 City of Meridian City of Meridian 33 E. Idaho City Clerk Offie` Meridian, Idaho 83642 Re: Ordinance No. 01-931, Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Sparrowhawlc Subdivision property, D. Arlene Stutzman, owner, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). Enclosure Z:\Work\M\Meridian\Meridian 15360M\Sparrowhawlc\C1erkSulnA7-OrdLTRdoc NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO 1. C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 01-931 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE FOR SPARROWHAWK SUBDIVISION An Ordinance of the City of Meridian granting annexation and zoning for land to be known as Sparrowhawk Subdivision property, D. Arlene Stutzman, owner, consisting of 20.20 acres with a zoning designation of C -G General Retail and Service Commercial District; and to provide for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description for Property A parcel of land located in the S1/2 of Section 8, T.3N., R.IE., B.M., Ada County, Idaho more particularly described as follows: Commencing at the SW corner of said Section 8 from which the SI/4 corner of said Section 8 bears North 89°37'00" East, 2645.88 feet; thence along the South boundary line of said Section 8 North 89°37'00" East, 661.20 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary line North 00001'53" East, 284.11 feet; thence North 89037'18" East, 331.00 feet; thence North 00001'53" East 198.00 feet to a point on the South boundary line of Locust Grove Industrial Park Subdivision as filed in Book 41 of Plats at Page 3391, records of Ada County, Idaho; thence along said South boundary line North 89°37'18" East, 1653.46 feet to the southeast corner of said Locust Grove Industrial Park Subdivision; thence along the North-South centerline of said Section 8 South 00000'17" West, 355.83 feet; AZ -00-024 A�. thence leaving said North-South centerline South 89°37'00" West, 100.00 feet; thence South 00000'17" West, 127.00 feet to a point on the South boundary line of said Section 8; thence along said South boundary line South 89037'00" West, 1884.69 feet to the Real Point of Beginning, containing 20.20 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of 2001. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Cleric \\NPA NTS40_PDC\SERVER_Z\Worlc\M\Meridian\Meridian 15360M\Sparrowhawlc\SUMAZOrd.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SITZLAR REAL ESTATE DEVELOPMENT, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 20.20 ACRES FOR A DEVELOPMENT OF A 3 -LOT COMMERCIAL SUBDIVISION TO BE KNOWN AS SPARROWHAWIC SUBDMSION, LOCATED AT THE NORTHEAST CORNER OF NOLA ROAD AND FRANKLIN ROAD, MERIDIAN, IDAHO QC 02-06-01 Case No. AZ -00-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 6, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Shawn Nickel, and appearing and testifying with comments and/or concerns was John Anderson, and the City Council having duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February 6, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 6, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 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 ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI< SUB. / (AZ -00-024) 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 of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 20.20 acres in size and is located at the northeast corner of Nola Road and Franklin Road. The property is designated as Sparrowhawk Subdivision. 6. The owner of record of the subject property is D. Arlene Stutzman, of Meridian, Idaho. 7. Applicant is Sitzlar Real Estate Development LLC., of Eagle, Idaho. 8. The property is presently zoned by Ada County as RT, and consists of residential and open ground. 9. The Applicant requests the property be zoned as C -G. 10. The subject property is bordered to the north by Locust Grove Industrial Park, by Greenhill Estates Subdivision in Ada County to the south, a Meridian school site to the east, a single family residence to the northwest, and city FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) limits of the City of Meridian are adjacent and abut to the north and east 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 is included within the Meridian Urban Service Planning Area. 13. The Applicant proposes to develop the subject property in the following manner: develop a 3 -lot commercial subdivision. 14. The Applicant requests zoning of the subject real property as C -G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The City Council appreciates and recognizes the concerns of Milo O. Elston who submitted a letter on January 3, 2001. IT 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 17.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 17.2 A condition of the Development Agreement shall be that development and use of each lot in this subdivision will occur only through the Conditional Use Permit process. 17.3 Due to the single-family use abutting Lot 1, Block 1, a minimum 25 - foot -wide planting strip, in accordance with City Ordinance 12-13, is required along the property lines abutting the residential lot and shall be a condition attached to this property in the Development Agreement. 17.4 A minimum 10 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the existing right-of-way line along the full North Nola Road frontage. 17.5 A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Franklin Road frontage. 17.6 A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Franklin Road frontage. 17.7 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 and 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. 17.8 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) r^ 17.9 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 17.10 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. 17.11 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 17.12 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 17.13 All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 (or subsequently adopted ordinance) of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 17.14 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 17.15 All construction shall conform to the requirements of the Americans with Disabilities Act. 17.16 The Applicant is aware that strip commercial development is prohibited, and therefore, Applicant shall be required to inform prospective buyers of the lots that clustered, off -set setbacks and creative design shall be encouraged and development representing any form of strip development is not allowed. Adopt the Recommendations of the Ada County Highway District dated February 6, 2001, and upon the completion of their review adopt any additional Recommendations in ACHD action to follow on or about February FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) 28, 2001. 18. 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. 17, 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. 17 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 General Retail and Service Commercial District (C -G) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) r property as Mixed/Planned Use Development. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) Plan and the zoning ordinance of the City to the subject application. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) { programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) i 4.B The Goals and Polices of the Comprehensive Plan that most directly apply to the proposed project are as follows: Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self- sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." Goal 9 is "to encourage a balance of land use patterns to insure that revenues pay for services." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages ... commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. Land Use 1.10U Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) should conform to disposal, spill and storage measures as outlined by the U.S. EPA. 4.3U Encourage new commercial development in under- utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14 Because these areas are near I-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. Natural Resource & Hazardous Areas 2.1U Development along major drainage ways will be restricted 'to ensure that development does not cause additional ground or surface water contamination. 3.1 U Manage and prevent unsuitable uses along drainageways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) Community Design 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots. ..etc. 5. The zoning of General Retail and Service Commercial District (C -G) is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C -G) General Retail and Service Commercial District: The purpose of the C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 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 3 -lot commercial subdivision. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI< SUB. / (AZ -00-024) City of Idaho Falls, 105 Idaho 65, 665 Ptd 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 pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) 1. The applicant's request for annexation and zoning of approximately 20.20 acres to General Retail and Service Commercial District (C -G) for the development of a 3 -lot commercial subdivision is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 20.20 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.2 A condition of the Development Agreement shall be that development and use of each lot in this subdivision will occur only through the Conditional Use Permit process. 3.3 Due to the single-family use abutting Lot 1, Block 1, a minimum 25 - foot -wide planting strip, in accordance with City Ordinance 12-13, is required along the property lines abutting the residential lot and shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI< SUB. / (AZ -00-024) a condition attached to this property in the Development Agreement. 3.4 A minimum 10 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the existing right-of-way line along the full North Nola Road frontage. 3.5 A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Franklin Road frontage. 3.6 A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Franklin Road frontage. 3.7 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 and 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. 3.8 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. 3.9 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.10 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. 3.11 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.12 A drainage plan designed by a State of Idaho licensed architect or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) r-� l engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on- site. 3.13 All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 (or subsequently adopted ordinance) of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 3.14 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 3.15 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.16 The Applicant is aware that strip commercial development is prohibited, and therefore, Applicant shall be required to inform prospective buyers of the lots that clustered, off -set setbacks and creative design shall be encouraged and development representing any form of strip development is not allowed. Adopt the Recommendations of the Ada County Highway District dated February 6, 2001, and upon the completion of their review adopt any additional Recommendations in ACHD action to follow on or about February 28, 2001. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -G) General Retail and Service Commercial District, and Meridian City Code § 11-7-2 K. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWI< SUB. / (AZ -00-024) appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. 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. 7% By action of the City Council at its regular meeting held on the 2 day of F -e 6�,, 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) VOTED VOTED _0�� VOTED* -"L- VOTED _4_ - Page 18 1 t MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 2--2-0 —01 MOTION: APPROVED: APPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: 2 2 L City Clerk Dated: msg/ZAWork\M\Meridian\Meridian 15360M\Sparrowhawk\AZFfClsorder.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ -00-024) Page 19 P F i ADA COUNTY HIGHWAYDISTRICT RECEIVED Planning and Development Division FEB 2 3 2001 Development Application Report CITY OF MERIDIAN Preliminary Plat — Sparrowhawk/MPP-00-026/MAZ-00-024 n/e/c Franklin Road/Nola Road This application has been referred to ACHD by the City of Meridian for review and comment. Sparrowhawk is a 3 -lot commercial subdivision on 20.20 -acres. The applicant is requesting a rezone from RT to C -G, and annexation into the City of Meridian. The site is located at the northeast comer of Franklin Road and Nola Road. This development is estimated to generate 1,445 new vehicle trips per day based on the submitted traffic study. Roads impacted by this development: Franklin Road Nola Road North-South Road (Machine Street) ACHD Commission Date — February 28, 2001 — 6:30 p.m. SparrovAliaw-k.cmm Page 1 r Facts and Findings: A. General Information Owner — Arlene Stutzman Applicant — Hubble Engineering RT - Existing zoning (rural transitional/residential) C -G - Requested zoning (general commercial) 20.20 - Acres 3 - Proposed building lots 0 - Total lineal feet of proposed public streets 1,445 - New daily vehicle trips 267 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Franklin Road Principal arterial Traffic count of 10,896 on 2-17-00 C -Existing Level of Service D -Existing plus project build -out Level of Service 1,850 -feet of frontage 80 -feet existing right-of-way (40 -feet from centerline) 120 -feet required right-of-way (60 -feet from centerline) Franklin Road is improved with 31 -feet of pavement with no curb, gutter or sidewalk abutting the site. Franklin Road is listed in the District's Five Year Work Program for reconstruction to a 5 -lane urban section in 2004. Nola Road Local/commercial street Traffic count of 5,755 on 2-17-00 240 -feet of frontage 50 -feet existing right-of-way 58 -feet required right-of-way (29 -feet from centerline) Nola Road is improved with 41 -feet of pavement with no curb, gutter or sidewalk abutting the site. The Nola/Franklin Road intersection is temporarily signalized until the widening of Franklin Road and improvements to Locust Grove Road. In the future the signal will be relocated to the intersection of Locust Grove/Franklin Road. Sparrowhawkxmm Paee 2 WAR North-South Road (Machine Street) Local/commercial street No traffic count available 30 -feet of frontage 30 -feet existing right-of-way north of the site This right-of-way was platted in 1977 as part of the Locust Grove Industrial Park, but the roadway was not constructed. B. A traffic study was submitted for the Sparrowhawk Subdivision. The key findings of the .�. traffic study include the following: • The proposed development will be located north of Franklin Road and east of Nola Road. The subdivision includes three lots. • The conceptual project site is proposed to include a 2,000 sq. ft. convenience Market (with fuel sales), a 64,000 sq. ft. general office building, and a 64,000 sq. ft. Mini Warehouse (storage unit). These values are estimated only for the purpose of this traffic analysis. • The convenience market (with fuel sales) on the site will generate 2,340 daily vehicle trips (585 new trips) or 190 vehicle trips (50 new trips) during the PM peak hour. ,. Approximately 75% of the trips generated by the convenience market will be pass -by stops, not new trips. • The general office building on site will generate 700 daily vehicle trips or 100 vehicle. maw trips during the PM peak hour. 100% of the trips generated by the general office building are assumed to be new trips. • The mini warehouse (storage unit) on site will generate 160 daily vehicle trips or 20 vehicle trips during the PM peak hour. 100% % of the trips generated by the mini warehouse are assumed to be new trips. • N. Nola Road and the intersection of Franklin Road and N. Nola Road operate at an acceptable level of service under existing conditions. However, current traffic counts show that Franklin Road is approaching capacity and it will operate at capacity in the year 2003 (the build year) with just the background traffic. The intersection of Franklin Road and Eagle Road is also capacity under existing conditions. ■ N. Nola Road is operating at a LOS C or better (under capacity) under existing conditions. ■ The intersection of Franklin Road and N. Nola Road in under capacity (v/c ratio = 0.71) under existing conditions. ■ Franklin Road is operating at a LOS E/F (approaching capacity/at capacity) under existing conditions. The implementation of a third lane is wan -anted for Franklin Road to operate under capacity under existing conditions. ■ The intersection of Franklin Road and Eagle Road is over capacity (v/c = 1.18) under existing conditions during the PM peak hour. The implementation of right -turn lanes on the westbound, northbound, and southbound lanes, and the implementation of an additional left -turn lane on Sparrov hawk.cmm Page .. the eastbound and westbound are recommended in order for the intersection to operate under capacity (v/c ratio= 0.94). The build out of the proposed development will have the following affects: • N. Nola Road will continue to operate at a LOS C or better and Franklin Road will operate at a LOS D or better under existing plus project conditions (with the implementation of a third lane warranted under existing conditions). • The intersection of Franklin Road and N. Nola Road will continue to operate under capacity (v/c ratio= 0.76) under existing plus project conditions • The intersection of Franklin Road and Eagle Road will continue to operate under capacity =.,. (v/c ratio = 0.95) under existing plus project conditions with the Implementation of the additional lanes that are warranted under existing conditions. • The Ada County Highway District should review the need for the extension of Machine Drive to Franklin Road. • An examination of the ACHD Policy Manual (Figures 72-174 & 72-175) indicates that site driveway may be located as follows: • Nola Road: One driveway may be located a minimum of 175 feet north of the intersection with Franklin Road. This spacing is for full access driveways. • Three driveways may be constructed on Franklin Road. The transportation analysis has identified the following recommendations: Construct a third lane on Franklin Road. This improvement is warranted under existing conditions in order for Franklin Road to operate at an acceptable level of service. Construct right -turn lanes on the westbound, northbound, and southbound lanes, and an additional left -turn lane on the eastbound and westbound lanes at the Franklin Rd./Eagle Rd. intersection. These improvements are warranted in order for the intersection to operate at an acceptable level of service under existing conditions. The applicant and the Ada County Highway District should review the benefits of constructing the entrance to the mini warehouse (lot 3) to line up with Weatherby Drive. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Spa rrowhawk. cmm Pa -e 4 ■ The driveways closest to the intersection with N. Nola Road may be located a minimum of 440 -feet from the intersection. This spacing is for a full access driveway. With the planned extension of Locust Grove Road to Franklin Road, it is anticipated that the Franklin Road/N. Nola Road intersection will change to a now stop -controlled intersection. If and when this is the case, a minimum spacing of 220 -feet from the intersection is adequate. ■ One full access driveway may be located aligned with or offset a minimum of 185 - feet from Weatherby Drive. ■ The full access site driveways may be located a minimum of 185 -feet from each other or any other driveway. The transportation analysis has identified the following recommendations: Construct a third lane on Franklin Road. This improvement is warranted under existing conditions in order for Franklin Road to operate at an acceptable level of service. Construct right -turn lanes on the westbound, northbound, and southbound lanes, and an additional left -turn lane on the eastbound and westbound lanes at the Franklin Rd./Eagle Rd. intersection. These improvements are warranted in order for the intersection to operate at an acceptable level of service under existing conditions. The applicant and the Ada County Highway District should review the benefits of constructing the entrance to the mini warehouse (lot 3) to line up with Weatherby Drive. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Spa rrowhawk. cmm Pa -e 4 .,. D. The applicant should be required to locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. E. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk abutting the parcel on Franklin Road. This segment of Franklin Road is in the Five Year Work Program for widening. Due to the large amount of frontage, staff recommends that the applicant be given two options: 1. Provide a $37,000 deposit to the Public Rights -of -Way Trust Fund for the cost of . constructing a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 1,850 -feet) prior to District approval of a final plat. OR 2. Construct a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel Coordinate the location and design of the sidewalk with District staff. F. District policy allows three driveways on arterial streets for sites with frontages greater than 600 - feet. The proposed subdivision has approximately 1,850 -feet of frontage on Franklin Road. Staff recommends that a maximum of three driveways be approved on Franklin Road. This should be noted on the final plat. District policy requires driveways on Franklin Road to align or offset a minimum of 185 -feet from any existing or proposed driveways or streets on both the north and south side of Franklin Road. Driveways on Franklin Road should also be located a minimum of 440 -feet from Nola Road for full access, and 220 -feet for right-in/right-out access. Staff recommends that the main driveway to Lot 3 be aligned with Weatherby Street on the south side of Franklin Road. As the applicant develops the subdivision, ACHD should review the proposed site plans for driveway location. The site has sufficient frontage to meet district policy on driveway locations and no modifications of policy should be necessary for access to this property. G. To reduce the number of access points on Franklin Road, staff strongly encourages the applicant to provide a recorded cross access easement among the parcels within the subdivision, and to the parcels to the west. H. District policy requires the applicant to construct curb, gutter, 5 -foot wide concrete sidewalk and match paving on Nola Road abutting the parcel. Improvements shall be constructed to one-half of a 40 -foot street section. The applicant should construct one driveway on Nola Road located a minimum of 175 -feet north of Franklin Road. The applicant should be required to pave the driveways their full width of 24 to 30 -feet and at least 30 -feet into the site beyond the edge of pavement of Nola Road and Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. K. The north -south right-of-way (Machine Street) abutting the north property line is not improved. There is 30 -feet of existing right-of-way from Lanark Street to this sites north property line. Sparrowhawk.cnim Page 5 .� There is a building located approximately 30 -feet to the east of the existing right-of-way where the additional right-of-way would be acquired if this road were extended. This applicant could not extend Machine Street because there is only 30 -feet of right-of-way, and 42 -feet of right-of- way would be required to construct one-half (plus 12) of a 40 -foot street section. This applicant is proposing to utilize that portion of the site for mini -storage units, and a local/commercial street would not be warranted with that use. Staff does not recommend extension of Machine Street. L. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. M. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. N. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a ;,. boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. O. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report, upon completion of the widening of Franklin Road, and improvements to the Eagle/Franklin Road intersection. Special Recommendation to City of Meridian: To reduce the number of access points on Franklin Road, staff strongly encourages the applicant to provide a recorded cross access easement among the parcels within the subdivision, and to the parcels to the west. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. Sparrowhawk.cnvn Noe 6 F 3. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is fonned with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 60 -feet of right-of-way from the centerline of Franklin 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 will 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. 2. Dedicate 29 -feet of right-of-way from the centerline of Nola 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 will not be compensated for this additional right-of-way because is a local street and is to be brought to adopted standards by the developers of abutting properties. Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 4. Provide a $37,000 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 1,850 -feet) prior to District approval of a final plat. OR Construct a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel. Coordinate the location and design of the sidewalk with District staff. 5. A maximum of three driveways shall be approved on Franklin Road for the subdivision. This shall be noted on the final plat. Spa rrow-hawk.cmm Pa, -,e 7 r 6. Driveways on Franklin Road shall align or offset a minimum of 185 -feet from any existing or proposed driveways or streets on both the north and south side of Franklin Road. Driveways on Franklin Road shall also be located a minimum of 440 -feet from Nola Road for full access, and 220 -feet for right-in/right-out access. The main driveway to Lot 3 shall align with Weatherby Street on the south side of Franklin Road. 7. ACHD shall review the proposed site plans for driveway locations upon development of the individual lots. r 8. Construct curb, gutter, 5 -foot wide concrete sidewalk and match paving on Nola Road abutting the parcel. Improvements shall be constructed to one-half of a 40 -foot street section. 9. One driveway on Nola Road shall be approved at a location a minimum of 175 -feet north of Franklin Road. 10. Pave the driveways their full width of 24 to 30 -feet and at least 30 -feet into the site beyond the edge of pavement of Nola Road and Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 11. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 12. Other than the access points specifically approved with this application, direct lot or parcel access to Franklin Road and Nola Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written maw request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall Spa rrowhawk.cn-un Pa 2e 8 .� specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the PAW Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. S. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. N 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Sparrowhawk.cmm Page 9 r I-. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Commission Action: Sparrowhawkxmm Page 10 February 1, 2001 AZ 00-024 MERIDIAN CITY COUNCIL MEETING February 6, 2001 APPLICANT Hubble Engineering ITEM NO. 14 REQUEST Annexation and zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision - northeast corner of North Nola Road and East Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached P&Z Item Packet See attached Recommendation Date: 'S-- d00 Phone: - ?W2 Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON r,R E'C.I TED JAN 18 ap BiAi'(,'US OFFICE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, I X.O� RERIDIAN KEVIN E. DINIUS JuLiE KLEIN F1sc�t CHIUSTOPHER S. NYE PHILIP A. PmRsON ATTORNEYS AT LAW NAMPA OFFICE IC Wm. T GJOHNS N J. JOHNSON ERIC S. RosssmN TODD A.. 200 EAST CARLTON AVE., SUITE 31 5700 E. FRANKLIN RD. E 200 NAMPA, IDAHO 83687-8420 D. SA JoxivsoN DAVID SwARTL POST OFFICE 80X1150 TEL. 208 466-9272 �OS )4664405 LA RYD, LARRY D.IoIooRE TERRENCER WHITE* C K WHITE" MERIDIAN, IDAHO 83680-1150 FAX ( ) WI.LIA1t A. MORRow NICHOLAS D. WOLLEN WILmAm F. NICHOLS* TEL (208) 288-2499 PLEASE REPLY TO *Also admitted in OR FAx (208) 288*2501 E-MAIL: QwPPatO.coM MERIDIAN OFFICE ** Also admitted in WA January 16, 2001 RECEIVED JAN 18 2001 To: Staff Applicant CITY OF MERIDIAN Affected Property Owner(s) Re: Application Case No. AZ -00-024 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the 'City Council at the public hearing on the above referenced matter by the Planningand Zoning Administrator. Due to the volume of matters which the City Council must decie, and to insure your position is understood and clear, it is im ortant to have a consistent format by which matters are presented at the public hearings befPore the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planriing and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copes will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is stron 1y recommended that one Position Statement be filled out for the group, which can be signe by the representative for the group. Very truly yo rs, City Attorney's 1 e ly r. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 20.20 ACRES FROM RT TO CG FOR SPARROWHAWK SUBDIVISION BY SITZLAR REAL ESTATE DEVELOPMENT, LLC Case No. AZ -00-024 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 20.20 acres in size and is located at the northeast corner of Nola Road and Franklin Road. The property is designated as Sparrowhawk Subdivision. 2. The owner of record of the subject property is D. Arlene Stutzman, of Meridian, Idaho. 3. Applicant is Sitzlar Real Estate Development LLC., of Eagle, Idaho. 4. The property is presently zoned by Ada County as RT, and consists of residential and open ground. S. The Applicant requests the property be zoned as C -G. 6. The subject property is bordered to the north by Locust Grove Industrial Park, by Greenhill Estates Subdivision in Ada County to the south, a Meridian school site to the east, a single family residence to the northwest, and city limits of the City of Meridian are adjacent and abut to the north and east of the subject RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - SPARROWHAWK SUBDIVISION - SITZLAR REAL ESTATE DEVELOPMENT, LLC. property. 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel is included within the Meridian Urban Service Planning Area. 9. The Applicant proposes to develop the subject property in the following manner: develop a 3 -lot commercial subdivision. 10. The Applicant requests zoning of the subject real property as C -G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The Planning and Zoning Commission appreciates and recognizes the concerns of Milo O. Elston who submitted a letter on January 3, 2001. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - SPARROWHAWK SUBDIVISION - SITZLAR REAL ESTATE DEVELOPMENT, LLC. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 1.2 A condition of the Development Agreement shall be that development and use of each lot in this subdivision will occur only through the Conditional Use Permit process. 1.3 Due to the single-family use abutting Lot 1, Block 1, a minimum 25 - foot -wide planting strip, in accordance with City Ordinance 12-13, is required along the property lines abutting the residential lot and shall be a condition attached to this property in the Development Agreement. 1.4 A minimum 10 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the existing right-of-way line along the full North Nola Road frontage. 1.5 A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Franklin Road frontage. 1.6 A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Franklin Road frontage. 1.7 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 and 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. 1.8 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 RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - SPARROWHAWK SUBDIVISION - SITZLAR REAL ESTATE DEVELOPMENT, LLC. January 2, 2001 AZ 00-024 MERIDIAN PLANNING & ZONING MEETING January 4, 2001 APPLICANT Hubble Engineering ITEM NO. 13 REQUEST Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision Northeast corner of Nola Road and Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE, INC: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: COMMENTS See attached comments See attached comments No comment MFD will not have a problem with this annexation No Remarks No comment No comment at this time t/ (� No objections to this proposal No comment on the annexation and zoning INTERMOUNTAIN GAS: OTHER: GLt-fP1Ctr 1 Ct Contacted: �n,+� t_J "_C�t, Date: a Phone: Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY ,L\YOR A Good Place to Live ^ LEGAL DEPART,IENT Robert D. Corrie t�ITY OF MERIDIAN (-'08) 288-2499 • Fax 288-2501 CITY C0LNCIL vIEvIBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 ('-p8) 887-2211 Fax 887-1297 Tanany deWeerd (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING Cherie ,McCandless City Qerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - FAX 888-6854 MEMORANDUM: December 29, 2000 To: Planning & Zoning Commission/Mayor & City Council �£C �� From: Bruce Freckleton, Assistant to City E in �- tyy of 2'9 ZOpp Brad Hawkins -Clark, Planner . ��e ker1�i Of ace Re: Request for Annexation and Zoning of 20.20 Acres from RUT (Ada County) to C -G (General Commercial) by Sitzlar Real Estate Development, LLC (File #AZ 00-024) - Request for Preliminary Plat for Three (3) Commercial Lots on 20.20 Acres for Proposed Sparrowhawk Subdivision (File #PP -00-026) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY These applications propose to annex and plat two (2) existing parcels for a new, three -lot commercial subdivision on East Franklin Road. There is an existing residence and three accessory structures on the one (1) -acre parcel. The 19 -acre parcel is undeveloped. The Applicant is not proposing any specific uses for the property at this time. The property falls within the Mixed/Planned Use Development area of the Comprehensive Plan and, therefore, all future uses will require a Conditional Use Permit and will need to meet any conditions placed on the subject annexation and preliminary plat applications. ACHD has not prepared a staff report on this project to date. ACRD staff notified the Applicant at the Tech Review Meeting on 12-15 that a traffic impact study was required before they would finalize their report. As of 12-28, ACHD had not received the traffic study and they won't have a staff report until after it has been received and reviewed. LOCATION The property address is 1960 E. Franklin Road, located at the NE corner of Nola Road and Franklin Road. The subject property has approximately 1,880 feet of frontage on Franklin Road. SURROUNDING PROPERTIES North - Seven (7) lots in Locust Grove Industrial Park, zoned I -L, abut the north property line. All seven lots are built -out. Some of the existing businesses include Tyco, NW Machine & AZ -00-024, PP -00-026 Sparrowhawk Subdivision.AZ.PP Mayor, Council and P& December 29, 2000 Page 2 Manufacturing, ABCO and the MSD Central Receiving Building. These lots are separated from the subject parcel by a combination of barb wire and chain link fences. South — Nine (9) residential lots in Greenhill Estates Subdivision are on the south side of Franklin Road, zoned Rl (Ada County). Three (3) other Ada County parcels, zoned RUT, are to the west of Greenhill Estates and have single-family residences. East — The Meridian School District owns a 12.5 -acre parcel that abuts the east boundary of this parcel. The northern half of this parcel is the Meridian Academy school site and the southern portion of the parcel is undeveloped. The Wooden Nickle bar/restaurant occupies the small out - parcel shown on the plat in the SE corner. West — A single family residence, zoned RUT (in Ada County), is situated on a 1.5 -acre parcel at the NW comer of proposed subdivision. A vacant, 8.5 -acre parcel owned by Arthur Berry and Doug Tamura, zoned C -G (Meridian), is at the NWC of Nola and Franklin, directly west of subject site. CURRENT OWNER OF RECORD Dee R. Lynn is the current property owner and has submitted notarized consent for both applications. ANNEXATION AND ZONING GENERAL COMMENTS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The requested zoning of C -G is compatible with the Comprehensive Plan Land Use Map designation of Mixed/Planned Use. The subject property is within the Urban Service Planning Area. 3. Essential City services are available to the subject property. 4. The Applicant's cover letter states that he's willing to have a maximum time limit placed on the subdivision that governs when the lots must be developed. Ordinance 12-2-4 states that property owners have one year from preliminary plat approval to file a final plat application and one year after final plat approval to begin construction of the public utilities and one year after that to complete construction. As long as the Applicant understands this ordinance includes construction of the street buffer landscaping (as well as all other utilities), Staff does not feel that an additional time limit for construction of the buildings is necessary. Development will be governed through the CUP process. SITE SPECIFIC ANNEXATION REQUIREMENTS Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. A condition of the Development Agreement shall be that development and use of each lot in this subdivision will occur only through the Conditional Use Permit process. AZ -00-024, PP -00-026 Sparrowhawk SubdivisionAZYP Mayor, Council and P&." December 29, 2000 Page 3 3. Due to the single-family use abutting Lot 1, Block 1, a minimum 25 -foot -wide planting strip, in accordance with City Ordinance 12-13, is required along the property lines abutting the residential lot and shall be a condition attached to this property in the Development Agreement. 4. A minimum 10 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the existing right-of-way line along the full North Nola Road frontage. 5. A minimum 35 -foot -wide landscape street buffer, platted as a separate common lot, shall be required beyond the future right-of-way line along the full Franklin Road frontage. 6. A detached sidewalk with a minimum 5 -foot -wide planter strip between the curb and sidewalk shall be required along the Franklin Road frontage. GENERAL ANNEXATION REQUIREMENTS 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 will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. 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. 5. Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. AZ -00-024, PP -00-026 Sparrowhawk Subdivision.AZ.PP Mayor, Council and P&"' December 29, 2000 Page 4 7. All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 (or subsequently adopted ordinance) of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. PRELIMINARY PLAT SITE SPECIFIC REQUIREMENTS 1. 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. Water service to this development is contingent upon positive results from a hydraulic analysis from our computer model, and, if necessary, additional main looping may be required. 2. Underground pressurized irrigation must be provided to all landscape areas on site. Due to the size of the landscaped areas, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. The preliminary plat map does not indicate the irrigation source or proposed service or pump locations. Applicant must submit a revised plat prior to the City Council hearing showing service locations and source for the irrigation water. The irrigation pump station for the subdivision must be located on a common lot, designated as such on the plat. 3. 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. Applicant should clarify this in writing prior to the public hearing. 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, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 4. Please explain in detail the purpose of the existing ponds and what the plans are for their future treatment and/or use. 5. Applicant must submit a revised plat showing the correct 48 -foot -wide right-of-way dedication on Franklin Road (versus the 66 feet currently shown). 6. Add a note to the plat that a permanent cross access easement between Lots 1-3, Block 1, is in effect for this subdivision (per ACHD's requirements). AZ -00-024, PP -00-026 Sparrowhawk Subdivision.AZ.PP Mayor, Council and P&," December 29, 2000 Page 5 7. There is a slight discrepancy between the Assessor's basemap and the lot lines shown for the residential parcel in the NW corner of the plat. The Assessor's data shows the residential parcel's north and south boundaries at an angle in relationship to the Locust Grove Industrial Park's boundary — not a match line, as shown. Applicant should modify the plat to reflect the correct lot lines and submit a revised plat prior to the City Council hearing. 8. Three (3) copies of a detailed landscape plan for the two street buffers and Lot 1, Block 1 land use buffers, including a detailed fencing plan, shall be submitted for review and approval with submittal of the final plat application. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. A mix of tree species is required per Ordinance 12-13. 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 City signature on the Final Plat. All required landscaping shall be constructed prior to issuance of certificates of occupancy for future buildings. All perimeter fencing shall be installed prior to applying for building permits (see Condition #10 for further fencing requirements and details). 9. There are several large, existing trees on site. Per Ordinance 12-13, mitigation is required for all existing trees four (4) inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site. As an example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees or five (5) 4 -inch caliper trees. Existing prohibited trees within the street buffer or parking lot need not be mitigated for if they are removed. Existing dead, dying, or hazard trees need not be mitigated for if they are removed. The City of Meridian Parks Department arborist shall certify any dead, dying, or hazard trees prior to removal Trees that are required to be removed by another governmental agency having jurisdiction over the project need not be mitigated for. 10. The Franklin Road landscape buffer shall be a minimum of 35 feet in width beyond the required ACRD right-of-way and constructed by the developer as a condition of the plat. The Nola Road landscape buffer shall be a minimum of 10 feet in width. The landscape buffers shall be placed in common separate lots. Fencing is not to encroach upon these buffers. Applicant must submit a revised plat showing the landscape lots as separate common lots, with a plat note that they will be maintained by a business -owner's association and/or the developer. 11. The plat calls out an existing fence around the perimeter of the property. The Applicant should clarify his intentions with regard to fencing of the subdivision. The existing fence is a combination of barbed wire and chain link. Ordinance 12-4-10 allows barbed wire fences in commercial districts only when used as the top section of security fences. If the barbed wire fences are within the boundaries of subject plat, they must be removed at the time of lot development. If the Applicant's intent is to provide consistent perimeter fencing, details of location and construction materials must be submitted with the final plat application (as noted in condition #7). If permanent perimeter fencing is not planned by the Applicant, fencing details may be handled under the CUP applications for each lot. AZ -00-024, PP -00-026 Spwowhawk Subdivision.AZ.PP Mayor, Council and P&: December 29, 2000 Page 6 12. Please submit groundwater monitoring data since the date of the original test hole/perforated pipe installation. 13. Please reply in writing to these comments by 12:00 noon on Tuesday, 1-2-01. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office within ten days after the P&Z Commission public hearing. PRELIMINARY PLAT GENERAL REQUIREMENTS Submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance 12-5-2.K. 4. All construction shall conform to the requirements of the Americans with Disabilities Act. 5. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance No. 12-4-13, except as provided for under site specific requirements. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic ondomestic purposes such as landscape irrigation. 7. Underground year-round pressurized irrigation must be provided to all common landscape areas on the site. 8. Two -hundred -fifty watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 9. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 10. Assessment fees for water and sewer service will be determined during the building plan review process. AZ -00-024, PP -00-026 Sparrowbawk Subdivision.AZ.PP such as landscape irrigation. 1.9 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.10 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 -I3 -4.C. and 12-5-2.M. 1.11 Off street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 1.12 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 1.13 All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 (or subsequently adopted ordinance) of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 1.14 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.IC 1.15 All construction shall conform to the requirements of the Americans with Disabilities Act. Z:\Work\MWeridianNeridian 15360M\Re--ndations\Az024Sparrowhawk.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - SPARROWHAWK SUBDIVISION - SITZLAR REAL ESTATE DEVELOPMENT, LLC. Mayor, Council and P&'~ December 29, 2000 Page 7 RECOMMENDATION Staff recommends approval of the Annexation and Preliminary Plat applications with the above conditions. However, until a final staff report is received from ACHD and the number of allowable ingress/egress access points on to Franklin are determined, we recommend both applications be tabled. [Staff does want to point out that Comprehensive Plan policies #1.5 (Economic Development Chapter), #1.3.a (Land Use Chapter) and #5.12 (Land Use Chapter) all prohibit "strip commercial" development. The Applicant should be aware of this and inform prospective buyers of the lots that clustered, off -set setbacks and creative design will be encouraged and development representing any form of strip development will be strongly discouraged.) COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goal 3 is "to encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." Goal 9 is "to encourage a balance of land use patterns to insure that revenues pay for services." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages... commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. Land Use 1. l0U Promote the design of attractive roadway entryway areas into Meridian which will clearly identify the community. 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. EPA. AZ -00-024, PP -00-026 Sparrowhawk Subdivision.AZ.PP Mayor, Council and P&.''~ December 29, 2000 Page 8 4.3U Encourage new commercial development in under-utilized existing commercial areas. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14 Because these areas are near I-84 and Franklin Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. Natural Resource & Hazardous Areas 2.lU Development along major drainage ways will be restricted to ensure that development does not cause additional ground or surface water contamination. 3.lU Manage and prevent unsuitable uses along drainageways and protect the flood plain of creeks and drains. 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. Community Design 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. 2.1 U Require businesses and government to install and maintain landscaping. 2.3U Encourage the beautification of streets, parking lots ... etc. AZ -00-024, PP -00-026 Sparrowhawk Subdivision.AZ.PP RX°ESD JAN - 2 2001 City of Meridian City Clerk Office January 2, 2001 Will Berg, City Clerk City of Meridian 333 East Idaho Meridian, ID 83642 Re: Annexation and Zoning for proposed Sparrowhawk Subdivision. Dear Mr. Berg: My name is John P. Anderson, my wife and I have a residence located adjacent to the northwest side of the above-mentioned proposed development. Our address is 120 N. Nola Road; my concern is a couple of things. One being that the proposed plat that I have seen does not depict where my property lines actually lay. I would like to see this corrected before the City allows this annexation and zoning to take place. I have enclosed a copy of my legal description for your review. My next concern is that the developer protect the delivery system which comes to not only my residence but also travels to the west. This system is known as the Barker Lateral, which is owned and operated by the waterusers, starting at Eagle Road going west. The point of beginning would be approximately the northwest corner of St. Luke's hospital to the north being the Evans Drain which is near the railroad tracks and to the west approximately '/. miles west of Nola Road all the way down to the Evans Drain. This is a very large system that needs to accommodate approximately 250 miner inches of water. This water could come down this ditch anytime in the later part of March or early April therefore any construction work must be completed preferably no later than March 15. This particular ditch serves not only as a delivery system but also as a ditch in the case of an emergency all the water from the lateral comes down and back into the Evans Drain or Fivemile Drain. This is the point at which it ends, there is no way to shut this off except out of the main head gate of the Ridenbaugh Canal which would effect far more people than the 100 or so users that currently use it, as this lateral services several other lands upstream from where we are located. I would like to opportunity the address the irrigation lateral changes for the waterusers as they become available. Please have the developer forward any information prior to construction so it can be reviewed. Thank you for your consideration, please feel free to contact either my wife or myself if you feel further discussion is required. Sincerely, John P. Anderson and Dorothy J. Anderson 120 N. Nola Road Meridian, ID 83642 (208) 888-2557 TAXROLIJAN 01 101 09:24PM NAMPA & MERIDIAN IRRIG RRTGATION: DIS,TKTC_ P . 2/5. G �' 1 1-�ASS'ESSMENT NUMBER REPORT,—'**, •Assessment #k,: 491 B-- - -----____.----...--- Current Year Tax Roll' ------------ ------------------ H, Y " Mail AN'0-rR$ON, JO -HN P 120 PJ NOLA RU Date Changed: 10--Ndov_-99 KER101AN, XD 83'6•42-5.9.9.2 County: ADA Co,unty Parcel W: S11093'36120 Tax Deed Year: Water Rfght Charrg•e: Instrument #k:- LID Debt" N-0, Water Rights 2000 Irrigation Tax Ridenbaugh Miners 'In 0.93 WWyyyWy Assessment txpense1.0.00 Pl,denba-u-qhr Acres 1.40: D'i'strict Drain -a 9:e 1.4.D W>w York Drainage /acres .0.a:O �Ridenbaugh Mai-nt 37.99 Settlers Qrainage Acrr?s 0.0.0• Projact H'& -int 1.61 Arrowrock Ac -ft 0_,00 Urban Iir-rigatiQ-n .0.00 Prode'ct Ki:ners In 0.00. And:ers-n•n• D -am• Onnst 0.0,0 Pi-Oject Acres 0--0:Q Praj -Ct AC -'Pt G.0'0 1st paylle-nt page Paid 25.51 Ridenba-ugh Ac -ft 1.440 2nd Payment 25.49 Actua•'T acres 0.Q'O Total, 81-.00: 15-N.ov,-01 Legal Description: COM SUP COA S.W. QTR S,W QTR, SCC 8 3-N 1E, TH E 666.9:5 FT, TH N- 0* 08' W 284.2 FT TO 'RP 5; TH CON'T -N 0*08° W 1'9'8.9 FT, TH 5 86* -38' E 31 FT', TH S, 0*08 E 195.9 FT, TM. N 86*2.81 W 3 3. 1 FT TO 8EG Fir Volub lu ceived WARRANT? DURD 1385001132 Millim f. c2ark and Janat D. Clack, hLmband aid w; fe, tts Dsait�pCs, do hereby,► Vmt, fin. sell, and mtvey unto ,Wn P, 7Vx3m-am Z1.Xdarwn mdb" and Wife, tha Drantems, %#rise aurerrt addrWO is lei fm-th I.Gtwe. �,^a�+�,. Id, 53642 tho foLluding daucrib d p anima, to -At INDEXED See attach E5d1i.. t 'A" her aw arrd irdoau-ab�d harsh by this zefei'mm. 9213?32 ADA C '%TY. I4. FOR FIRST AMERICAN TITU 0. J. DAVID f AVARRO Rt:CORD€R BY C�� 192 re 1 6 pn 4 10 m mg " Rd m= tf,e e0id grot"w. with their appuraworces uftu the mid Ormtees, t rair hairs and aseigt9 forever. Ard the said Grant= do hereby CEPA dent to and with the said Q atibmw, ttat they are the criers in fee siROS Of Mid prsniaw: that said pmam e3a ase free fxcm all eroAtza"s wCAPt anent yGers taxes, levies, and ems m*nt s, end ONOWt U. S. Patal rlaeervoti,-ns, restricticM. ene mit s of rec=d, acid awom nt s vinihl.e LVOf1 the p[IBnd. W, and that ttw wial war2wnt and clafrnd the eine fr m 011 claims %hetsa wa r. Dated: March 6, 1942 Alia, F. Clark STA*M Cr =AM ) � � ' , C70wrt of Ar A ) .fw of M a3j, 1992, bfafom me, a Notary Public in and fm valid S1�te, pm,ornlly agxarerd WIL11 M F. C'1J4fif( AND JMO- D, CLARK, k r w to me to tho parg7n %xM narrj�!s are $&Gcrtbed to the wi#rin ina and atiGtat to mo that they excn,ted the sane. Nnary PakliO. AEAidirq atgoi ;:l d , Ctmnt bion >�jses: §/27 Z �_ ..• X11 11.� ~ First American Title Company of Idaho LSI•! V 1} bAft A PM=l Of L" In the East half of tha Swthmmt QLHWtEW Of tts SOLrdbwt qL=uw ct smaUm 8, Towrehip 3 North, R=Va t East, F3aise Maridian, Ma CaunW, Lkmo, mom perUcularly dag=lbad as folk m: BegUmAng art the SoutNast con= of SB=Um 8. TcwrWT4 3 No-th, Range I Fist, poLm 1.rd �r••, thwgm East almV thm SmAh bpxdoxy of said $&=Un 8 mk dtwtmvxs of 666.95 fast to an InbKoction with the canimlina of Nwth--outh Oxnty Wad, QUch OwAvirlire is the wwt WW40:v Lim of the East qmrtwc of the sajub"t q4mrbw of tts awduast qt=bw, Sectim IBY thmm N=th 01*081 Wwt 284.2 fewt slay tto cantiwlim of said amzity Pend to tha RML FOM or HMINKM; thwm South SV38' Emst 331.0 feet to an irm uta>cs; thwce N=th 010081 wast 198.9 feet to an lxm utmM; tkonm North 86038I WDat 331.0 fest to an inbwwm=ticn with the contEWlina of tho County Medi therce OULIth 41-061 EWt IW.9 feat A1QFV the OWTtMWliF* Of the Oxmty Pxd to the PLACK Cr885DOWG. MCMT ditch and road rights.,<A-wey. jL vtjc 7I JAN 01 '01 09:25PM NAMPA�,-MERIDIAN IRRIG � U ebb+ IV B 9a . - err.=�. �;;�� .. aQ�C 3-.•�.. Lc7CLL!a� (Sr Ooc- M-r\du5tr iQl -Par fFIPA 1lrl- /!J 4 - A) :J J. 1 MILO O. ELSTON 1 / 12610 West View Ridge Dr. 1 \ Boise, Idaho 83709 208-321-8188 January 3, 2001 City of Meridian Planning and Zoning Commission 200 East Carlton Ave. Suite 201 Meridian, Idaho 83642 RE: Proposed Sparrowhawk Subdivision Dear Members of the Commission: J4 jty H�Z) 'tv rte��ri 1Q�� s As owner of two acres, located at 2161 Lanark, I am concerned about the rezoning and development of 20.20 acres for proposed Sparrowhawk Subdivision. For the last 10 years my property has been leased by Abco, Inc., which fabricates reinforcing steel and light manufacturing. I purchased this property for the sole purpose of leasing to ABCO, INC. with the understanding that the surrounding property was commercially zoned. My concern is that the noise generated by cranes, equipment and traffic may affect the new occupants of the subdivision. There are several businesses on this street and immediate area that have the potential of annoying noise and activity to a residential subdivision. A second area of concern is the value of the commercial property. Commercial property with residential property in the close proximity has a restricted market. The potential of traffic and noise complaints with subsequent ordinances and restrictions is a big concern to the property owners that have invested many years and dollars in property and businesses. When investing in property, whether it is commercial or residential, the property owner should be able to depend on zoning protecting their rights. The commercial property purchased in this area was purchased with the understanding that because of the specific zoning of the surrounding area it would not be affected by the business activities associated with commercial use. Thank you for your consideration. SiMely, Milo O. Elston �C�I�Tl January 02, 2001 1J JAN - 4 2001 City of Meridian Meridian City Council City Clerk Office City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 RE: Sparrowhawk Subdivision — Planning and Zoning Review Comments Dear City Council; In regards to the comments submitted on December 29, 2000 by the City Staff for Sparrowhawk Subdivision annexation, rezone and preliminary plat, please except the following reply to those comments. Site Specific Annexation Requirements 1. OK 2. OK 3. OK 4. OK 5. OK 6. OK 7. OK 8. OK 9. OK Preliminary Plat Site Specific Requirements 1. OK 2. OK 3. Pressurized irrigation system to be owned and maintained by Nampa -Meridian Irrigation District 4. The existing ponds located on the site are a result of irrigation water that is captured from the gravity system through the property and held. The future plans are to relocate the ditch and remove the ponds and rehabilitate the areas. 5. OK, to be provided to the Staff prior to City Council meeting 6. OK, to be noted on revised preliminary plat and resubmitted to staff prior to City Council meeting '-.' ►-�. 7. OK, this has been completed and will be submitted prior to staff prior to City Council meeting 8. OK 9. OK 10. OK, to be noted on revised preliminary plat and resubmitted to staff prior to City Council meeting 11. OK, to be handled as part of the CUP for each individual use 12. OK 13. OK Preliminary Plat General Requirements 1. OK 2. OK 3. OK 4. OK 5. OK 6. OK 7. OK 8. OK 9. OK 10. OK Please include these comments as part of the application for Sparrowhawk Subdivision. Please contact me if any questions may arise. Sincerely, Shawn L. Nickel Representative for Sitzlar Real Estate Development, LLC .4- JULIE KLEIN riscwFA'"`�' Wm. F. GIGRAY, III BRENT J. JOHNSON D.SAMUELJOHNSON LARRY D. MOORE WILLIAM A. MORROW WILLIAM F. NICHOLS* Also admitted in OR •+ Also admitted in WA BEFORE THE PLANNING AND ZONING COMMISSION NYE TODD A RossMAN DAviD M. SWARTLEY TERRE 4CF R. WHITE" NICHOLAS L. WOLLEN HF WHITE PETERSON , MORROW, GiGFAY, RossmAN, NYE & RossMAN, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AvE., SurrE 31 POST OFFICE Box1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288+2501 E-MAIL: @WPPMG.COM January 29, 2001 NAWA OFFICE 5700 E FRANKLIN RD., sTE. 200 NAMPA, IDAHO 83687-8402 TEL.(208 466-9272 FAX (208 4664405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED To: Staff FEB -1 2001 Applicant CITY OF MERIDIAN Affected Property Owner(s) Re: Application Case No. PP -00-026 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note -that .these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to theity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you ppreppare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If Wat is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) copies. The coppies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, manner: replat 2 existing parcels into a new three -lot commercial subdivision. 9. There are no significant or scenic features of major importance that affect the consideration of this application, although consideration was given to the existence of a pond which is addressed in the Recommendations below. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 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. Water service to this development is contingent upon positive results from a hydraulic analysis from our computer model, and, if necessary, additional main looping may be required. 1.2 Underground pressurized irrigation must be provided to all landscape areas on site. Due to the size of the landscaped areas, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant must submit a revised plat prior to the City Council hearing showing service locations and source for the irrigation water. The irrigation pump station for the subdivision must be located RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT-SPARROWHAWIC SUBDIVISION BY HUBBLE ENGINEERING on a common lot, designated as such on the plat. 1.3 Applicant should clarify in writing 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, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 1.4 Applicant shall explain in detail the purpose of the existing ponds and what the plans are for their future treatment and/or use. The developer shall secure approval from the Corps of Engineers for any changes to the existing pond. 1.5 Applicant shall submit a revised plat showing the correct 48 -foot -wide right-of-way dedication on Franklin Road (versus the 66 feet currently shown). 1.6 Applicant shall add a note to the plat that a permanent cross access easement between Lots 1-3, Block 1, is in effect for this subdivision (per ACHD's requirements). 1.7 There is a slight discrepancy between the Assessor's basemap and the lot lines shown for the residential parcel in the NW corner of the plat. The Assessor's data shows the residential parcel's north and south boundaries at an angle in relationship to the Locust Grove Industrial Park's boundary — not a match line, as shown. Applicant shall modify the plat to reflect the correct lot lines and submit a revised plat prior to the City Council hearing. 1.8 Three (3) copies of a detailed landscape plan for the two street buffers and Lot 1, Block 1 land use buffers, including a detailed fencing plan, shall be submitted for review and approval with submittal of the final plat application. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. A mix of tree species is required per Ordinance 12-13. 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, RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT-SPARROWHA.WK SUBDIVISION BY HUBBLE ENGINEERING n landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to City signature on the Final Plat. All required landscaping shall be constructed prior to issuance of certificates of occupancy for future buildings. All perimeter fencing shall be installed prior to applying for building permits (see Condition #10 for further fencing requirements and details). 1.9 There are several large, existing trees on site. Per Ordinance 12-13, mitigation is required for all existing trees four (4) inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site. As an example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees or five (5) 4 -inch caliper trees. Existing prohibited trees within the street buffer or parking lot need not be mitigated for if they are removed. Existing dead, dying, or hazard trees need not be mitigated for if they are removed. The City of Meridian Parks Department arborist shall certify any dead, dying, or hazard trees prior to removal. -Trees that are required to be removed by another governmental agency.having jurisdiction over the project need not be mitigated for. 1.10 The Franklin Road landscape buffer shall be a minimum of 35 feet in width beyond the required ACHD right-of-way and constructed by the developer as a condition of the plat. The Nola Road landscape buffer shall be a minimum of 10 feet in width. The landscape buffers shall be placed in common separate lots. Fencing is not to encroach upon these buffers. Applicant must submit a revised plat showing the landscape lots as separate common lots, with a plat note that they will be maintained by a business -owner's association and/or the developer. 1.11 The plat calls out an existing fence around the perimeter of the property. The Applicant should clarify his intentions with regard to fencing of the subdivision. The existing fence is a combination of barbed wire and chain link. Ordinance 12-4-10 allows barbed wire fences in commercial districts only when used as the top section of security fences. If the barbed wire fences are within the boundaries of subject plat, they must be removed at the time of lot development. If the Applicant's intent is to provide consistent perimeter fencing, details of location and construction materials must be submitted with the final plat application (as noted in condition #7). If permanent perimeter fencing is not planned by the Applicant, fencing details may be handled under the RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT-SPARROWH.AWK SUBDIVISION BY HUBBLE ENGINEERING CUP applications for each lot. 1.12 Please submit groundwater monitoring data since the date of the original test hole/perforated pipe installation. 1.13 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names with the final plat application. 1.14 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.15 Provide five -foot -wide sidewalks in accordance with City Ordinance 12-5-2.IC 1.16 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.17 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance No. 12-4-13, except as provided for under site specific requirements. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. 1.18 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.19 Underground year-round pressurized irrigation must be provided to all common landscape areas on the site. 1.20 Two -hundred -fifty watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.21 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT -SPARROWHAWK SUBDIVISION BY HUBBLE ENGINEERING Adopt the Recommendations of the Nampa and Meridian Irrigation District as follows: 1.22 The ditch shown on the plat at Franklin Road is not a District facility but accommodates the District's Barker Lateral and must remain intact. No work can be done on the ditch between March 15 and October 15 and must remain open at all times to accommodate the flow of 250 miner inches at a minimum. Adopt the Recommendations of the Meridian Fire Department as follows: 1.23 All roads will be installed before building is started with appropriate street name signs. 1.24 Applicants shall satisfy all fire code requirements pertaining to water supply, fire sprinkle system and hydrants. Adopt the Recommendations of the Central District Health Department as follows: 1.25 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 1.26 Run-off is not to create a mosquito breeding problem. 1.27 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.28 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. Z.\Work\M\Meridian\Nleridian 15360M\Recommendations\PP026Sparrowhawk.wpd RECOMMENDATION TO CITY COUNCIL - 6 PRELIMINARY PLAT -SPARROWHAWK SUBDIVISION BY HUBBLE ENGINEERING BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR SPARROWHAWK SUBDIVISION, HUBBLE ENGINEERING, Applicant Case No. PP -0-026 RECOMMENDATION TO CITY COUNCIL RECEIVE: FEB -1 2001 CITY OF MERIDTJ% 1. The property is approximately 20.20 acres in size and is generally located at the northeast corner of Nola Road and Franklin Road in Meridian, Idaho. 2. The owner of record of the subject property is D. Arlene Stutzman of Meridian. 3. The Applicant is Hubble Engineering of Eagle, Idaho. 4. The subject property is currently zoned RUT. However, there is an application before City Council for a rezone to CG. The zoning of CG is defined within the City of Meridian's Zoning and Development Ordinance Section 11-7-2. 5. The proposed site of the subject property is 1960 E. Franklin Road. 6. The subject property is within the city limits of the City of Meridian. 7. 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. 8. The Applicant proposes to develop the subject property in the following RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT-SPARROWHAWK SUBDIVISION BY HUBBLE ENGINEERING ACHD PLANNING PAGE 01 Ada County Highway District Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, 1st Vice President Garden City ID 83714-6499 Sherry R. Huber, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake. Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus@ACHD.ada.id.us February 6, 2001 City Clerk City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Sparrowhawk Subdivision RECEIVED FEB - 6 2001 CITY OF MERIDIAN To: Planning & Zoning Commissioners, City Council, and Honorable Mayor: The ACHD Commissioners have not yet had the opportunity to review this subdivision application. After receiving the application from the City of Meridian, ACHD staff requested the applicant to provide a traffic impact study, per ACHD policy. The applicant has submitted a traffic study, and due to the training of new staff, and the number of traffic studies we have received in the last month (mostly for projects within the Meridian city limits), a formal review of the traffic impact study has not yet been completed. Staff anticipates completion of the review by February 14, 2001, and expects Commission action on February 28, 2001. General ACHD requirements will include: dedication of right-of-way along Franklin Road, road trust for sidewalk on Franklin Road (as this segment of Franklin Road is slated for widening in the Five Year Work Program), dedication of right-of-way along Nola Street, construction of curb, gutter and sidewalk on Nola Road, and driveway locations. ACHD will review driveway locations on a case-by-case basis when the individual lots are developed. Generally speaking, a maximum of three driveways on Franklin Road could be allowed if all of them were located ACHD policy, Driveways will also be allowed on Nola Road. m confonnaance with The current traffic count on Franklin Road, a principal arterial is 10,896 on 2-17-00. The site has feet of frontage on Franklin Road, and ACHD will require the dedication of 48 -feet of right-of-way f the centerline of Franklin Road. Franklin Road is improved with 3I. feet of pavement wit11 no curb y fronn gutter or sidewalk abutting the site. Franklin Road is listed in the Districts Five for reconstruction to a 5 -lane urban section in 2004. Year Work Program FEB 06 '01 11:29 _ __- i4'lM : rLANNI lu IIAUL 02 r� The current traffic count on Nola Road, a local/commercial street is 5,755 on 2-17-00. The site has 240 - feet of frontage on Nola Road and AC14D will require the dedication of 29 -feet of right-of-way from the centerline of Nola Road. Nola Road is improved with 41 -feet of pavement with no curb, gutter or sidewalk: abutting the site. Tliere is 30 -feet of north -south right-of-way abutting the east property line. The segment of Machine Drive from Lanark Street to the north property line was never constructed when that subdivision was platted in 1977, and a structure is located within the right-of-way. ACND staff does not anticipate the extension of this street from Lanark Street to Franklin Road due to the existing conditions. ACRD staff will recommend cross access between all of die lots and will strongly recommend shared driveways upon development of the subdivision. The traffic impact study prepared by Washington Infrastructure Services made the following conclusions: • The site will generate 1,443 new vehicle trips per clay, bused on a mini -market, general once and mini -storage. • The Nola Road/Franldin Road intersection operates at an acceptable LOS C under existing conditions, but will operate at capacity in the year 2003 with background traffic. • The Franklin Road/Eagle Road intersection operates over capacity under existing conditions. • Franklin Road operates at a LOS E/F under existing conditions. An addition of a third lane would increase the capacity of Franklin Road. Build out of the proposed development will have the following affects according to the TIS: • Nola Road will continue to operate at LOS C or better and Franklin Road will operate at LOS D or better under ewisting plus project conditions (with the implementation of the warranted third lane on Franklin Road. • The intersection of Nola Road and Franklin Road will continue to operate under capacity under existing plus project conditions. I apologize that ACND does not have a formal report prepared for your meeting. If the City of Meridian chooses to approve the preliminary plat prior to ACHD approval, staff does not anticipate any problems with the ACRD review/approval of this plat. Sincerely, Christy Richardson Principal Development Analyst FEB 06 101 11:70 �.EcEr� FEB 0 5 2001 Cj "'y 0 l)'1t'-UW I, Shawn L. Nickel of Hubble Engineering, Inc. representative for the developer of the proposed Sparrowhawk Subdivision do hereby affirm that the said property was posted one week before the City Council public hearing. Shawn L. Nickel Acknowledgement STATE OF IDAHO ) ) SS. COUNTY OF ADA ) ON THIS �_ day of , 2001, before me a notary public in and for said State, personally appeared Shawn L. Mckel known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,7�PA , 5zx, 4, �/zl "'—� Nota Public fodaho �••9•``°'°'0'•••,, Residing in D 16-4— A O'4R �'�, My Commission Expires: /n "D'4 -a©o-';�— y® �OTAR�' •�� s, �UBL1G •; .' OF 11) ��` NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:30 p.m. on February 6, 2001, for the purpose of reviewing and considering the application of Hubble Engineering for annexation and zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision generally located at the northeast corner of North Nola Road and East Franklin Road; Furthermore, the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C -G zone for proposed Sparrowhawk Subdivision also generally located at the northeast corner of North Nola Road and East Franklin Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. DATED this 8th day of January, 2001. WILLIAM G. BERG, JR., I CLERK Oti40Mitorliarr` PUBLISH January 12 and 26, 2001. �4 OF-rp'`'t w SEAL - w .9063., The Idaho Statesman FrAl P.O. Box 40, Boise, Idaho 83707-0040 . ADVERTISING PROOF OF PUBLICATIQiNt.oun f ' n � ,hJ. Account # DTI# Identification Amount. 064514 376969 PUBLIC HEARING $116.64 Ordered by: P.O. # Rate Run Dates SHELBY NT DECEMBER 15, 29, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 81 Affidavit Legal # MERIDIAN, IDAHO 83642 1 9063 JANICE HILDRETH, being duly swom, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO consecutive weekly =single consecutive daily FX odd skip insertion(s) beginning with the issue of: DECEMBER 15 2000 and ending with the issue of: DEQ 2 9 , 2000 STATE OF IDAHO ) )ss COUNTY OF ADA On this 2 day of JANUARY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: 4Z 7 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: AZ -00-024 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By: Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: /C)_ — `-f — 0 Q rp w � �LT ,s - City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 IEC a 5 2900 City of'v- 'C'ity Clerk Off!,,, 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 Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: AZ -00-024 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By: Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: /C)_ — `-f — 0 Q rp w � �LT ,s - City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 IEC a 5 2900 City of'v- 'C'ity Clerk Off!,,, ce CENTRAL DISTRICT CENTRHL DISTRICT HEALTH DEFmRTMENT 'HEALTH Environmental Health Division DEPARTMENT Rezone # Conditional Use # Preliminary / Final / Short Plat 77-0c)—( Return to: ❑ Boise ❑ Eagle ❑ Garden City .,,-,WMeridian ❑ Kuna ❑ ACZ ❑ Star Al. We have No Objections to this Proposal. RVcEr\7ED ❑ 2. We recommend Denial of this Proposal. ► DEC o 9 2000 Ll3. Specific knowledge as to the exact type of use must be provided before we can comment Pn'ffiis � pbsal RMM ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: Reviewed By: M,o90kc Review Sheet ** TX CONFIRh_ ION REPORT ** DATE TIME TO/FROM 11 12/11 08:13 PUBLIC WORKS 12 12/11 08:13 208 888 6854 AS OF DEC 11 'ed 08:14 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'18" 001 025 OK EC --S 00'27" 001 025 OK C18CENTRAL DISTRICT CENTRAL DISTRICT HEALTH DEPARTMENT HEALTH En nm n Ith Di ' VIS I n Rezone #— Conditional Use # Preliminary / Final / Short Plat Retum to: 0 Boise O Eagle ❑ G rden City ridian ❑ Kuna O ACZ O Star 141. We have No Objections to this Proposal. RECE'ED 112- We recommend Denial of this Proposal. DEC - 9 2000 O 3. Specific knowledge as to the exact type of use must be provided before we can comment dfi`ffiIIss P"ropos"TR DM 4. We will require more data concerning soil conditions on this Proposal before we can comment. 0 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth ok ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other 0 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. O 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: O central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water O individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health 8 Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system O community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. C311. This Department would recommend deferral until high seasonal groundwater can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho state Sewage Regulations. C313. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. . Date: J UCS Reviewed By:`�/� moo aM M Review Sheet TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: AZ -00-024 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By: Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 PXcEIVED n E C - 9 2000 CITY OF MERIDIAN RECEIVED DEC 0 4 2000 Meridian City Water Superintendent 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 Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: AZ -00-024 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By: Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 PXcEIVED n E C - 9 2000 CITY OF MERIDIAN RECEIVED DEC 0 4 2000 Meridian City Water Superintendent ** TX CONFIRMH, ON REPORT ** DATE TIME TO/FROM 27 12/11 08:34 PUBLIC WORKS 28 12/11 08:34 208 888 6854 AS OF DEC 11 'ted Oe:35 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD## STATUS OF --S 00'17" 001 041 OK EC --S 00'26" 001 041 OK WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No-: AZ -00-024 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By: Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z HUB OF TREASURE VALLEY Bill Nary, P/Z MAYOR Jerry Centers, P/Z Richard Hatcher. P/Z Ada County Highway District Robert D. Cortie A Good Place to Live LF,GAL DEPARTMENT Central District Health Nampa Meridian Irrig. District CITY 1208) 288.2499 - Fu 288.2501 CITY COUNCIL MEMBERS OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAIiO BUILDrNG DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • rax 887-1297 Tammy dcWccrd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888.4218 DEPARTMENT _ City Attorney (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT City Planner PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No-: AZ -00-024 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By: Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Meridian School District Bill Nary, P/Z Meridian Post Office (FP/PP) Jerry Centers, P/Z Richard Hatcher. P/Z Ada County Highway District Keith Community Planning Assoc, t Corriorup,e, Robert Corrie, Mayor , M Central District Health Nampa Meridian Irrig. District Ron Anderson, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co- (FP/PP) Keith Bird, C/C U.S. West (FP/PP) Cherie McCandless, C/C T Water Department Intermountain Gas (FP/PP) Sewer Department Ada County (Annexation) Idaho Transportation Department Sanitary Service Building Department Your Concise Remarks: �r f Fire Department Police Department _ City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PPIFP/PFP . 30 Q. 27 RECEIVED RWEIvED DEC 011 2000 Meridian City EIEC — 9 2000 Water Superintendent CITY OF WRIDIAN MAYOR Robert D. Corrie r-. HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288 •Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC wORKs Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: AZ -00-024 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By: Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department X Police Department City Attorney City Engineer Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 F-EC-EIVE]) DEC - a z000 CITY OF MERIDIAN Oa►►y Norton, P/Z Bill Nary, P/Z Jerry Centers, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner \ Parks Department (Residential Applications only) Gon .26 PPfFP/PFP - 30 AZ - 27 Mencian JCnoo► U►sinct Meridi,n Post Office (FP/PP) Ada .mty Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department j?FCE1V-Ej) DEC - 7 2000 CITY OF MERIDIAN Vt1L0b8880Z=G I Sa'3Jdd bbLab888aZ ZZ:VT 00, La 03G MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Chcric McCandless HUB OF TREASURE VALLEY A Good Place to Live CITE' OF MERIDIAN LEGAL DEPARTMENT (20S) 288-2499 - Fax 288.2501 PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (209) 887.2211 - Fax 8$7-1297 (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) $88-4218 DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: AZ -00-024 Request: Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision By: Hubble Engineering Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Meridian School District Bill Nary, P/z rcn+oro Meridian Post Office (FP/PP) U Z00 '3Jdd�IlX3 Arta rni lnty Hiohwav District -' PeEIVED D E C 1 1 2000 CITE' OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 December 6, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: ampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re: AZ -00-024 Annexation and Zoning from RT to C -G for proposed Sparrowhawk Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the annexation and zoning for the proposed project. Sincerely, ,john P. Anderson, Water Superintendent 'NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln Cc: File — Shop File — Office Asst. Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 30 31 ** TX CONFIRN—I ON REPORT ** DATE TIME TO/FROM 12/11 16.14 PUBLIC WORKS 12/11 16:14 208 888 6854 AS OF DEC 11 'bo 16=15 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF --S 00'10" 001 091 OK EC --S 00'20" 001 091 OK PcErvED DEC 1 1 2000 CIT' OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-d395 FAX # 208-463.0092 December 6, 2000 Phoncs: Area Code 208 OFFICE: qompa A66.7661 Will Berg, City Clerk SHOP: ompa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re: AZ -00-024 Annexation and Zoning from RT to C -G for proposed Sparrowhawk Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the annexation and zoning for the proposed project. Sincerel ohn P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln Cc: File — Shop File — Office Asst. Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 ""DI Zeeb 13:34 2088885052 Bill Nary, P/Z Meridian School District SANITARY SERVICE Meridian Post Office (FP/PP) Richard Hatcher, P/Z Ada County Highway District PAGE 03 MAYOR HUS OF TREASURE VAL, Ey Central District Health Robert D Come A Good Place to Live LEGAL DEPAR7,MENT CIT, COUNCIL ,ME,\IBERS CITE' OF MERIDIAN (708) 289-2499 - Fax 2501 Ron Anderson 33 EAST IDAHO PUBLIC WORK88 BUILDING DEPARTMENT Kei(h Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax SS7.)297 Tammy deWeerd (208) 888-3433 - Fax (208) 887.4813 Building Department Your Concise Remarks: Cherie McCandless City Clerk Office Fax (208) 888.4218 PLANNING AND ZONING Police Department DEPAR7,4ENT (208) 884-5533 - Fax 888.685,1 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn. Will Berg, City Clerk, by: December 26, 2000 Transmittal Date: November 30, 2000 Hearing Date: January 4, 2000 File No.: AZ -00-024 Request: Annexation and Zonin of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision Y ' LA.. I- t- a _ "M Ljoc EItgmeeri Location of Property or Project: NE corner of Nola and Franklin Road Sally Norton, P/Z Bill Nary, P/Z Meridian School District Jerry Centers, P/Z Meridian Post Office (FP/PP) Richard Hatcher, P/Z Ada County Highway District Keith Borup, P/Z Community Planning Assoc. Robert Corrie, Mayor Central District Health _^ Ron Anderson, C/C Nampa Meridian Irrig. District Tammy deWeerd, C/C Settlers Irrigation District Keith Bird, C/C Idaho Power Co. (FP/PP) Cherie McCandless, C/C ---- U.S. West (FP/PP) Water Department Intermountain Gas (FP/PP) Sewer Department ---____Ada County (Annexation) Sanitary Service Idaho Transportation Department Building Department Your Concise Remarks: Fire Department Police Department -�� City Attorney -City Engineer -City Planner Parks Department (Residential Applications only) cien • 26 opiFPiPFP .20 AZ • 27 REcEwED 0, F C 15 2000 CITY OF MERIDIAN DEC 15 '00 13:51 2088885052 PAGE.03 Mayor ROBERT D. CORRIE City Council 'Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD NUB OF TREASURE MLLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Fax (1_08) 888-4218 FACSIMILE COVER SHEET LEGAL DEP.-\RT%IENT (208) 'SS -2199 - Fax 288-24;Ot PUBLIC WORKS BUILDING DEPARTMENT (208) 357-2211 - Fax 337-1397 PLANNING AND ZONING DEPART%IENT ('08) 331-5533 - Faz 857-1297 FAX NUMBER: '�� D �3 DATE: r r 0 6 TO: /Uz-SIJ I C r TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 2 FROM: CITY OF MERIDIAN — FAX NUMBER: (208) 888-4218 NAME: 4)"91yV i TITLE/DEPARTMENT: ,t'4L1 COMMENTS: Wii+c, c 1�� PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. M `` MILO O. ELSTON l 12610 West View a Dr. Rid g 4 \ Boise, Idaho 83709 208-321-8188 January 3, 2001 City of Meridian Planning and Zoning Commission 200 East Carlton Ave. Suite 201 Meridian, Idaho 83642 RE: Proposed Sparrowhawk Subdivision Dear Members of the Commission: As owner of two acres, located at 2161 Lanark, I am concerned about the rezoning and development of 20.20 acres for proposed Sparrowhawk Subdivision. For the last 10 years my property has been leased by Abco, Inc., which fabricates reinforcing steel and light manufacturing. I purchased this property for the sole purpose of leasing to ABCO, INC. with the understanding that the surrounding property was commercially zoned. My concern is that the noise generated by cranes, equipment and traffic may affect the new occupants of the subdivision. There are several businesses on this street and immediate area that have the potential of annoying noise and activity to a residential subdivision. A second area of concern is the value of the commercial property. Commercial property with residential property in the close proximity has a restricted market. The potential of traffic and noise complaints with subsequent ordinances and restrictions is a big concern to the property owners that have invested many years and dollars in property and businesses. When investing in property, whether it is commercial or residential, the property owner should be able to depend on zoning protecting their rights. The commercial property purchased in this area was purchased with the understanding that because of the specific zoning of the surrounding area it would not be affected by the business activities associated with commercial use. Thank you for your consideration. Si ceely, Milo O. Elston GG . 121Lr-- ** TX CONFIRMr—ION REPORT ** DATE TIME TO/FROM 16 01/03 11:35 208 378 0329 AS OF JAN 03 '01 11:36 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'38" 002 104 OK ,1;,.,,f HU8 OF TRF_aSURC VALLEY ROUFRT 0, CORRIE A Good PNCC [0 Live C" CITY OF MERIDIAN CHARLES ROU`rfREE GLENN BENTLEY 33 EAST IDAHO 6IERIDWN, IDAHO 83642 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 KEITH BIRD C [y Clerk Fax (208) 888-41-18 2 FACSIMILE COVER SHEET FAX NUMBER: J� o —0324 DATE: TO: c�/CGt1�% P; Ckt r TITLE/DEPARTMENT: LEG.kL DEP.-\RT�IENT 1_081:S8-2299 - Fu, 289.2jg1 PCBUC WORKS BUILDING DERARTNIENT (_US) 357.2211 - Fu. 887-1,97 PLANNING AND ZONING DEPA IE,YT (:09) 89.2.5533 • Fa2 937.1297 CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): 2 FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 TITLEIDEPARTMENT:� _l i' C (� .� COMMENTS: ) K�,y/c. t5 , PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888433. Certified Mailing Returk .s Project Name File No(s) 02 d4 �G �'`► fp t®' Date of H, Name Address Reason forReturn fearing 'i i y 2 OO �U v't -H. ►� �� N S N �WlQ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 4, 2001, for the purpose of reviewing and considering the application of Hubble Engineering, Inc. for Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision; Furthermore, the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C -G zone for proposed Sparrowhawk Subdivision generally located on the northeast corner of Nola Road and Franklin Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 30th day of November, 2000 �tii! 417lfdpf CEIT _A PUBLISH Decer�err gnd2 9th; �( \ WILLIAM G. BERG, JR.; IT CLERK ao m co m co co co co co w co co co co f0 (0 (0 C cu cu d 10 (0 (O fp O 7 N V7 > Lij Ln a o fpp co �p J co C> O qYy� W 00 L.] M (CO Y lLj LU X V) �Yp .kq±� m n C �O J � x C cp J N C tp J r.4 'p L O tp U Z N O � C �' E aS Q oZS oZS g$ �i ci ot5 'a, oZS a dS a c`S o w cLo Z LO8 0 c to oS O O L C C $ �' d O E N C t0 N N N N N N N N N N N N N N 00 c 00 co 00 00 co co co co LD ; ' ;C2 ;2 -Ma �t2 ;2 a v o C C C C C C C C C C C C C C 0) 2 (0 0 6 f0 (0 D C n7 N L6 16 m of o a 'o 'v_ a 'o w aci (1) aa) a`r ami 0y aa) a`) w ` f 2: 2: 2: 2: M:f f f f y f f Y Lj S LL ll E LL LL c LL �j y LL U- LL L2 LL W W W W LL LL W W W W n m N Ln 00 M In N .r M Ln N a, Ln in h O Ln Ln O\ Ln ,^r V ' tl co co M O1 O O N N Ln OM N N N U C L y to L C � L D1 75 ` 0 ZD 2 fo C: L vi J ° 9 �p a o u = r a5 m czS 016 oZS dS CJ o� m of C o'i 10 cro o Q 2 a N 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 4, 2001, for the purpose of reviewing and considering the applications of: Gem Star Properties for Preliminary Plat approval of 30 building lots and 2 other lots on 16.4 acres in an R-4 zone for Autumn Faire Subdivision No. 2 generally located at Black Cat Road and Cherry Lane; Mountain West Bank for a Conditional Use Permit to construct a branch bank with a drive-thru teller in an L-0 zone generally located west of Eagle Road, north of Magic View Drive; Brighton Corporation for a Conditional Use Permit for a sales and project information office in a temporary trailer in an R-4 zone in Ashford Greens No.4 at Black Cat Road and North Waggle Place; Lombard -Conrad for a Conditional Use Permit to construct the new Meridian City Police Department in an R-8 zone generally located south of Franklin and west of Locust Grove Road; Johnson Architects for a Conditional Use Permit for temporary placement of an office trailer to serve as Sonntag Eye Associates office during construction generally located at Gentry Way and Allen Street; JUB Engineers for Rezone of 5.17 acres from L -O to R-4 for proposed Devlin Place Subdivision No. 2; furthermore, the applicant also requests Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone for proposed Devlin Place Subdivision No. 2 generally located south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms; Gem Park II Partnership for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision; furthermore the applicant also requests Preliminary Plat approval of 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned residential development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision generally located south of Victory Road and west of Eagle Road; Potter Land Surveying for rezone of .25 acres from R-8 to C -G for general commercial use for proposed Tranquility Ponds generally located at East 3rd Street and Fairview Avenue; Hubble Engineering, Inc. for Annexation and Zoning of 20.20 acres from RT to C -G for proposed Sparrowhawk Subdivision; furthermore the applicant also requests Preliminary Plat approval of 3 building lots on 20.20 acres in a proposed C -G zone for proposed Sparrowhawk Subdivision generally located on the northeast corner of Nola Road and Franklin Road. PUBLISH December 15th and 29th 2000