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Staten Park Subdivision AZ 00-025x"14 CITY CLERK FILE CHECKLIST Project Name: Staten Park Subdivision File No. AZ 00-025 Contoct Name: Reese Leavitt Phone: 463-0333 Date Received from Planning and Zoning Department: Planning and Zoning Level: Q Transmittals to agencies and others: 0 Notice to newspaper with publish dates: 0 Cerfifieds to property owners: December 15, 2000 Hearing Date: January 18, 2001 December 19, 2000 29-Dec-00 and 12-Jan-Ol December 29, 2000 Planning and Zoning Commission Recommendation: ~ Approve ^ Deny Notes: City Council Level: Transmittals to agencies and others: 0 Notice to newspaper with publish dates: Certifieds to property owners: City Council Action: Hearing Date: ~ -u„ Q TZo~ Zpp I ~(a Z~ Z and '7-~Lk~ ~f~.l`'i ^ Approve Q' 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: -1i Ordinance No. Re ^ Approved by Council: _ Recorded: Deadline: 10 days ^ Published` in newspaper: _ ^ Copies Disbursed: No. Resok+tiona: Origirrel Res /Copy Cert Minulebook Copy Res I Copy Cert: City Cbrk City Engineer CiAy Planner City Attorney Sterling Codifiers Project Fib Copy Res I Original Cert: Ada County (CPAs) Appieam (non-cPAS) Recorded Ordkwnces: Original: Minubbook Copies to: City Cbdc State Ta><COmm. Stale Treasurer, Audkor, Assessor Sterling Coddlers City Attorney city Ergtneer City Pbnner Project fib Appicam (if appk) Fkrdktge ! Orders: Orlgknat Minutehook Copies to: Appkcam Project fib Cey Engineer City Pbrmer City Attorney "Record Vacation Findings " Recorded Devebpment Agreements: OriginatFireproorFlb Copbs to:Appicam Project fib City Ergirceer City Planner City Pttorney Notes: s~., 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: Wilt Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: AZ 00-025 Request: Annexation and Zoning of 8.15 Acres from RT to R-4 for proposed Staten Park Subdivision By: Leavitt and Associates Engineering Location of Property or Project: Black Cat Road and Ustick 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 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: Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 " ~ S~~t By,: ; 208 868 8854; Nov-20-00 2:40PM,- rage 3/3 ~ ~'- ' ^ r y ~ ~~ F~ ~~~' ~S City of Meridian ~~=;~f~~~, ~~0 ANNEXATT4N/REZONE ~ =.~ `~~ ~ Application Ch°cklist ~ ~ _~f ~ ~'~~ (Incomplete applications will not be processed Applicant: ?, ' ~ L ~> " _ ; ~ : ~ -n ~ i~ . n ~~ ~ c r r"/~ ~ ~nlrSubmittal Date: - ~ ~ / =~c / -_: Prujetl:.~t ~-~N Pt~fiL k ~LtBDI r,'lS1G~ Applii.at~on Completion Date: / /_ .. Hearing Date: ~~/ 1` ~/ ~ a ~ P&ZJCC Fur O~j`ree Use Only Item= No. Dpi lion Comments ] . i Co feted and Anaes~ion/Rtmna lication 2. ~ w deed ~ __ ,~ 3. ~ _ Notariaod coaxal of tided o s ,,®' 4. I.e n 5 A statement desenbiag the cJh~~racteristics which make wiring ~ amendment desirable. ~ A statement outlining the neoessrty of dasuab~~ity of development 6. ~ pertaiaing to the zoning and hazmony with adjacent develo ~ '~ " A statement of how the proposed zoning amendment relsites to the ' "~ L of Meridian Co Plan - cite numbers. ~ ~ One (1 }map at a scale of 1 "100' of the property concerning the zo amendment. 9.: One 1 co of a vie' ' at a scale of 1 "=300' ! 10. ~ Li.~t of owners within 300' A fee: Tess than 1 acre -5400.00 11.: Over 1 acre -5400.00 + 515.00 fvr each additional acre , s - $0.33 Mice; then muhi two Z 12. Pro st" affidavit 13.. Notarised statement that the pruperiy was posted (to be submitted after posting) 3 Rcw. 111,2cti/U(1 J Y' ~ 20B 888 6854; Nov-20-00 2:40Ptu1; Page 1/3 ~„ .-. CTI'Y OF MI?RIDIAN ' C . Platvang ~ Zonlttg Daparm~ot Az-,po - oz5 . 2110 E. Carlton Ave., Ste. 201, Mt~an, tD 83642 - -_.___._,.. (7087 8845533 / (208) 888.6RS4 Faz PItU!'USED NAME OF PROJECT/SUBD[VIS10N: ~~~-T~111 f~ ~-tZ t~. ~ i.t F D i U 1 ~ i Z !~ ADDRESS, GF,NF.RAL LOCATION OF SITE: ~~ (V C ~ _(S~ ~; ~-(K,lr_ (~-l'~ 3 I i ~. i i (,~ TYPI (RESIDENTiAI., INDUSTRIAL, COMMERCIAL): ~' ~ S 1 U (: N T / ~T L ACRI*S OF LAND IIV PROPOSED ANNEXA'1'ION/REZONE: PRESENT LAND USE: ~~-'~ r7.t ' ~ YItOPOSED LAND USE: t ~ n! r , PRESENT 7AN1NG DISTRICT: R-'r PROPOSED ZONMG DLSTRICT: _~ L~ i APPI:7CANT: _~D ~ A 1..~ 5S / t' F~ U 1 LD I Ill E~ _ D ~V ~L ~ p -~? ~N r ADDRESS: ~^ 3 r 4 ti ~' Kt F' K f"vi I"C C t,c' Ll' F'-t U 4i L ~ T~, i D PHONE: -t, ~ ~~.~1 -1r41% I FAX: (~o r; j ~3R - ~? ~,iZ- FrMA1L: ENGATEER, SURVEYOR, PLANNER: C~~1J 17T 3 r~ 5S U C f la-7"~ E ~cl ~ I nI E p //tl G ADDRESS • 1 ~ 13 ~'t~ }~ v c' S v i,l T l~ ~ AJ r ~ , tit p la ~ ~ ~. 3 L `~ j PHONE: (, _ •' ~ ~ - ~: ~ _~ FAX: ' , ~ ~) ~ t :~ ~%' C {C E-MAIL ` 1- i '` OWNER(S) OF RE.CORD': ~~ ~ = ~ ~_~ :-%'?' -r ~~~ U V c ~. l i.~ T ~~ e P V ADDRESS: -3 ~ /_' % ~~3 ~ ~ b E N A 1? !' G i ~ ~- ~ ~ ~-= L}-C.> ~ 3 7~' S PHONE: ~ ,~ ~- ~=) -~ ~- ' ~ ~~ 7FAX: L'-MAIL.,: I hsre read the ituortration cantauied hextin and certify the infarmation is true and coirecL ~. ~_ ~n Sig~ae of Applicant 'Anneacataon may require egg into a deveJopme~t ag~~ermeat es a oonditim of Cun•ent owner(s) must eacexutt agroaa~t. Explanaban af'aay cisattge; in awueashi}~ and timing fir saint sh911 be included is narrative. Axrr~xATCOrr Arm zorur~t; oR xEZO1vE APl?r~~~rlox (R E: Meridian Zoning Ordiaaaoe - S t#ion 11- I S aad 11-16) y:S - i WARRANTY DEED ~ 1,~ 0~~~ ~~ For Value Received ~i' L. DAVISON ArR? VE,iIIA Yi. DAVISOPI (husband and wife) the gt•antots do hereby grant, bargain, sell and convey unto STEWART AI, TEIW.Y ADID NONA R, TEF,I?Y (husband and wife) the gt•antee s, the following described premises, to-wit:....~A..........••_.,•...,,.•..,.••,..•.,•,.,._ County Idaho, to wit: Commencing at the NW corner of Section 3, Towhship 3 North, Ranges I West Boise 1'4eridian~ Ada County, Idahp;. thence South 0°]11' West to a point in west boundary of said Section 3, 65.0 feet; THE REAL PLACE OF BEGINPIIPiG: thence North 0°1,11' East, 65.0 feet to N4l corner of said Section 3~ thence South 89°53~ East, 1320.0 feet; thence South 0°i98' West to a point in center line of live irrigation ditch the F.IGIiT MILE LATERAL OP' RIDENBA?1(~1 CAidAL~ a part of Nampa-fiieridian Irrigation District's System; thence I•Iorthwesterly along centerline of said Eight-Aii.le Lateral throughout all it's various courses to the REAL PLACE OF BEGII1IdIPIG. Containing 13.7812 acres more or less. Subject to the Southerly half of right-of-way of Ustick Road and to the Easterly half of Right-of-way of Black Cat Roads together with all aopurtenansee~ thereto. TO HAVE AND TO BOLD the said premises, with their appurtenances unto the said Grantee e, their heirs and assigns forevet•. Arnd the said Urantor s do heI•eby covenant to and o•ith the said Grantees, that t hey are the owner sin fee simple of said premises; that said premises are free from all incumbrances Except property taxes for 1972 and that t hey will warrant and defend the same from all lawful claims whatsoever. Dated: Anril 2l,,, 1972 STATE: OF IllAHO, COUNTY OF ADA un this 211th, day of A-,ri1 is 72. befm~e me• a notary public in and for said State, personally appeared,r•q Y:ont,~; I;''.~~3,'A~pn and Verna Iii, Davison (hu Q>~ dap ~ti1$~e) :';=r ,, ; kno~r» to me to be`~Ae jih's6on s w•ho 3e name s are subscrFbe~t~ ~~-n•tthTc jnstrument, and ackno~rledged [o me thd6 th 3: '~~ executed the same. Notary Public Residing at }h Oise ,Idaho Comm. Expires ~,-17-73 1 L/,_~ ~-, ~ ~ o 1, c~ dAi)„ ih STATE: OF IDAHO, COUNTY OF liL,d<L-~- 1 hereby certify that thin insL•ument u•as filed for record at the request n[ a,de.l1D !]tle CA. at ~~-'~ minut/es past ~ o'elock~m., this ~G ~ day of ~J~``'~'~~- , 197Y, in my office, and duly ~•ecorded in Bork of Deeds at page CLARENCE A. PLANTING Ex-Officio Recorder - ~~~ ~. By Fees $~~ ~~i putt'. -~~: o-ra` ~ g3 X01 Mail to: /7/7 /aGe. /m i?At,~/1 cS i, gDit'6- ZU a 110 z y C+I a z IN3TRUbiIDNT No. ' 8003529 "" QUITCLAIM DEED ~~yl 1082 For Value Received STEWART MILES TERRY and NONA RACHAEL TERRY, husband and wife, do hereby convey, release, remise and foreverguit claim '' - '~ unto STEWART MILES TERRY'-and ;NONA RACHAEL TERRY, husband and wife, as Trustees under that certain Revocable -inter Viyos Trust dated January /~' , 1980, under which Grantors are Trustare, the "following described premises, to-wit: Commencing at the "NW corner~of Section 3, Township 3 North, Range 1 Weat Boise Meridian, Aaa county, Idaho; thence South 0°14' West, to a point in West ,' boundary of said Section 3, 65. t1 feet; THE REAL PLACE OF BEGINNING; thence 'North 0°14' East, 65.0 feet to NW corner of said Section 3; thence South 89°53' East, 1320.0 feet; thence South 0°OS' West to a point in center wine of"live irrigation ditch., the EIGHT MILE LATERAL OF RIDENBAUGH CANAL, a part of Nampa-Meridian Irrigation District's System; thence Northwesterly along centerline of said .Eght- Mile Lateral"throughout all its various courses to'the REAL PLACE OFBEGINNIlVG. Containing-13.7-812 acres, more or leas. Subject to the Southerly 'half of right-of- way of Ustick Road and to the Easterly half of right- - of-way of Black Cat Road, together with all appurtenances thereto. Grantees' Address: 4625 W. Ustick Rd. - Meridian, ID 83642 together with their appurtenances. Dated: January ~, 1980. -_ .6 ~' -t- ~ 4 il.. . • STATE OF IDAHO, COUNTY OF A DA ' on this say of January • Is 80~ before me, a notary public in and for said State, personally app"'1'~ Stewart Miley Terry and - ::'!t'•.,kaow~to..me to be'th,/~si-son 9 ~ ~ mho gg names are .:~"t~~;subs~ bed„t~t~te~svYthip~jnstrument, and acknowledged to =~ ~ ~ hie4d~at~. _ th ey `. executed the same. ~ , . p> /` Notary Public ' :~'~I:~Residln6Tlltt~..~C $Oi9e Ianho ~;. ~dmtit; Exp~ras ( d', f; $OWA ppileiaim"Decd (IBAI STATE OF IDAHO, COUNTY OF~~~„/ I hereby carti~jt~h.,at this iFatrumea a filed for record the request of ~~,~~,~.y~.a K // et ~j ~ minutes past ~ o cJocly~~/~m„ titinf ~~~+ asy of 'a'""` // IBD n , in my office, aad rlu7p rec 'D of Deeds at page J®HN ~q$~p~~ /~ Ex~Ot$cio e~t~,eriyr~~ . , ~ ~ ~, Deputy. Fees $~,.{, Matl to: Printed snd for ule 6s Bsme•York Compass, 9oW ~. 970„ X989 ADS!. ~,~,. ~ =(; C;?i;El? J. UA: iii '".(~^~ ;,t. ... gO~SE (D WI.G~C u.S ~ VYZU'Y'~ ~G~L a- GVIdjL~q~yrGrO '97 JUL 8 F~1 0 01 f ~~ i.T ~ ,,._ .;LQ~tE,T OF FOR VALUE RECEIVED, Stewart Miles Terry, Jr., as the sole Trustee of that certain Revocable Inter Vivos Trust dated June 18, 1980 whereunder Stewart Miles Terry and Nona Rachael Terry, husband and wife, were Trustors which Trust was registered in the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada, June 3, 1986 and under which the original Trustees were Stewart Miles Terry and Nona Rachael Terry, both of whom are now deceased, and Stewart Miles Terry, Jr. having been appointed Trustee of said Trust by Order dated June 3, 1986 signed by Patricia G. Young, Judge, in that certain proceedings then pending in the District Court of the Fourth Judicial District of the State of Idaho, in and for the County of Ada entitled "In the Matter of the Stewart Miles Terry and Nona Rachael Terry Revocable Inter Vivos Trust dated January 18, 1980", a copy of said Order being attached hereto, Grantor, does hereby convey, release, remise and forever quitclaim all of the right, title and interest of said Trust and of the Trustees therein in and to the following described real property unto Stewart Miles Terry, Jr. and Verla Terry, husband and wife,~~whose current address is 3709 Pasadena Dr., Boise, Idaho 83705, Grantees, the following described real property located in Ada County, Idaho, more particularly described as follows, to-wit: Quitclaim Deed -Page 1 ~~~ Commencing at the NW corner of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 0°14' West, to a point in West boundary of said Section 3, 65.0 feet; the real place of beginning; thence North 0°14' East, 65.0 feet to NW Corner of said Section 3; thence South 89°53' East, 1320.0 feet; thence South 0°08' West to a point in centerline of Live Irrigation Ditch, the Eight Mile Lateral of Ridenbaugh Canal, a part of Nampa-Meridian Irrigation District's System; thence Northwesterly along centerline of said Eight- Mile Lateral throughout all its various courses to the real place of beginning. ~% Containing 13.7812 acres, more or less. Subject to the Southerly half of right-of- way of Ustick Road and to the Easterly half of right-of--way of Black Cat Road, together with all appurtenances thereto. DATED this ~l day of July, 1997. ~;~ c ~ ~~ L _ ,u. Stewart Miles Terry, Jr. Trustee of that certain Revocable Inter Vivos Trust dated January 18, 1980 whereunder Stewart Miles Terry and Nona Rachael Terry are Trustors STATE OF IDAHO County of Ada ss. On this b day of July, 1997, before me, the undersigned, a Notary Public in and for said state, personally appeared Stewart Miles Terry, Jr., known to me to be the person whose name is subscribed to the within instrument as Trustee of that certain Revocable Inter Vivos Trust dated January 18, 1980 whereunder Stewart Miles Terry and Nona Rachael Terry are Trustors, and acknowledged to me that he executed the same as such Trustee of said trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the.day and year first above wririen. ;tN~'' ''~.,~.' ,,.y. r ~' . ~ ! ~. C ~•. ~ ~ 4,;~~ ~~..-a ~7 ~/l % but-c.~.~ ~~, ~• ~ , ~,•~°~~~ ''~``~ Notary Public f r Idaho ', ', " ~ r `~-:~'' Residin at ~3 '• ~S~EAL)~ ;,~;".' ~ My Commission Expires: ~ iG ~ i3 ~ ~• ,,., ... ~. r: { ..: z3_. `~`~`~' ~ ~rQtiirt~laim~Deed -Page 2 (~ .'~k~, CRAIG MARCUS MARCUS, MERRICK & MONTGOMERY Attorneys at Law 737 North 7th Street Boise, Idaho 83702-5595 Telephone: (208) 342-3563 CD;PY r~A. FIL'~L7 lylA P.NF._r------ JUN 31 „IOHN BItSTIDA, CNrk !!y PEGOY GATES DEPUTY IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA In the Matter of. the Stewart ) Civil No. Miles Terry and Nona Rachael ) Terry Revocable Inter Vivos ) O R D E R Trust dated January 18, 1980 ) The Petition of Stewart Miles Terry, the Trustee of the above Trust, for appointment of Stewart Miles Terry, Jr. as co- trustee of the above described Trust having come on duly for hearing before the above entitled Court and the Court being fully advised in the premises, NOW, THEREFORE, it is hereby ORDERED as follows: 1. Stewart Miles Terry is the only interested person entitled to notice of these proceedings and has waived in writing further notice of proceeding upon Petition for Appointment of Co-Trustee. 2. Stewart Miles Terry is the Trustee of the above described Trust. The Trustees named in the Trust instrument of the above entitled Trust are Stewart Miles Terry. and Nona Rachael Terry and Nona Rachael Terry has become deceased following execu- ORDER - Pg. 1 06/86 mrs C tion of the Trust instrument of the above described Trust. 3. It is appropriate for convenient administration of the above entitled Trust to appoint Stewart Miles Terry, Jr. as co-trustee of the above entitled Trust. 9. It is hereby ordered and this does order that Stewart Miles Terry, Jr. be and he hereby is appointed co-trustee of the above entitled Trust and that the Trustees of the above entitled Trust are Stewart Miles Terry and Stewart Miles Terry, Jr. and that if either ceases to be Trustee of the above entitled Trust because of resignation, death or removal, the surviving Trustee shall administer and distribute the assets of said Trust in accordance with the terms and provisions of the trust instrument of said Trust. Dated this 3 day of June, 1986. PATRICIA d. YOUNG Judge ORDER - Pg. 2 06/86 mrs -'y 12J1/2000 CITY OF MERIDIAN ENGINEERING DEPARTMENT 200 E. Carlton, Suite loo Meridian, ID 83642 Attention Bruce A. Freckleton RE: Owners Statement of Consent A portion of government lot 4 of section 3, T3N, R I W, BM. Meridian, Ada County Idaho I Veda Terry, consent to the development of my land. ,, Verla Terry __._ On this ~ day o~000~ before me Junelle Ceibel the undersigned a Notary Public in and for said State, Personally appeared Verla Terry, whose name is subscribed to the with in instrument, and acknowledged to me that he executed the same. '••~.. ~ n. u,,,~~, •. ~~~,,...... ~j~ '•. Notary Pub ~c .•~ ~ : a ~'• ~,~ ~'• ~ e ~~TAR ~: My commission expires on (- ~ -- Z C~.s"`j : * S ~ ~ ~ ~ '• AU B L1G ~~~IIl~~~~N~~, i/ G abed .`W171~: l G 00- l-~e0 •`Ob06E9b60Z •`5F133NIJN3 S31dI00SSb 'S 11IA1731 ~/~9 ~ueS 11/30/2000 CITY OF MERIDIAN ENGINEERING DEPARTMENT 200 E. Carlton, Suite 100 Meridian, ID 83642 Attention Bruce A. Freckleton RE: Owners Statement of Consent A portion of government lot 4 of section 3, T3N, R1 W, BM. Meridian, Ada County Idaho I Stewart Miles Terry, Jr., consent to the development of my land. ~ ~~ ~ /`I ~-~~ ~, Stewart Miles Terry, Jr. On this' day o~~~00 before me Junelle Geibel the undersigned a Notary Public in and for said State, Personally appeared Stewart Miles Terry, Jr., whose name is subscribed to the with in instrument, and acknowledged to me that he executed the same. ~ ~ ~ ~~ i ~aTARr Notary Public My commission expires on 1 '~~ !'U LlC ~ B ~ • ... ~ _. '.~ .. .: ... ..... .. . ...~.... - 1._. ~ .... .. .. Rw~. .J .v_.~ .. ._. +I... .:....iti •._n.va... .~.Y. .S .~...... •.a uta,ulu .Jn:..l:... 5a. ...,. .a.1........ ..:.d...,.u... i= .iwx3ia. ta'Y d.LS'~ +.-.-... Y LEAVITT & ASSOCIATES ENGINEERS, INC. Structural -Civil -Materials Handling -Planners -Surveyors 12/1/2000 CITY OF MERIDIAN ENGINEERING DEPARTMENT 200 E. Carlton, Suite 100 Meridian, ID 83642 Attention Bruce A. Freckleton RE: Statement of desirable zoning characteristics, Statement of necessity for zoning amendment, Statement of how zoning amendment relates to City of Meridian Comprehensive Plan. A portion of government lot 4 of section 3, T3N, R1 W, BM. Meridian, Ada County Idaho Staten Park Subdivision is intended to be developed into single-family residential building lots. It is desirable to change the zoning to match the surrounding subdivisions. It is necessary to change the Staten Park Subdivision zone form RT to R4 to match the single family zoning ordinance and the City of Meridian Comprehensive Plan. Staten Park Subdivision zoned as R4 relates to the City of Meridian Comprehensive Plan. Sincerely Leavitt & Associates Engineers, Inc. ~~ Kurt Smith, E.I.T. cc: File 11 -Thirteenth Ave. South, Suite A -Nampa, ID 83651 - 208 / 463-0333 -Fax 208 / 463-9040 ~.°`, ^ w~ :\y*. ~. 6]6!»eso 9~ t 4 so6]useoo ~\F ,~, .. 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I ~ i1 __ _ _ _S~~t 5y: ; _.., 208 888 6854; Now.y7-00 10:26AM; PROPE~tTY OWNERS yo'ITHIN 300' QUFN;LER EUGENE & QLTr.N7L+R AIZUYCE L 4020 N BLACK CAT RD MI ~RII~IAN ID 83642-0000 3680 N?BLACK CAT RD JC-HN~ON C FRANK & JEAN E TRST JOHNSON (: F & J E CO-TRUSTEES 4010 lR~ USTICK RD MLRI171AN ID 83642-5483 W U5T1CK RD MILL:I~,R ROSS E & I.C)Rl L 6970 i.~STIGK RD I30ISE ID 837()40000 46251X~ US PICK RD TERRY STEWART MILES JR & VERLA 3709 PASADENA DR BUISE~ ID X3705-4651 4625 W USTICK RD STE.INE.R LOUIS J 554E $ELI;LVUE RD STE I3 ATWATER CA 95301-2300 W US~'ICK:RD N BI.PiCK CAT RD W MnON LAxr. Dlt WII.KTN5 JOHN A tic WILKNS RUTH Lx 3764 W USTICK RD MF..RIDIAN ID 83642-5430 W USTI(.:K 1tD SORE~ISLN MICHAEL G & KAREN L 3150 h? BI.Ac,K c.AT RD MERIDIAN ID 83642-5355 N BLACK CAT RD GESEt.T.r. c:F~tARLES S & G}?SELLE DAWN 4630 W MOON LAKE DR MERIDIAN Ill 83642-0000 BU(i)~:NREIF GARY I. 4604 W MOON LAKE DR MERIDIAN Ill 83642-0000 ALLSBROUK ALLEN S & ALLSBROOK IaEBC)itAH M 4588 W MOON LAKr. DR MERIDIAN ID 83642-0000 RILL; GARY B & RIc.;E AMY C 4575 MOON LAKE 1~R MERIDIAN ID 83642-0000 MERIDIAN CITY 33 E TI)AHU AVE MERTDIAN ID 83642-2b31 N BLACK CAT RD Page 2/3 Sent Ry: ; 208 888 6854; \ J.~ ~.:~~-J Novi-i.,7 - 00 10 : 27AM; Page 3/3 - ~ -~., - _ _ _ _ .\ 1 ~\. - ;,~i~ ~ . T ,.. ~ u ` ~~~~ ~ ~~;.-.~~_ off.. ~~,~ .~ ~~ •. --, ~: -ITC.ILl.i.LT.LLL~%. r•• <.:. LEAVITT & ASSOCIATES ENGINEERS, INC. Structural -Civil -Materials Handling -Planners -Surveyors 11/30/2000 CITY OF MERIDIAN ENGINEERING DEPARTMENT 200 E. Carlton, Suite 100 Meridian, ID 83642 Attention Bruce A. Freckleton RE: Affidavit for Staten Park Subdivision in a portion of government lot 4 of section 3, T3N, R1 W, BM. Meridian, Ada County Idaho Staten Park Subdivision will be posted 1 (one) week before the scheduled public hearing. Daniel D'Alessio D'Alessio Building Development D'Alessio Building Development 11 -Thirteenth Ave. South, Suite A -Nampa, ID 83651 - 208 / 463-0333 -Fax 208 / 463-9040 .~ EXHIBIT A Description of Parcel 2 Date: November 20, 2000 Page 1 of 1 pages PARCEL 2, as shown on Record of survey No. 4892, recorded as Instrument No. 97101984 in the Ada County Recorder's office, being a parcel of land in Government Lot 4 of Section 3, T.3N., R.1 W., B.M.,Ada county, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 3, in the intersection of Ustick Road and Black Cat Road; thence, 5.89°10'38"E., 1314.32 feet (5.89°53"E., 1320.0 feet per previous deed) along the north line of said Section (centerline of Ustick Road) to the northeast corner of said Government Lot 4 and the POINT OF BEGINNING; thence, 5.00°33'02"W. (S.0°08"W), 834.98 feet along the east line of said Lot 4 to a point in the centerline of Eight Mile Lateral of the Ridenbaugh canal; thence, along said centerline the following courses: N.49°45'05"W., 57.26 feet; thence N.57°20'47"W., 192.74 feet; thence, N.54°35'00"W., 126.50 feet; thence, N.63°59'23"W., 202.17 feet; thence, N.60°05'49"W., 48.03 feet to a point; thence, leaving said centerline, N.00°33'02"E., 515.75 feet to a point on the north line of said Section 3 (centerline of Ustick Road); thence continuing, N.00°33'02"E., 25.00 feet to a point on the north right of way of Ustick Road; thence, 5.89° 10'38"E., 535.54 feet along said right of way to a point; thence, 5.00°33'02"W., 25.00 feet to the POINT OF BEGINNING. said Parcel 2 containing 8.46 acres of land, more or less, and being subject to the right of way of said Ustick Road and the easement for said Eight Mile Lateral. Prep y: Raymond A. Scott, PLS 8578, of Leavitt & Associates c`SQ~~~STER~~~Qs Engineers, Inc., from the abovementioned Record /~ of Survey No. 4892, and not from an actual survey ~Y -- -- made by Leavitt & Associates Engineers, Inc. o ~' f~~'Ril31AN PUBLIC WORKS D~; \~°O A .~. NW COR 589' 10'38"E 25.00' SEC 3 1314.32 Q Q Q U Y C 00 S89' 10'38'"E ~i n _~~ ~I I I I I 4JI N O M ~ O~ Q ZI I E/G,h,T Nsoo 03. Miff ¢9 s ~TFR . \3's q~ ~o~ 92\ ;:K :ROAD 535.54' i• i o'.38 "E 25.00' c35.54' ~ - T POB I i I I 1 I I I I~ IM ~~ I I I I 1 I i~ ~O 0 ~~ I :~ . GRAPHIC SCALE ' ~~ ~ .;,;`~~ s s~~o s ., 100 0 50 100 200 300 - ;;: ~ ~ ... I \ I ~, ( IN FEET) 'f +: ., , ~ ti 1 inch = 100 ft. ~'~ ~~2 `O ~~. '.. ~') A I . a 1~~.;1, !7 {;, ' ~ s Poet-IY Fax Note 7671 °~ L /S ~es~ i j;;~i ~: % ; ; ~? i~ _, ~.. ~9• ~S- s TO S' ~ From ,~ ,~ pS~ Phone 8 ~f G. --U 3 3 ''' ~` ~ r^.::. . Fex 8 ~ :;:}; -.. :. :;.~ <;~'; t, ,. .,. ~~G a6~d `WV00~6 00-51-~a0 I'.~>~ . `•Ob06E9ti80Z `Sd33NIJN3 531dI00SSd '8 11 I~V31 ~/~9 ~uag 0 Q 0 Q U Y U ~/,- V ~~l ~ c_,. ~Y"a~~ ~~ ~ ,~ , .., . , ~ ~ C, ~ ~~~ ~ . - ~ ~' ~'~ ~ ~~ ~__.._ USTICK ROAQ _. ___. S89'10'38"E S89'10'38"E ~ 1314.32 -- -- -- -- __ _ 535.54' - - - ~~o i _~ ~~ f ~~ ~I I ~ V~ ~ 1 ~ ~~ I W N V_ ~ ~ O I M~ I ~I ~ Z I I I I I ~~ o i~ti ~ o r M N 48 s° o ~ ~~F ` I s, / " 49, ~ITF o i cn RgC E ~ \ N6 Sg. 202 ~~ GRAPHIC SCALE .'1~SR3 '~6~°ok ~ 100 '~ 50 100 200 300 ~ ~ ` =~ E n \ ~~ 1 i ch iv0 ft. 20• A '~~ ~ \ ~ s S• O S ~ V ~ .-., CITY OF MERIDIAN "Hub of Treasure Valley' ' ~ 33 E. Idaho Meridian, Idaho 83642 888-4433 ,; Order No. Date ~ Z-- I -~ Name '~ "S -~ ~C C . Address Phone: SOLD BY `6A~5+Y- C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT Y ~ ~ ~ C( ~ ~ ~ ~ f~inz~ r fiv n 5 Za ' - I I All claims and returned goods MUST tie accompanied by'this: bill. ~ TAX 0 012 416 BYceived ; , TOTAL 5z~ `( z GS-202-2 PRINTED IN U.S.A. ~1 Pp~NTEO wirM ~`~ n et~l ~:~/ SOYINK JCiC1Y1iL .-. CITY OF MERIDIAN . "Hub of Treasure Valle' 33 E. Idaho Meridian, Idaho 83642 888-4433 aA o~ 'J~ -y 1~~ cl w = _ o ~ o ~~ D ~~~ ~ ~ '~ s m ~" r II r r ~ ~ ~ . ~ ~ ~ ~ ~ ~ Z 'A! ~ ~ ~ ~ 11 1 r ~ l ~ ~ N n ~>m ~ moo' '~ +I~ ~ Orr ! ~~~ QO ~~ I ~'~ D m ~ ~ ~ ' '' O ° s n Zzm 5 A 1D~rn = , 11 ' o '" 3 n o W '< ~ rn 1'~ 1~ r DZO - -. ~ ~ -,, ~ ~ '~ ~ o ~ o ~ ~ . j ' o ~, ~- w Z ~I ~! ° Z -+ ~ ~ i ~ Z ~~~I I ~ ~ ~ ~,; '', I _ : I J 1. I . ~ ~'' I ~ m ~ y~I Q7 I I L ~ ~ i i ro .~ i ~S1 oo r. - ~ ~ cn w ~, ~ N , , U ~ ' I ~ ~ I ~ I i~ " d I~~ Ipl ~ II I~ a `~ ~ ca II ` , a '~ I ~ g~ ~, ^u stomer's ~I_ Vame v Y~ r 4ddress Phone: SOLD BY 1 CA'SrT C.O.D. /~ ~ ~ ~~ ~ CHARGE ~ ON ACCT. MDSE. RETD. PAID OUT 1 i ~ - 2 ~~ v .~ ?~ ~~t ~3~ x Z ~ ~- I I i I 1 I I I I I I I I I Ali claims andretumed goods MUST be accompanied.by this blu. TAX ~ 0 012 413 gyceived TOTAL S~1 ~ ; ~ 2 GS-2O2-2 1~J' pAINTEO WITH '~~py~~„pg~ PRINTED IN U.S.A. ~ $OV INK _ C~J i'.u+'^i~8t,(/ March 1, 2001 AZ 00-025 MERIDIAN CITY COUNCIL MEETING March 6, 2001 APPLICANT Leavitt and Associates ITEM NO. 9 REQUEST AZ of 8.15 acres from Ada County RT zone to R-8 for proposed Staten Park - e/o Black Cat and s/o Ustick 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: COMMENTS See attached findings ~l~yUl ~,~ ,1 a~~ OTHER: 0 Contacted: k~.~ ~' ~ ~" (~=~:Z ~,~ ~ Date: - ~ !/ ~' % Phone: ~ (~~ ~~:~ .~~~ Materials presented at public meetings shall become property of the City of Meridian. RECEIVED interoffice MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichol Subject: Staten Park (AZ-00-025) Date: February 26, 2001 Will: MAR 0 1 2001 CITY pF MERIf~~ rt i °tg~^~• t _ u Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL, pertaining to the above matter. Please note this application was denied at the City Council meeting on February 20, 2001. These Findings are now ready to be placed upon the March 6, 2001 City Council agenda. If you have any questions please advise. Z:\Work\M\Nleridian\Meridian 15360M\StatenParkDenyAZ025\Berg022601AZDeny.Mem March 1, 2001 PP 00-027 MERIDIAN CITY COUNCIL MEETING March 6, 2001 APPLICANT Leavitt and Associates ITEM NO. 1 ~} REQUEST PP for 24 building lotsx and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision - e/o Black Cat and s/o Ustick Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ "' CITY WATER DEPT: CITY SEWER DEPT: ,J~ MERIDIAN SCHOOL DISTRICT: V ~/ " °' 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: lc~"u.~.~-k~. c~.~~~1'+ - ~. Date: ~,d~> ~~8 Phone: - .~ Materials presented at public meetings shalt become property of the Cify of Meridian. ry ~EI~.~ interoffice ~~~Q~~~~ MEMORANDUM 1l~lAN ~Il`Y CLERK QFFICE To: William G. Berg, Jr. From: Wm. F. Nicho%~'/ `~ Subject: LEAVITT &~ASSOCIATES /DENIAL FOR PROPOSED STATEN PARK SUBDIVISION File: PP-00-027 Date: February 26, 2001 Will: Pursuant to City Council's action at their February 20, 2001, meeting, pertaining to the Annexation and Zoning application by Leavitt &. Associates for the proposed Staten Park Subdivision, and Council's denial thereof, please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT in Staten Park Subdivision. This may be presented to the Mayor to obtain his signature only after the City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. AZ-00-025. After you have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\StatenParkDenyAZ025\C1erkDenia1PP022601.1tr RECEIVE:~p D'Alessio Building & Development, Inc. 6314 N. Park Meadow Way #103 Boise, Idaho 83713 {208) 861-6499 HAND DELIVERED February 22 2001 City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 FEB 21 2001 CITY OF MERIDIArd Ke: City Council Regular Meeting Agenda Items #10 & #11 AZ 00-025 Request for annexation and zoning for proposed Staten Park Subdivision PP 00-027 Request for prelim. plat approval for proposed Staten Park Subdivision Attention: City of Meridian Mayor and City Council Members In reference to your vote on the public hearing for the above project, we as the applicant believe that there is information that was not heard and/or all of the information may not have been considered that may offer you direction on whether or not you could support this project. The proposed subdivision has had no opposition from any of the city agencies that would provide services. Shari Stiles, Planning & Zoning Administrator, appeared at the hearing and recommended approval. The proposed subdivision was presented to the Council by Kurt Smith of Leavitt and Associates. During his presentation to the Council he briefly outlined the scope of the subdivision and the amenities. After his presentation, Mr. Smith asked the Council members if they had any questions or comments that he might respond to. A brief exchange on the fencing was discussed and the Council had no further comments or questions for Mr. Smith. Mayor Come then asked the public if there was any opposition to this project and there was none. The Council then voted to close the public hearing and the Council then discussed the application. At this time two Council members introduced negative comments regarding the density and price of the lots and homes that would be built on these lots. As the public hearing was now closed, Mr. Smith was not given the opportunity for rebuttal or the opportunity to present additional information regarding the issues raised by the opposing Council members. A roll call vote was conducted, and Mayor Come subsequently broke the tie and voted against the proposed subdivision. It would seem only fair and reasonable that the opposing Council members would have raised these issues during Mr. Smiths' presentation while the public hearing was open and he still had the opportunity to respond. Had Mr. Smith had the opportunity to respond, he would have presented additional information that may have changed the result of the vote. D' Alessio Buildin¢ & Development to City of Meridian Mayor and Council Page 2/2 In addition, after voting against this project, Mayor Corrie suggested that we resubmit changes to the plat, but neither he nor any of the Council members offered any suggestions as to what changes they would support. In consideration of the above facts, we respectfully request that this application be re-opened for public hearing at the earliest possible date and prior to the submission of Findings of Facts on March 6, 2001. By re-opening this application the Council will then have the opportunity to hear our responses to their concerns. Sincerely, ~~`~~~ Daniel D'Alessio President D'Alessio Building & Development, Inc. February 22, 2001 Y} BEFORE THE MERIDIAN CITY COUNCIL FILf COPY C/C 02/20/01 IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 8.15 ACRES FOR STATEN PARK SUBDIVISION, LOCATED ON THE SOUTH SIDE OF USTICI~ ROAD, 1/4 MILE EAST OF BLACK CAT ROAD, MERIDIAN, IDAHO BY: LEAVITT & ASSOCIATES ENGINEERING Case No. AZ-00-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on February 20, 2001, at the hour of 6:30 o'clock p.m., Shari Stiles, Planning and L;onng Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: Kurt Smith of Leavitt & Associates Engineering, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) scheduled for February 20, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon- the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 20, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER OF DENIAL / LEAVITT SzASSOC. ENGINEERING -STATEN PARK (AZ-00-025) rte. 4. The property is approximately 8.15 acres in size and is located on the south side of Ustick Road, 1/4 mile east of Black Cat Road. The property is designated as Staten Parlc Subdivision. 5. The owners of record of the subject property are Stewart Miles Terry, Jr. and Verla Terry, of Boise, Idaho. 6. Applicant is D' Alessio Building Development, Boise, Idaho. 7. The property is presently zoned by Ada County as RT. 8. The Applicant requests the property be zoned as R-4. 9. The subject property is bordered on the north by Ada County agricultural land, to the south and east by residential subdivisions zoned R-4 and to the west by Ada County Rural Residential. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: A 29 lot residential subdivision. 13. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER OF DENIAL / LEAVITT SL ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) rte.. 14. There are no significant or scenic features of major importance that affect the consideration of this application. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. That in § 11-2-417 A it provides in part that: "If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." 5. Idaho Code § 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) ~ ~ "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 6. Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional use permits" ....when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 7. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII § 2 of the Constitution of the State of Idaho. 8. The provisions of I.C. § 50-222 govern the conditions upon which the City maw exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for annexation is denied because of the abundant FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OF DENIAL / LEAVITT SzASSOC. ENGINEERING -STATEN PARK (AZ-00-025) ~• ,~- inventory of R-4 zoned subdivisions with 8,000 sq. ft. lots. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the annexation and zoning may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of F`~%`~'~'e~' , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED__ ~~~~L COUNCILMAN KEITH BIRD VOTED l`~ COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE MC LANDLESS VOTED Gv FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER OF DENIAL / LEAVITT SzASSOC. ENGINEERING -STATEN PARK (AZ-00-025) .~^, MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ 6 -D~ ~. VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ~~r-~at~-~~y~~r ~a~~~ ~ +FR~~~SQ, /,- ~ o~ ~. By: /<~`~ Dated: ~ P/ ~~ ~ ~ o ity Clerk ~~~~ z msg/Z:\Work\Nl\Meridian\Meridian 15360M\StatenParkDenyAZ025\FFCLOrdAZDENIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / LEAVITT SL ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) ~ ~+ ," Page 7 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN & DINItIS CHRISTOPI$Z S, NYE J[n,tE KLEIN F1scHHx Pim,m A. PsiT-xsox WM. F. GIGRAY, III ERIC S. ROSSMAN BRExT J. Jotnvsox TODD A. RossMAx D. SAMt1Fl. JOHNSON DAVID M. S WARTLEY LARRY D. MOORS TIRRINCE R WHITE** WII,LIAM A. MORROW NICHOLAS L. WOLLIN WILLIAM F. NICHOL$* ATTORNEYS AT LAW 200 EAST CARLTON AVE., SUPIT' 31 PosT OFFtcE Box1150 MEItIDL4N, IDAHO 83680-1150 NAMPA OFFICE 5700 E. FRAxxLIx RD., sTE 200 NAMPA, IDAHO 83687-8402 TEL. (208 466-9272 FAX (208 466-0405 *Also admitted in OR ** Also admitted in WA TII, (208)288-2499 FAx (208) 288*2501 E-MAIL: @wrPMC.coM PLEASE REPLY TO 1VIERIDIAN OFFICE RECEIVED To: Staff Applicant Affected Property Owner(s) Re: Application Case No. January 29, 2001 AZ-OQ-025 FEB -1 2001 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity 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 im ortant to have a consistent format by which matters are presented at the public hearings be~ore 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 Planiiuig and Zonmg Commission; and That you carefullyy complete (be sure it is le 'ble) the Position Statement if you disa ee with the Findings and~ecommendations of the Planning and ~oning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The cop>les will be ppresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a ggrroup, it is stropgly recommended that one Position Statement be filled out for the group, wFiich can be signed by the representative for the group. Very ly yours, . ~--~-~. City Attorney's Office ly/ n BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 8.15 ACRES FOR STATEN PARK SUBDIVISION Case No. AZ-00-025 RECOMMENDATION TO CITY COUNCIL BY LEAVITT & ASSOC. ENGINEERING RECEIVED FEB - i 2001 CITY OF MERIDIAN INTRODUCTION 1. The property is approximately 8.15 acres in size and is located on the south side of Usticlc Road, 1/4 mile east of Blaclc Cat Road. The property is designated as Staten Parlc Subdivision. 2. The owners of record of the subject property are Stewart Miles Terry jr. and Verla Terry, of Boise, Idaho. 3. Applicant is D'Alessio Building Development, of Nampa, Idaho. 4. The property is presently zoned by Ada County as R-T. 5. The Applicant requests the property be zoned as R-4. 6. The subject property is bordered to the north by Ada County agricultural land, to the south and east by residential subdivisions zoned R-4 and to the west by Ada County Rural Residential. 7. The property which is the subject of this application is within the Area RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -STATEN PARK SUBDIVISION - LEAVITT SL ASSOC. ENGINEERING /'~ /"` of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: 29 lot residential subdivision. 10. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 1 1. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application. Z:\work\M\Meridian\Meridian 15360M\Recommendations/1Z0255tatenPark.wpd RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -STATEN PARK SUBDIVISION - LEAVITT SzASSOC. ENGINEERING Theldaho Statesman Account # DTI# Identification Amount: 064514 396356 NOTICE OF HEARING $93.48 Ordered by: P.O. # gate Run Dates NT FEBRUARY 2, 16, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 5 8 MERIDIAN, ID 83642 Affidavit Legal # 1 9456 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the CiN of Meridian and the Laws of the State of Idaho that the ~~ i F old a p°UUblic hea tr ng e~the Mer(dlan Ciri Hall, 33 Easf Idaho Street, Meridian, Ida- fio, at the hour of 6:30 p.m. on February 20, 2001, for the purpose of reviewing and considering the applications of: Hubble Engineering for a request for annexation and zoning of 5.4 acres from an Ada County RT zone to R-8 fora pro- POSed planned development for proposed Kodiak Development. generally located west of Meridian Road .one-hall mile south of Overland Road; Leavitt and Associates for a request fur annexation and zoning of 8.15 acres from Ada County RT zone to R-4 for proposed Staten Park Subdivision generally located east of Blade Cat Road and south of Ustidc Road; amer rots on s.ts acres in a proposed R-4 zone for Proposed Staten Park Subdivision generally located east of Blade Cat Road and south of Ustidt Road; Janet Torgenson for a Conditional Use Permit for a dlild-care center for 24 chil- dren in an R-15 zone for proposed ABC Club Daycare -and Preschool generally located at 650 West Broadway; BRS Architects for a request to rezone 8.88 acres from R-4 b L-O for Proposed JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWQ consecutive weekly single consecutive daily odd skip insertion(s) beginning with the issue of: FEBRUARY 2 2001 and ending with the issue of: FEBRUARY 1 6 , 2001 St. AlPhansus Regional Medical Center COUNTY OF ADA Ambulatory Care Center generally On this 1 6 day of FEBRUARY in the year of 2001 located at the southeast wmer of Cherry Lane and Te_n Mile Road; before me, a Notary Public, personally appeared before me Janice Hildreth Permit Mora p anne~drunit d~evei opmerrt n a Proposed L-O zone for proposed St. known or identified to me to be the person whose name subscribed to the -Alphonsus Regional Medical Center within instrument, and being by me first duly sworn, declared that the state- Jocated toftie sCotaitheast Amer of Che l~ ~i ments therein are true, and acknowledged to me that she executed the same. Lane and Ten Mile Road; i The Land Group for preliminary Plat a Proposed C-G Izane Ifor Proposed Mali lane Commercial Complex generally ~'~'~- located at the northwest comer of Fair- Notary Public for Id o view Avenue and North Hickory Way; Residing at: Boise, Idaho Pub. Feb. 2,16, 2001 9456 M~ mission expires: _ ~~~.••'y ~ B RI '~'••. y ~ ~pTA$p ~•~ _ • * .* pUBL1G L P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION ~ ~ - - ^ - `~ = . STATE OF IDAHO ) )SS Theldaho Statesman Account # DTI# Identification Amount: 064514 396356 NOTICE OF HEARING $93 48 Ordered by: P.O. # Rate . Run Dates NT FEBRUARY 2, 16, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 5 8 MERIDIAN, ID 83642 Affidavit Legal # 1 9456 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEI to the Ordinances of the Cify t CiNmCouncilsof tmhe SC1N off M. hold a public hearing at the AAt w, u~ue~ mg one aPP11CaTlOnS OC '. Hubble Engineering for a request for annexation and zoning of 5.4 acres from an Ada County RT zone to R-8 fora pro- posed planned development for proposed Kodiak Development generally located west of Meridian Road one-half .mile south of Overland Road; Leavitt and Associates for a request for annexation and zoning of 8.15 acres. from Staten Par^~Ic SRubd vis own gRene~ly ocoate~d ! east Of Blade Cat Road and south of Ustidc Road; :.. Plat approVa Ofs24 bfuiltlfngProts and 5 ' other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision generally located east of glade Cat Road and south of Ustidc Road; Permitffor a dtri d^ re ce ~ftor 441cUh le dren In an R-15 zone for proposed ABC Ctub Daycare and Preschool generally I BRSArdiOifewciessfo a requeest t0 rezone 6.88 acres from R-4 to L-0 for proposed r 5t. Alphonsus Regional Medical Center : 4mbulatory Care Center generally orated at the southeast wmer of Cherry _ane and Ten MiIP Rnari~ comer of Che Preliminary f s on 6.95 acre: Pub. Feb. 2,16, 2001 9456 P.O. Box 40, Boise, Idaho 83707-0040 ~ - -.- LEGAL ADVERTISING PROOF OF PUBLICATION ~~ - ~ - -~~ -" ~ . JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: T~/O consecutive weekly single consecutive daily ~X odd skip insertion(s) beginning with the issue of: FEBRUARY 2 2001 and ending with the issue of: FEBRUARY 1 6 , 2001 COUNTY OF ADA '',~~44 ~B RICA .,~~. ~•.ti 1, . ~'~~~pTAgl„~' ~~~ i * s ~'UBL1G J')~'b O .,~~,,qTP ~F L~A~~~~o On this 1 6 day of FEBRUARY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Id o y~~ Residing at: Boise, Idaho M~~~mission expires: ~ ~ ~ ~~~r STATE OF IDAHO ) )SS ~"~ E C BEFORE THE MERIDIAN CITY COUNCIL C/C 02/20/01 IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 8.15 ACRES FOR STATEN PARK SUBDIVISION, LOCATED ON THE SOUTH SIDE OF USTICI< ROAD, 1/4 MILE EAST OF BLACK CAT ROAD, MERIDIAN, IDAHO BY: LEAVITT SL ASSOCIATES ENGINEERING Case No. AZ-00-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on February 20, 2001, at the hour of 6:30 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: I<urt Smith of Leavitt &. Associates Engineering, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / LEAVITT SzASSOC. ENGINEERING -STATEN PARK (AZ-00-025) ''1 ~, scheduled for February 20, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 20, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) ~'1 4. The property is approximately 8.15 acres in size and is located on the south side of Usticlc Road, 1/4 mile east of Black Cat Road. The property is designated as Staten Parlc Subdivision. 5. The owners of record of the subject property are Stewart Miles Terry, Jr. and Verla Terry, of Boise, Idaho. 6. Applicant is D' Alessio Building Development, Boise, Idaho. 7. The property is presently zoned by Ada County as RT. 8. The Applicant requests the property be zoned as R-4. 9. The subject property is bordered on the north by Ada County agricultural land, to the south and east by residential subdivisions zoned R-4 and to the west by Ada County Rural Residential. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: A 29 lot residential subdivision. 13. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) -'1 ~'1 14. There are no significant or scenic features of major importance that affect the consideration of this application. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. That in § 11-2-417 A it provides in part that: "If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." 5. Idaho Code § 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL / LEAVITT SL ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) ~ ~ "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 6. Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional use permits" ....when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 7. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII § 2 of the Constitution of the State of Idaho. 8. The provisions of I.C. § 50-222 govern the conditions upon which the City ~ exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1. That the application for annexation is denied because of the abundant FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) inventory of R-4 zoned subdivisions with 8,000 sq. ft. lots. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the annexation and zoning may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of !~~'C~' , 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE MC LANDLESS VOTED___~~~`-' VOTED /'~ _~ VOTED VOTED ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) .-~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~-6 ~- O~' VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. _.~~, By: /~G ity Clerk Dated: ~' r~/'d ~~~ msg/Z:\Work\M\Meridian\Meridian 15360M\StatenParkDenyAZ025\FFCLOrdAZDENIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL / LEAVITT ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) r ~~, ~~ ~,y,~ 4 ,, P ~'~~aaa..~:,,.., . Page 7 FILE COPY BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN GC 02-20-01 IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR STATEN PARK SUBDIVISION FOR 24 BUILDING LOTS AND 5 OTHER LOTS ON 8.15 ACRES, LOCATED EAST OF BLACK CAT AND SOUTH OF USTICI~ ROAD, MERIDIAN, IDAHO Case No. PP-00-027 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT BY: LEAVITT AND ASSOCIATES ENGINEERING The above entitled matter coming on regularly for public hearing before the City Council on February 20, 2001, at the hour of 6:30 p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the City Council takes judicial notice of its action of the denial of the application for annexation and zoning in Case No. AZ-00- 025, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. AZ-00-025, does hereby deny the application for preliminary plat approval. FINDINGS OF FACT 1. It is found that the Recommendations to City Council of the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING PRELIMINARY PLAT STATEN PARK SUBDIVISION BY: LEAVITT &ASSOCIATES (PP-00-027) - 1 and Zoning Commission is not reasonable, nor appropriate ate, for the conditions of approval of the preliminary plat due to the denial of the annexation and zoning in Case No. AZ-00-025. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5, and based upon the above and foregoing Findings of Fact which are herein adopted. IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the annexation and zoning in Case No. AZ-00-025, the Council does hereby deny the application for preliminary plat approval. By action of the City Council at its regular meeting held on the ~ ' day of 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED__~~~`~ COUNCILMAN KEITH BIRD VOTED /~ -~ COUNCILWOMAN TAMMY deWEERD VOTED_~~~~-- COUNCILWOMAN CHERIE McCANDLESS VOTED_ '~~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING PRELIMINARY PLAT STATEN PARK SUBDIVISION BY: LEAVITT & ASSOCIATES (PP-00-027) _ 2 y MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED .~-~-©~ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. _~.,Q..~. _~ By. ~-.. Dated: City Clerk .- Q ~ ~~`b msg/Z:\Work\M\MeridianWleridian 15360M\StatenParkDenyAZ025\FfClsOrdDeny.PP FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING PRELIMINARY. PLAT STATEN PARK SUBDIVISION BY: LEAVITT & ASSOCIATES (PP-00-027) ~A - 3 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 8.15 ACRES FOR STATEN PARK SUBDIVISION, LOCATED ON THE SOUTH SIDE OF USTICI~ ROAD, 1/4 MILE EAST OF BLACK CAT ROAD, MERIDIAN, IDAHO BY: LEAVITT &ASSOCIATES ENGINEERING FILE COPY °`°~°°' Case No. AZ-00-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on February 20, 2001, at the hour of 6:30 o'clock p.m., Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: Kurt Smith of Leavitt SL Associates Engineering, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) ~, scheduled for February 20, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the February 20, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) r1 ,''~ 4. The property is approximately 8.15 acres in size and is located on the south side of Ustick Road, 1/4 mile east of Black Cat Road. The property is designated as Staten Park Subdivision. 5. The owners of record of the subject property are Stewart Miles Terry, Jr. and Verla Terry, of Boise, Idaho. 6. Applicant is D' Alessio Building Development, Boise, Idaho. 7. The property is presently zoned by Ada County as RT. 8. The Applicant requests the property be zoned as R-4. 9. The subject property is bordered on the north by Ada County agricultural land, to the south and east by residential subdivisions zoned R-4 and to the west by Ada County Rural Residential. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: A 29 lot residential subdivision. 13. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) ~, 14. There are no significant or scenic features of major importance that affect the consideration of this application. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. That in § 11-2-417 A it provides in part that: "If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." 5. Idaho Code § 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) ,~`~ !~ "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 6. Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional use permits" ....when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 7. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII § 2 of the Constitution of the State of Idaho. 8. The provisions of I.C. § 50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1. That the application for annexation is denied because of the abundant FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) ,~ inventory of R-4 zoned subdivisions with 8,000 sq. ft. lots. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the denial of the annexation and zoning may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of ~~'~~~~' , 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE MC LANDLESS VOTED___~~~~ VOTED /`~ __-_~~ VOTED VOTED Gv FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER OF DENIAL / LEAVITT &ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) .~. /'. MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: -6 -O~ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. _~,~,~ By: ity Clerk Dated: ~~ ~~~ msg/Z:\Work\M\Meridian\Meridian 15360M\StatenParkDenyAZ025\FFCLOrdAZDENIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~~L ~~ ~~T,~ ~, ~P p~~ ~~:.~..~:..,...r . Page 7 AND DECISION AND ORDER OF DENIAL / LEAVITT SL ASSOC. ENGINEERING -STATEN PARK (AZ-00-025) r A ' 1 ' 1 FILE CO PY BEFORE THE MERIDIAN CITY COUNCIL C/C 07/17/01 IN THE MATTER OF THE APPLICATION OF D' ALESSIO BUILDING Sz DEVELOPMENT, INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 8.15 ACRES FOR PROPOSED STATEN PARK SUBDIVISION, LOCATED AT THE SOUTHEAST CORNER OF N. BLACK CAT ROAD AND W. USTICI~ ROAD, MERIDIAN, IDAHO Case No. AZ-01-009 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 July 17, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing was the Applicant, Dan D'Alessio, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-01-009 ) /'~ ,^ zoning vas published for two (2) consecutive weeks prior to said public hearing scheduled for July 17, 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 July 17, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-01-009 ) 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 8.15 acres in size and is located at the southeast corner of N. Black Cat Road and W. Usticlc Road, Meridian, Idaho. The property is designated as Staten Parlc Subdivision. 6. The owner of record of the subject property is Stewart Terry and Verla Terry, whose address is 3709 Pasadena Drive, Boise, Idaho 83705. 7. Applicant is D' Alessio Building &. Development, Inc., whose address is 6314 N. Park Meadow Way, Suite 103, Boise, Idaho 83713. 8. The property is presently zoned by Ada County as RUT, and consists of pasture land. 9. The Applicant requests the property be zoned as R-4. 10. The subject property is bordered to the north and west by Ada County property, zoned RUT and to the south and east by the City limits zoned R-4. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-O1-009 ) manner: develop 23 single-family residential building lots and 5 other lots. 14. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Due to the fact that the applicant is proposing minimum house square footages greater than that required in an R-4 zone and inclusion of a pathway, a development agreement shall be required as a condition of annexation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. 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. The applicant shall not be required to the the Eight Mile Lateral. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-O1-009 ) 3. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscaping irrigation. 4. Five-foot-wide sidewalks and pedestrian wallc`vays shall be provided in accordance with City Ordinance Section 12-5-2.I~. 5. Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1,3, 4 and 6 only meet this requirement on one side and shall require directional arrows indicating where the front of the house shall be oriented. Frontage for corner lots is determined by taking the line length plus one- half of the chamfer length. Cul-de-sac lots shall have a minimum chord length of 40 feet. Adopt the Recommendations of the Ada County Highway District as follows: 6. Applicant shall comply with Ada County Highway Districts' Site Specific Requirements and their Standard Requirements listed within their letter dated May 14, 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. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-O1-009 ) ~'`, 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. 20. It is found that the zoning of the subject real property as Lo~v Density Residential District (R-4) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 21. 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: 21.1 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. 21.2 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONINGBY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARI< SUBDIVISION - (AZ-O1-009 ) 21.3 The application is consistent with Meridian's self identity. 21.4 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. 21.5 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. 21.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 22. The property can be physically serviced with City water and sewer. CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARI< SUBDIVISION - (AZ-O1-009 ) 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 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 aself-sufficient community. 4.6 To encourage cultural, educational and recreational FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARI< SUBDIVISION - (AZ-O1-009 ) ~ ~ 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. 5. The zonings of Low Density Residential District (R-4) are defined in the Zoning Ordinance at § 11-7-2 C. as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop a possible single-family residential development. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-01-009 ) '`~ ~',. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-O1-009 ) hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 8.15 acres to Lo~v Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 8.15 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: 1. Due to the fact that the applicant is proposing minimum house square footages greater than that required in an R-4 zone and inclusion of a pathway, a development agreement shall be required as a condition of annexation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-O1-009 ) ~.~ Department. The applicant shall not be required to the the Eight Mile Lateral. 3. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscaping irrigation. 4. Five-foot-wide side~vallcs and pedestrian wallc~vays shall be provided in accordance with City Ordinance Section 12-5-2.I~. 5. Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1,3, 4 and 6 only meet this requirement on one side and shall require directional arrows indicating where the front of the house shall be oriented. Frontage for corner lots is determined by taking the line length plus one-half of the chamfer length. Cul-de-sac lots shall have a minimum chord length of 40 feet. Adopt the Recommendations of the Ada County Highway District as follows: 6. Applicant shall comply with Ada County Highway Districts' Site Specific Requirements and their Standard Requirements listed within their letter dated May 14, 2001. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the anne.~cation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2 C. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-O1-009 ) zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of `A~ t-d'~ , 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 ZONING/BY D' ALESSIO BUILDING ~ DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-01-009 ) ~~" day VOTED G~.- VOTED ~~ VOTED G VOTED ~ Page 13 ~, MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: - '-0 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. 1'I~tt By. /~~~ Dated: City Clerk `,`t.,ts,~ . ,~,~,;}~ t a` x \\NPA_NTS40 PDC\SERVER Z\Worlc\Nt\Meridian\Nleridian 15360M\Staten Parlc Sub 012WZFECIsOrder.doc jf y { FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY D' ALESSIO BUILDING & DEVELOPMENT, INC /STATEN PARK SUBDIVISION - (AZ-O1-009 ) VV L. IVQIIV Meridian, Idaho 83642 . ''~ 888-4433 ,~•;. ' Custo er's Order Date ~ ~Z ~~ ~ Name ~ 1ZJcJ ~'~ ~_ s ~'"Y~~% ~ Address ~~ ~~ ~ ~ ~%~ G- ~ .~J~.~C ~ ~ ~ ~~3 Phone: ~~ -~~/ SO B CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. 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SOVINK,_ C~J„+~w IsLOIA/ CCII !_ HOME FEDERAL BANK 213 9 ~~'~~IJ:SSI4 ~~IJIIJ)I\Tti P.0 BOX 190 NAMPA, IDAHO 83653-0190 .~ ~~l?~'1;I.01'~IIsN'1', j\TC, 468-5000 6314 NORTH PARK MEADOW WAY, SUITE 103 92-7014/3241 BOISE, IDAHO 83713 x (208) 861.6499 B TO THE ~ 1 ~ a-~ mec ~;,,,_, $ JZ S° m ORDER OF o m ~~ _ - _~ € ---- - - ~-- -- _- m _ _ 1 \ ~ 8 ~ \~_ MEMO JIS.~Ch P4r1~ AUTHORIZED SIGNATURE 11'00 Z L 3911' ~: 3 24 L 70 L40~: 004 7000 56911' February 16, 2001 AZ 00-025 MERIDIAN CITY COUNCIL MEETING February 20, 2001 APPLICANT Leavitt and Associates ITEM NO. 10 REQUEST AZ of 8.15 acres from Ada County RT zone to R for proposed Staten Park - e/o Black Cat and s/o Ustick 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: COMMENTS See attached P & Z Item Packet See attached Recommendations See attached ACHD report 3'v ~` ~ R ~~'"'~ ,,,~ ~ w'I~ q ~ I ~,~ -f OTHER: Contacted: ~.{~~-~, ~~'Gt,VJ~ Date: `~72C~~1 Phone: L~(~,~j-~~~~~ ~~ Materials presented at public meetings shall become property of the City of Meridian. Lam'/i- ~~ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 8.15 ACRES FOR STATEN PARK SUBDIVISION BY LEAVITT & ASSOC. ENGINEERING INTRODUCTION Case No. AZ-00-025 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 8.15 acres in size and is located on the south side of Ustick Road, 1/4 mile east of Black Cat Road. The property is designated as Staten Park Subdivision. 2. The owners of record of the subject property are Stewart Miles Terry Jr. and Verla Terry, of Boise, Idaho. 3. Applicant is D'Alessio Building Development, of Nampa, Idaho. 4. The property is presently zoned by Ada County as R-T. 5. The Applicant requests the property be zoned as R-4. 6. The subject property is bordered to the north by Ada County agricultural land, to the south and east by residential subdivisions zoned R-4 and to the west by Ada County Rural Residential. 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. RECOMMENDATION TO CITY COUNCIL -1 ANNEXATION AND ZONING -STATEN PARK SUBDIVISION - LEAVITT & ASSOC. ENGINEERING 9. The Applicant proposes to develop the subject property in the following manner: 291ot residential subdivision. 10. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application. Z:\Work\1~1\Meridian\Meridian 15360M\Recommendations\AZ025statenPark.wpd RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -STATEN PARK SUBDIVISION - LEAVITT & ASSOC. ENGINEERING 14 42 FEB 16, 2001 rr TEL N0~ (208) 387-6391 #15707 PAGE 1i6 .~` ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Staten Park/MPP-00-027 Ustick Road eio Black Cat Road 29-lots MAZ-00-025 An application has been submitted to ACHD from the City of Meridian for preliminary plat approval. Staten Park is a 29-lot residential subdivision on 8.15-acres. The applicant is also requesting a rezone from RT to R-4. The site is located on the south side of Ustick Road approximately 850 feet west of Black Cat Road. This development is estimated to generate 240 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road Black Cat Road ACHD Commission Date -January 17, 2001 - 12:00 p.m. STATENPARK. cmm Page 1 FEB 16 '01 1501 po,;~ a~ 14 42 FEB 16, 2001 Facts and Findings: A. General Information TEL N0- (2081 387-6391 #15707 PAGE: 2i6 Owner -Stewart and Verla Terry Applicant - D'Alessis Building Development R-4 -Existing zoning 8.15 -Acres 24 -Proposed building lots 5 -Proposed common lots 1,650 -Total lineal feet of proposed public streets 260 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District Ustick Road Minor arterial with bike lane designation Traffic count of 2,439 5-2-00 (e/o Black Cat Road) Better than C -Existing Level of Service Better than C -Existing plus project build-out Level of Service 535-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 96-feet required right-of--way (48-feet from centerline) Ustick Road is improved with 24-feet of pavement with no curb, gutter or sidewalk abutting the site. Sidewalk is existing on previously developed segments of Ustick Road. Black Cat Road Minor arterial with bike lane designation Traffic count of 2,688 on 7-6-00 (n/o Cherry Lane) 0-feet of frontage Black Cat Road is improved with two travel lanes with no curb or gutter, but there is sidewalk abutting the developed segments. B. On January 2, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January_ 5, 2001, the staffmet as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. S TATENPARK. cmm Page 2 FEB 16 '01 15:01 PAGE. 02 14 43 FEB 16, 2081 TEL N0~ 0081 387-6391 #15707 PAGE 3i6 ~'~ rs.. D. The applicant should be required to construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. E. Any irrigation facilities should be relocated outside of the new right-of--way on Ustick Road. F. All above-ground utilities and other obstructions should be relocated behind the required sidewalk unless specifically approved by Development Services. G. The applicant is proposing to construct Sunnyside Road off of Ustick Road, located approximately 100-feet west of the east property line. District policy requires public streets to align or offset a minimum of 125-feet from any existing or proposed streets. The proposed public street conforms to District policy. H. All streets within the subdivision should be located to align or offset a minimum of 125-feet from centerline to centerline. I. The applicant is proposing to extend Campfire Street into the site at the east property line from the Wilkins Ranch Subdivision, between Lot 6, Block 4, and Lot 1 1, Block 3. Staff supports this connection. The applicant is proposing to stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot 6, Block 1. District staff supports the location of the stub street. The applicant should not be required to provide a paved temporary turnaround at the west end of the stub street because it is only one lot in depth. The applicant should be required to install a sib at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". Coordinate the sign plan for the stub street with District staff. K Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and S-foot wide concrete sidewalks within 50-feet ofright-of--way. L. The turnarounds should be constructed to provide a minimum turning radius of 45-feet. M. 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. N. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to acconunodate additional traffic generated by this proposed development with the requirements outlined within this report. S T:>,TENPARK. cmm Page 3 FEB 16 '01 15 82 14 44 FEB 16, 2001 TEL N0~ (208) 387-6391 #15707 PAGE 4i6 .~ ~., 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 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way. 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. 3. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. 4. Any irrigation facilities shall be relocated outside of the new right-of--way on Ustick Road. All above-ground utilities and other obstructions should be relocated behind the required sidewalk unless specifically approved by Development Services. 6. Construct Sunnyside Road off of Ustick Road located to align or offset a minimum of 125-feet from any existing or proposed streets. 7. All streets within the subdivision shall be located to align or offset a minimum of 125-feet from centerline to centerline. Extend Campfire Street into the site at the east property line from the Wilkins Ranch Subdivision, between Lot 6, Block 4, and Lot 11, Block 3. 9. Stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot 6, Block 1, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5- foot wide concrete sidewalks within 50-feet ofright-of--way. 11. Construct the turnarounds to provide a minimum turning radius of 45-feet. 12. 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. STATENPARK.cmm Page 4 FEB 16 ' 01 15 83 por,F c,a 14 44 FEB 16, 2001 TEL N0~ (208) 387-6391 #15707 PAGE 5i6 ~.. ~„~ 13. Other than the public street specifically approved with this application, direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall ~ecifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commssion 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 staffto 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, airy request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Conuilission at the time of its original decision The request for reconsideration will be heard by the District Conunission at the next regular meeting of the Convnission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Conunission 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. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least t~vo 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 TATENPARK. cmm Page 5 FEB 16 ' 01 15 03 por.~ ,~~ 14 45 FEB 16, 2001 TEL N0~ CZ88J 387-6391 #15707 PAGE 6i6 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the plaiu7ed use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of La~~: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv: Planning and Development Staff Commission Action: January 17, 2001 S TATENPARK. cmm Page 6 FEB 16 '81 1504 PArF_c~~ January 16, 2001 AZ 00-025 MERIDIAN PLANNING 8~ ZONING MEETING January 18, 2001 APPLICANT Leavitt & Associates ITEM NO. 1 ~ REQUEST Annexation and Zonin of 8.15 acres form RT to R-4 for proposed Staten Park Subdivision east of Black Cat Road and south of Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: OTHER: Contacted: COMMENTS Public Safety Concerns MFD will not have a problem with this annexation No Remark No comment No comment at this time See attached Comments See attached comments No objections to this proposal No Comment ~~5~ (~('C~.u'~--~--! Date: ~'l~'-~~I Phone:~i~"~~~~ Materials presented at public meetings shall become property of the City of Meridian. ~ Preporing l~ Todoy's ~ ~ Students for . Tomorrow's Chol lenges. o,• ~~o N oint School District No. 2 ~P'Fag~e ~ Mer~a~o°~ 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell ~EC~I~D December 20, 2000 ~ `~ `~ C ~ ~ ZOQQ CITY OF ~ERID.L~ Citv of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888-6701. Reference: Staten Park Subdivision Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary School is over capacity. Meridian Middle School is at capacity. At this point the school district is dealing with growth by providing portable classrooms. Eagle High School is over capacity, but with the passage of the General Obligation Bond Election on September 19th a new high school will soon be under construction. We can predict that these homes, when completed, will house eight (8) elementary aged children, seven (7) middle school aged children, and nine (9) senior high aged students. Sincerely, Wendel Bigham, Supervisor of Facilities & Construction WB:gr RECEIVED JAN 12 2001 "~"~ CITY OF MERIDIAN '~ ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report ~~. Preliminary Plat -Staten Park/MPP-00-027 Ustick Road e/o Black Cat Road 29-lots An application has been submitted to ACHD from the City of Meridian for preliminary plat approval. Staten Park is a 29-lot residential subdivision on 8.15-acres. The applicant is also requesting a rezone - from RT to R-4. The site is located on the south side of Ustick Road approximately 850 feet west of Black Cat Road. This development is estimated to generate 240 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road Black Cat Road ACRD Commission Date -January 17, 2001 - 12:00 p.m. r P°""~ .o~~ +( i <~+, ' +~a~` STATENPARK.cnnn Pa~~e 1 :~ ,17.17x1eM , .IfYxx1... ,_ , ,Ixalxxw 1 • _-- 12 -- - ~ . xnax x ,~ . J ~ .wee.rla ; ~, I ~ ' ti enx.ewl f 1 ' ~ ~ ~~ 7 ~ 1; r7m.awe 11 a / reae.e + ~ 7 erleue7e I 1 rfAar. •e 1 10 u ! 9 I...x..T.7xe I~ 0 1 .rxs..xee I .nle(. 1~! / ..swan ` eeew..eexJ! • 1' l ~ rx1. ~~ .gwqul ~ e 1 ~ \,e~ 1 ~/ ~ i 1 ~ rw«m.e! 1s ! •:::x r.mxe:. le wlnwx: . y I 1 i 1 ~ 1 ~ enx.w Ix 1 a 1 lawaxro !1 rswaw t ~~ 1 ~ I .geie{~alw 1 V • •Ilx ~` ~. 1 I .nae..n. U 1\ ..s1.aelw ~ ~ r 1 C VSN~' IM WLJM `, raw. , 1 I 10 \~ ~~ 11~ e41Ni ' 1 ~ » •~ \• 1 1 10 1 e ~ slaeew \ I .ar --~ I I I ~~ ~uQ Ir~u ~ . ~ >m 7 w >Pe ~ 7w \ `~\ (s lar 1111,~~~++__ 1r.~~..~~a~san 1100 IMV/IN\ \~ f ~; I'f::x .f.. e 7 7 .1 711Q1«xC0 C ,x1rf,7,1. r aer fx)aV•lxr I •~. . ~~ •~L~~ \~ IwMwl ~ u ~Ix7 t _.~'.~ J,~ ''i`ce' ~ "'"` - ~ ~ ~ .~\ .. _~ ., ~ j 589'10'38"E / %' ~ i~ ~ S89'10'38_"E 1314.32 -- -- -- --535.54 -- -- -~- ~P~~ I I I I. I ~., I vjl ~~ I I i O I I ~ I s Y I ~ I d: V I (va I M m ` ~ ~~ i ~~ I ~ I ~ I W~ ~, N I O I M ~I OI I ZI I I I 13 ~ N g8 Fi~yr Nso, o,~. M/~ I o S sr9,~ o . F ~~FRq ! N . , \3S l 202 ~ 3~ I • ` \ 1 ,ti~~~so I GRAPHIC SCALE s~ o~ I 100 0 50 100 200 300 I \ ` I ( IN FEET) ~'i, I 1 inch = 100 ft. ~;~o• I /~2 ~4 4\ I ~ I S S~ S~ --.. N~ W O H ~a~o o ~,~ S H c ~. z'-_ ~ ~ ~ m ~ ~~~ r /~~J N ~ W ^ QW o ~~~ a ~^ ~~ Y ~~ ~~ ~ ~~~ ~ ~gg~~ ii3~l~~~Ik _ o s .. ~O~,o t~ 8 J 1j ;~~8s~~ * ~ i L L ~~~ ~ ~~~~~i~ ~I~11111 II 3= S G ~~ ~ a 3 ~~~ ~;~~ ~ sa i ,~ ~ • ~~~~:~$~ ,: ~~ i~y~;~~~~~~~ ~ ~ ~~ i ~ i ~~'~ yE ~ @ ~ ~ i ~~ 3~ ~ ~~ ~ ~~~~~ 15~~l~~E~~~S~~ Wi~~3 ~~~~ ~ -~r6~ ~ ~ ~ 6 9 / ~~~~~~~~, ~s ~~~ ~~~~~ W l~~~~~~ia~afsgg .. + r r• g+ r r~ r • r r ! ~~~ rV ~? ~ ~~ • ~ ~. ~? ~. ~ -~-~ n ...o "~°~ Gcmee ~• t o ~ -' ~W<~ QY~O~ maN1WA~ O= mOv fl! •_ W ~ ./ ~O ~~ ;i;i ~; ;- ~t. l~ ~~:~ , ,.,. ~; :~:F~ ~,-,. ~..- I•W!kfi+ ;~: :t~ ,~: ~,~ .~~+ ~~ ~; r-ti Facts and Findings: A. GeneralInfornlation Owner -Stewart and Verla Terry Applicant - D'Alessis Building Development R-4 -Existing zoning 8.15 -Acres 24 -Proposed building lots 5 -Proposed common lots 1,650 -Total lineal feet of proposed public streets 260 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District ~'~, Ustick Road Minor arterial with bike lane designation Traffic count of 2,439 5-2-00 (e/o Black Cat Road) Better than C -Existing Level of Service Better than C -Existing plus project build-out Level of Service 535-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 96-feet required right-of--way (48-feet from centerline) Ustick Road is improved with 24-feet of pavement with no curb, gutter or sidewalk abutting the site. Sidewalk is existing on previously developed segments of Ustick Road. Black Cat Road Minor arterial with bike lane designation Traffic count of 2,688 on 7-6-00 (n/o Cherry Lane) 0-feet of frontage Black Cat Road is improved with two travel lanes with no curb or gutter, but there is sidewalk abutting the developed segments. B. On January 2, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On January 5, 2001, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. 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. STATENPARK.cmm Page 2 i-~, ~''~ ~_ D. The applicant should be required to constn~ct a 5-foot wide concrete sidewalk on Ustick Road ~~,F:.; w~~°" abutting the parcel located 2-feet within the new right-of--way. Coordinate the location and ~~`` elevation with District staff. ;~.r= ,~a`:~ ~~~' E. Any irrigation facilities should be relocated outside of the new right-of--way on Ustick Road. F. All above-ground utilities and other obstructions should be relocated behind the required sidewalk unless specifically approved by Development Services. G. The applicant is proposing to constnict Sunnyside Road off of Ustick Road, located ~..Y~~ approximately 100-feet west of the east property line. District policy requires public streets to ~~~~:,~ align or offset a minimum of 125-feet from any existing or proposed streets. The proposed -~ public street conforms to District policy. :~_;; H. All streets within the subdivision should be located to align or offset a minimum of 125-feet `~"~ from centerline to centerline. I. The applicant is proposing to extend Campfire Street into the site at the east property line from the Wilkins Ranch Subdivision, between Lot 6, Block 4, and Lot 11, Block 3. Staff supports this connection. r J. The applicant is proposing to stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot 6, Block 1. District staff supports the location of the stub street. The applicant should not be required to provide a paved temporary turnaround at the west end of the stub street because it is only one lot in depth. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. K. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. r ~. r.r L. The turnarounds should be constructed to provide a minimum turning radius of 45-feet. ~:~. ~°~=.;~ M. 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. N. 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. STATENPARK.cmm Pa~~e 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: ~:;; 1. Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition ~~~`~' to existing ACHD right-of--way. ``, 2. Utility street cuts in pavement less than five years old are not allowed unless approved in ,' ~~.~~~ writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for „„ details. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. 4. Any irrigation facilities shall be relocated outside of the new right-of--way on Ustick Road ,~ S. All above-ground utilities and other obstructions should be relocated behind the required .~~ sidewalk unless specifically approved by Development Services. 6. Construct Sunnyside Road off of Ustick Road located to align or offset a minimum of 125-feet "" from any existing or proposed streets. 7. All streets within the subdivision shall be located to align or offset a minimum of 125-feet from centerline to centerline. r 8. Extend Campfire Street into the site at the east property line from the Wilkins Ranch ':- Subdivision, between Lot 6, Block 4, and Lot 11, Block 3. _ . ,'~~~ 9. Stub Coalfield Road to the undeveloped parcel west of the site, between Lot 1, Block 3 and Lot __--~- 6, Block 1, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ;,>~_~. ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 11. Constrict the turnarotulds to provide a minimum turning radius of 45-feet. 12. 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. STATENPARK.cmm Pase 4 ~"~ /'~ 13. Other than the public street specifically approved with this application, direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, `" shall be stated on the final plat. N~' Standard Requirements: :.~ 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Plamling and Development Supervisor. The request shall specifically identifv each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardshi or inequity The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for '~'~' ACHD Commission action. Those items shall be rescheduled for discussion with the "`' Commission on the next available meeting agenda. ~.~ ~t' .~:. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action `"~~`'' do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identifv each requirement to be reconsidered and include written documentation of .~ data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. ;'_ 4• All design and construction shall be in accordance with the Ada County Highway District 9 Policy Manual, ISPWC Standards and approved supplements, Construction Services rv`'`~~ procedures and all applicable ACHD Ordinances unless specifically waived herein. An f,,.; •= engineer registered irr the State of Idaho shall prepare and certify all improvement plans. M., ~: 5. The applicant shall submit revised plans for staff approval, prior to issuance of building pernlit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. _.. 7. It is the responsibility of the applicant to verify all. existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least rivo frill business days prior to breaking ground within ACHD right-of--way. The applicant shall contact STATENPARK.cmm Pa~~e 5 ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the ternls and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, '~`""~~' or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the plamied use of the subject "°~--< property unless awaiver/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. ,~~,s,` Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. r ~' Should you have any questions or comments, please contact the Planning and Development .'`' Division at 387-6170. ~' Submitted bv: Commission Action: Planning and Development Staff f ,~.., ~:;_ ~. _,e ~~:;, .. STATL-NPARK.cmm Pa~~e 6 ALAYOR Raberf D. Cortie CI'I'I COUNNCIL MEMBERS Ron Anderson ~~~ Bud Tamn~- deWeerd Cherie McCandless HLIB OF 7RF~4SLIRE YAI,I,EY ^, A Cad Place to Li~Te CITY OF MERIDL~T 33 EAST IDAHO MEliID1AN, IDAHO 83642 (~8} 8s8-at+s3 ~ F~~ (2n8} 887 asis City Qerk Office Fas (2.08} 888-?21 S 1 S 2 CoNIN. /~ ~. ~_ ~~- ~ 1 o . 11 MEMORANDUM: January 12, 2001 .~~; ~ . . To: Mayor, City Council and Planning & Zoning Commission =dN 16 2001 From: Steve Siddoway, Planner ~~~"' ~:itg~ ®f Meridia:~ Re: Staten Park Subdivision ~it~ '~'inrk <-~~..~T { • Annexation and Zoning of 8.15 Acres from RT to R-4 by Leavitt & Assoc. Engineering (File AZ-00-02~. • Preliminary Plat of 24 Building Lots and 5 other lots by Leavitt & Assoc. Engineering (File PP-00-027). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The parcel is located on the south side of Ustick Road, '/4 mile east of Black Cat Road. SURROUNDING PROPERTIES North: Ustick Road and unincorporated agricultural land, zoned RUT. South: Platted Lakes at Cherry Lane Subdivision, zoned R-4. East: Platted Wilkins Ranch Subdivision, zoned R-4. West: Rural Residential parcels, zoned RUT. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The requested zoning of R-4 is compatible with adjacent properties within the City and with the Comprehensive Plan land use designation ofsingle-family residential. 3. The subject property is within the Urban Service Planning Area. Essential City services are available to the subject property. 4. Staff believes the requested zoning amendment meets the required fmdings of Ordinance 11- 15-11.A-L. 5. A Development Agreement will not be required as a condition of annexation. AZ-00.025, PP -00.02') Staten Park Sub.AZ.PP.doc Planning & Zoning Commission/Mayor & City Council January 12, 2001 Page 2 PRELIMINARY PLAT COMMENTS 1. Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Sanitary sewer to this site shall be via extensions from mains proposed to be installed in the adjacent phases of Wilkins Ranch Subdivision. Water service to this site shall be via extensions from existing mains in Ustick Road. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The lots within this development will be subject to applicable latecomer fees. 4. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Staff supports the development features of the subdivision, including the walking path adjacent to Eight Mile Lateral. However, staff has questions about how the pathway will be designed within the 8-foot-wide common lot, typical landscaping, restrictions on adjacent fences, etc. Staff recommends restricting the fence height adjacent to the pathway to a 4- foot-high solid fence; an additional two feet of see-through material (i.e. lattice) may be added if desired. Applicant should address these issues with a typical cross section at the hearing. If possible, submit the cross section to the City Clerk for distribution prior to the hearing. 6. Applicant shall be responsible to construct permanent perimeter fencing, except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 7. Five percent (5%) common open space is required per City Ordinance 12-13-16. Staff believes the proposed plat conforms to this requirement. However, no calculations were submitted with the application. The applicant should verify the actual area provided. 8. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing will be permitted within the landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 9. Staff has concerns about the offset road alignment at the intersection of Sunnyside Road with Morning Star Circle and W. Campfire Street. Star believes Morning Star Circle may be able to be aligned with Campfire Street and then bent in alignment with the southern property line nz-06ou, PP --06-027 Staten Park Sub.AZ.PP.dce Planning & Zoning Comrrussion/Mayor & City Council January 12, 2001 Page 3 and still maintain the same number of lots. The applicant should be prepared to address this concern at the hearing. 10. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation must be provided to all common landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the common landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Final Plat. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. 11. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site (approximately 5.5 feet deep). Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline fmish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 12. Submit compaction test results to the Meridian Building Department for any lots receiving fill material. 13. The applicant has requested a waiver from the requirement to the Eight Mile Lateral. The waiver has been granted to other adjacent subdivisions, as well. 14. Note 1 states the current zoning is R-4. This should be corrected to state that current zoning is RUT and proposed zoning is R-4. 15. Submit ten copies of any required revisions to the preliminary plat at least ten (10) days prior to public hearing at City Council. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. 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. The applicant has requested a waiver of this requirement along the Eight Mile Lateral. A7,-00-025, PP -00-027 stater Park Sub.AZ.PP.doc ~"~ Planning & Zoning Commission/Mayor & City Council January 12, 2001 Page 4 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. RECOMMENDATION Staff recommends approval of the application, with the comments noted above. AZ-04025, PP -00-027 Staten Park Sub.AZ.PP.doc ~_ ,(6n.... M*:4.: ~~, ~ ~~ ~__ ~ .~ r~> ~, ~ ~~ ~` ~~ yN~'l~ UN X L~ p O (n Q. ~ ~ ~. Z ~ ~ ~ ~Q N~ O ~ W 0 U L.~ ~ o ~ xcwi~ Q \~ Qm ~r J ~Z~~ U J Q w ~ ~ Q N J M ~ 30N3~ ~iNl~ NIbHO ,00'~ ~ON3~ ~iNl~ Nlb'H0 ,00't~ 0 O O 0 =z ~o //'~'~ U LL ' 1 ~ ~ ~ z~z ~~ -~ o ~ U ~Q _~ c~ F- wQ J ~ W O J ~~ 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) 888-4133 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: AZ 00-025 Request: Annexation and Zoning of 8.15 Acres from RT to R-4 for proposed Staten Park Subdivision By: Leavitt and Associates Engineering Location of Property or Project: Black Cat Road and Ustick 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 City Planner Parks Department (Reside. 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 brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department ,~C~~VE~ p~G 2 1 2000 t:;%ty of 1Vleridiau f°,iiv t%]erk Office Ynur Cnnrice Ramarkc• L0'~Jdd bbL0b8880Z ZS :80 00. Z2 ~3Q ~ ~ ,-. hfUB OF TREASURE VALLEY MAYOR RobeR D Come A Good Place co Live LEGAL DEPARTMENT . CITY OF MERIDYAN (20s) 2s3-2499 • Fax 23s-25ot CITY COUNCII, MEMBE RS PVBLiC WORKS Ron Anderson 33 EAST IDAHO BU1LD[NG DEPARTMENT Keith Bird MERIDIAN, IDA,~IO 83642 (2pg) 537-2211 • Fax S3?-1297 Tsmmy deWeerd (208) 3fiS-4x33 • Fax (20S) 587.4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 358-4218 DEPARTMENT (ZOS) 884•S5's3 • Fax 338-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: _ January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: AZ 00-025 Request: Annexation and Zoning of 8.15 Acres from RT to R-d for proposed Staten Park Subdivision By: Leavitt and Associates Engineering Location of Property or Project: Black Cat Road and Ustick Road Sally Norton, P/Z Bill Nary, P/Z Jerry Centers, P2 Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department ______~ Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department (Resider Gen _ 26 PP!FPIPGP - 3o AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: R,~CE~D DEC 2 2 2000 CITY OF MERIDIAN Le~Laa H MAYOR UB OF TREASURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL CITY OF MERIDIA (208) 288-2499 • Fax 288-250( MEMBERS N Ron Anderson 33 EAST IDAHO PUBLIC wORKs BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-22tt • 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 ij~ (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: AZ 00-025 Request: Annexation and Zoning of 8.15 Acres from RT to R-4 for proposed Staten Park Subdivision BY: Leavitt and Associates Engineering Location of Property or Project: Black Cat Road and Ustick Road ~ _ Sally It~~ ~~, `i' Bill N~ Jerry ( ~ " Richar '~ ' Keith E G' Robert Ron Ai Tamm Keith E Cherie ,~ k _ ~,_ Water ~;~„; Sewer Sanitar ~artment Your Concise Remarks: Went: °? -~ rtment _ r rton, P2 P2 Meridian School District nters, P/Z Meridian Post Office (FP/PP) Ad Hatcher, P2 a County Highway District gyp' P2 Community Planning Assoc. ~or-rie, Mayor Central District Health erson, C/C Nampa Meridian brig. District ieWeerd, C/C Settlers Irrigation District ~, C/C ` Idaho Power Co. (FP/PP) cCandless, C/C U.S. West (FP/PP) Intermountain Gas (FP/PP) apartment Ada County (Annexation) apartment Service Idaho Transportation Department ~ - - :r= *~ P/PFP - 3p AZ - 27 I,y ~~, APPlications only) R,~c~~D DEG 2 2 2000 CITY OF NIEH~IDIA'~ MAYOR HUB OF TREASURE VALLEY '~'' Robert D. Corrie A Good Place to Live CITY OF MERIDIA LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS N PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-~k333 • 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: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No.: AZ 00-025 Request: Annexation and Zoning of 8.15 Acres from RT to R-4 for proposed Staten Park Subdivision By: Leavitt and Associates Engineering Location of Property or Project: Black Cat Road and Ustick 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 City Planner ' Parks Department (Residential Applications only) Gen - 26 PP/FP/PFP - 30 AZ - 27 ~C~~~~ JA(d r 4 2001 City of Meridian ~''ify Clem ®ffieA Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FPlPP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: f .s ,/ bl/05/2001 07:18 2088885052 SANITARY SERVICE PAGE 08 .•. ~1,~YOR NU8 OF TREASURE t/ALL6Y Robert D. Como A Good Alace to Live LEGAL DEPARTgENT CITY 0~ MERIDIAN (208) 288.1199 • Fax 298.2501 CITY COUNCIL MEMBlrR$ PUBLIC WORKS Ron ,inderson 33 EAST IDAHO BUItpING DEPARTMENT Kenh Bird MTRIDIAN, IDAHO 83642 (208) 887-221 t -Fax 897-1197 Tsrrtmy deWeerd (?03) 38S-~33 • Fax (20g) SS7-4813 PLANNING ANp ZONING Cherie ~VtCCSrldfG55 Cuy Clerk Office FaJC (203) SSS-4218 DEP,aRT:~tENT (208) 8ga-5533 • Fax 888-685~s TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wilt be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn; Will Berg, City Clerk, by: January 10, 2001 Transmittal Date: December 18, 2000 Hearing Date: January 18, 2001 File No:: AZ 00-025 Request: Annexation and Zonin of 8.15 Acres from RT to R-4 for proposed Staten Park Subdivision By: Leavitt and Associates Engineering location of Property or Project: Black Cat Road and Ustick Road Sally Norton, PJZ Bill Nary, PiZ Jerry Centers, P1Z Richard Hatcher, P/Z Keith Borup, P2 Robert Corrie, Mayor _, Ron Anderson, C/G __ Tammy deWeerd, C/C _,_-_ Keith Bird, C/C 1 Cherie McCandless, C/G Water Department _, Sewer Department ,~ Sanitary Service Building Department Fire Department Police Department __ City Attorney Gity Engineer Meridian School District ~_ Meridian Post Office {FP/PP) Ada County Highway District -_____ Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) _____„ U.S. West (FP/PP) Intermountain Gas (FP/PP} Ada Courny (Annexation) Idaho Transportation Department ___ City Planner __ Parks Department (Residenclat Applicst;ons only) ^,tn • 2G PPIFA~PPP - JO aZ - 27 ~~'~'~I~ .~AI~ ~ ~ 2Q01 :;~c~ ~~l~t~>r;a~t3~ JAN 05 '01 07 36 2088885052 PAGE. 08 ~~ .1bN - ~ ~d0i ~Y O~1~t~A1 'ha~sr~ia & ~1~i~udia~ ~Innigatia~ Div~zict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 January 3, 2001 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: AZ 00-025 Annexation and Zoning from RT to R-4 for proposed Staten Park Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the annexation and zoning for the above-mentioned application. ~ incerely, ,~~~~,-~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CENTRAL •• DISTRICT pRHEALTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPAr~TMENT ..Return to: Environmental Health Division ^ Boise ^ Eagle Rezone # f~~ ®o r p ~ Conditional Use # Preliminary /Final /Short Plat ,,~1. We have No Objections to this Proposal. ^2. ^3. ^4. ^ Garden City Meridian ^ Kuna ^ ACZ ^ Star /qN , We recommend Denial of this Proposal. (,-ft ~ ~~~ Cltp o f ~ Specific knowledge as to the exact type of use must be provided before we can comment or I. f~l~L~ 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: ~ l ~ I ~ f Reviewed By: ~E~~ ~~ ~~ ,,~ Review Sheet CDHD 9A0 Mcc 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 20, 2001, for the purpose of reviewing and considering the application of Leavitt and Associates for annexation and zoning of 8.15 acres from an Ada County RT zone to R-4 for proposed Staten Park Subdivision; Furthermore, the applicant also requests Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision generally located east of Black Cat Road and south of Ustick Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Halt, 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 19"' day of January, 2001 WILLIAM G. BERG, JR., LERK PUBLISH 2"~ and 16th of February, 2001. ~~ ~, ~~~+ G~ ~~'~~ ~' ~ s ~ )~~~~aF t a tY s ~<'1~~~~~,. Z O D m a o. z W Q H Q z J'fa ~4°r~ Pars .S'U6. r.. ~ ,F~~~~~} ~~ ~ ~ ~A[ 4 ~ 2001 ~ ?~'~cx & 7~~-r~rc~ January 8, 2(301 1 Daniel D'Alesso, on Ja~u~ry 5, 2001 posted the required signs ~t the property described as x.15 acres on parcel 2, government lot 4 of section 3, township 3 north, range 1 west, 1Vleridian,. Ads County, Idaho Daniel D' Alessio 1i8,~2001 ~ {` ~ ~'~ Lf, F~ ~~ m NOTARY 2f ~ ~** PUBLIC s~ q~ p~ 10'~ RECEIVED JAN 2 2 2001 CITY OF MERIDIAN The Idaho States m a n `~ -~ ~ _ c tea. ~.., .~~ :: ,_ n ~''~~ ^~'i P.O. Box 40, Boise, Idaho 83707-0040 ~~ "'' `_~ ~~ LEGAL ADVERTISING PROOF OF PUBLICATION Account # DTI# Identification Amount: 064514 380190 NOTICE OF HEARING $86.52 Ordered by: P.O. # Rate Run Dates NT DEC. 29, 2000, JAN. 12, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 5 8 MERIDIAN, ID 83642 Affidavit Legal # 1 9185 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: T~/O consecutive weekly single consecutive daily odd skip insertion(s) beginning with the issue of: DECEMBER 2 9 , 2000 and ending with the issue of: JANUARY 1 2 , 2001 ~, STATE OF IDAHO ~ ) )SS COUNTY OF ADA On this 1 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. ~~ Q. Notary Public for Id o Residing at: Boise, Idaho ~ . ~.. * ~~ 1'UBLtG~• s'~~' 1,. tSR jC~4~~, ,0~~~ ~pTAR~, ~~ ~ .-~• ** TX CONFI PION REPORT ** r-« AS OF JAN 09 ~1 1506 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 10 01105 15 05 PUBLIC WORKS 11 01105 15 05 208 888 6854 MODE MINiSEC PGS CMDtt STATUS OF--S 00'13" 001 220 OK EC--S 00'23" 001 220 OK - ~~- ~ ~y Proporing !i ~ Toddy's ~ i SE+dbn6 rdf N a~,yx ~ ~~ . ~o J~~~l School D~S ~ ~ S / JN II A l 1 ~1 . •FO9~0_Marid~°c 971 Meridian Street • Meridian, Idaho 8.4642 • (208) 888-6701 • Fax (208) 888-b700 SUPERINTCNDENT Christine H. Donnell ~C~~D December 20, 2000 DEC 2 2 2000 CITY OF IV~~J~ City of Meridian 33 Eastldaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is generel information relative to schools located in the proposed project area. !f you have any questions, please contact Wendel Bigham at 888-6701. Reference: Staten Park Subdivision Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary School is over capacity. Meridian Middle School is at capacity. At this point the school district is dealing with growth by providing portable classrooms. Eagle High School is over capacity, but with the passage of the General Obligation Bond Election on September 19~ a new high school will soon be under construction. We can predict that these homes, when completed, will house eight (8) elementary aged children, seven (7) middle school aged children, and nine (9) senior high aged students. Sincerely, Wendel Bigham, Supervisor of Facilities & Construction WB:gr ** TX CONF. TION REPORT ** AS OF DEC 2~ ~0 15 02 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 03 12122 15 01 PUBLIC WORKS 04 12122 15 01 208 888 6854 '~ MAYOR " Rntxrt D. Come CITY COUNCIL MEMBERS ' Ron Anderson Keith Bird Tatamy de Wcad Cherie McCandless ~ 1~1 ;~ MODE MINiSEC PGS CMDtt STATUS OF--S 00'27" 001 188 OK EC--S 00'36" 001 188 OK HUB OF TREASURE uALLEY A Good Place to Live CITY OF MERIbIAN 33 EAST IDA}i0 MERIbIAN, IDAHO 83642 (208) 888-4433 • Fu (ZOB) 887-4813 City Clerk Office Fax,(208) 888.218 LEGAL DEPARTMENT (208) 238.2x99 • Faz 263.250( PUBLIC wORKS BVILDING DEPARTMENT (208) 897-221 I • Fu 887.1297 PLANNING AND ZONING DEPARTMENT (206) BBa-5533 •fax 888.6850 ' TRANSMITTALS, TO AGENCIES FOR COMMENTS ON pEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, p(ea~ submit your comments and recommendations to Meridian City Ha11 Ann: 'Will Berg, City Clerk; by: January 10 2001 , Transmittal Date: December 18, 2000 , Hearing Date: File No,: AZ 00-025'. ~ Janus 18, 2001 - ry Request: „ gnnexation;and Zonin . of 8.15 Acres from RT to R 4 f S taten Park Subdivision ' - or roposed , By= ~-~~ ~ Leavitt and~Associates Engineering Location of Property orP~ojecL' ~ B(ack'CatRoad and lJsti k R .. ~,a, ~; • c oad I, - „S811yNorton p~~ <~ ~ 1:1. I ' ! ; ~ I 8111 Na ,><1 ~y I ', , , ~ -~_ .. ry, P2Y Is, , Meridian School Di strict Jerry Centers,^P/Z, ~ ,'i Meridian Post Office (Fp/pp) r ~ ~!' { ~ ~ ~ 'Richard, ~fetche~,; Pl2; ~ ~ • Ada County Highway District . Keith BoruP, P/Z~ Community Planning Assoc. ' ; ~ , Robert dome: klayor ' Central District Health 'Ron 'Anderson C/C~,~ + ~' '"F ' ' Nampa Meridian Irri g. District r ~ • _`_Tammy deWeerd, ~C/C ! r Settlers Irrigation District , Keith Bird. C%C:'.i', ' ~ Idaho Po wer Co. (FP/PP) . - t~Cherie McCandless, C/C U•S• West (FP/pp) '' I. ,' i ' ~_, Water~Dep rime ~, ~ ,:i,'+~` Sew Dep r i Intermountain Gas FP/PP) AdaCo t ` er. art ~nt' , ~ t ~ _ un y(Annexation) ~ Idaho Transportation Department Bwlding;Depa(,t~nei~t;i ~ Y,our Concise Re mark s: + ~ dire Dep . , t ' ~~ Pol)ce brpartment:l ;I .,; ~ ' ' ~ Cit~Artomey 1'i~ b " • I i ~ ~ F ~ ~ City Engineer xiE.r.;, ,. . ~. ;~ ~ i ~r,`i ' -~~•CitY ~"lanner ~I ~ t , • , .., a ,iy~" t ,. Pa~ks~ Department (Resraent(~Appllcatons only) ~.. ~ 1 I 5 'I 1 I ~) i.. I i~ ' 1~y . 1 111 i ~rV ~ llll ~ ~rZB~ PPIFPNFP-]0 /~"n 1. ~ ~ yl 4~ ~ ~~ ,I r ; it tr'~ , '~ i ~? Ir 'I ~~ I Cjf ~ ;~ ~ ~,. ,'::+, , ,{ 1! + ~ ai , ' ..; ~.. ;~ i DEC 2 2 2000 `; , :~~ ~ ~ ~ ! CITY OF MERIDIAN ** TX CONE ~'TION REPORT ** AS OF DEC 2~ ~0 10 47 PAGE.01 CITY OF MERIDIAN DATE TI11E TO/FROM 18 12/22 10 43 PUBLIC WORKS 19 1222 10 47 208 888 6854 ~''~ ~`~d DDLLb8880z \, MAYOR XUB OFTREASURF Y,4LLEY Robert 0. Come A Good Place to Lime CM ~o~~IL M~MB~S CITY OF MERIDIAN Ron Andersoo 33 EAST IDAHO Keith Bird M)?RIDIAN, IDAIiO 83642 Tammy dewecrd (208) 8fifi-4437 • Fax (205) 881-4813 [funs McCandless City Cle`It Of$ce Fax (208) 388.4218 MODE MIN/SEC PGS CMDtt STATUS OF--S 00'18" 001 170 OK EC--S 00'27" 001 170 OK 2S : B0 00 , i?E D3Q LEGAL DEPARTMENT (20~ ZSS•2d99 • Fax 235-2501 PUBLIC WORKS HUtLDING DEPARTMENT (108)587-2211 •FS: 597-1297 PLANNMC AND ZONING DEPgRTMFJv'T' (108) 88.5533 • Faz 385-685a TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PR0.IECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn; Will Berg, City Clerk, by. January 10, 2001 Transmittal Oate: December 1B. 2000 Hearing Date: January 18, 2001 Fite No.: AZ 00-025 Request: Annexation and Zoning of 8.15 Acres from RT to R•d for proposed Staten Park Subdivision By. Leavitt and Associates Engineering Logtion of Property or Project: Black Cat Road and rcvad Sally Norton, PIZ efu Nary, P2 Jerry Centers, P/Z Richard Hatcher. P1Z Keith t3orup, P/Z Robert Come, Mayor Ron Anderson, C/C _ Tammy deWeerd, C!C Keith Bird, CIC Cherie McCandless, C/C Water Department _~ Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer ~~ City Planner Parks Department (aesiae c.•-x oac'epco.ao .+z-a Meridian Scholl District Meridian Post Office (FPlPP) ^Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irtig. pistrici Settlers Irrigation District Idaho Power CO. (FPlPP) U.S. West (FP/PP) Irrtertnountain Gas (FP/PP) Ada County {Annexation) ,__ Idaho Transportation Department ~cErvED DEC 2 2 2000 CITY OF ME$IDIAN ze.~ f~a ~bteve>Zat9z=a r B3I.dm3lSdm NtlIQI2rHFt LE:t39 AO-z2-zr Your Concise Remarks; .~ ** TX CONFIR ION REPORT ** AS OF DEC 22 'e0 10=33 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 04 12/22 10 32 PUBLIC WORKS 05 12/22 10 33 208 888 6854 MODE MIN/SEC PGS CMDtS STATUS OF--S 00'13" 001 163 0K EC--S 00'23" 001 163 OK %~ ~f Praporing 0 Today's Stutlana For N . Cha~bngas. ~ T°~°~15_ )Dint School District No. 2 \Fo9~e _ M~~,d~o° 911 Meridian Street • Meridian, Idaho 63642 • (208) 888-6701 • Fax (208) 888-67t)0 SUPERINTENDENT Christine H. Donnell .~cErv~D December 20, 2000 ~~~ z z 2000 CITY OF 1V~,ID~ City of Meridian 33 Castldaho Meridian, Idaho 83642 Dear Councilmen: F,nclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888-6701. Reference: Statcu nark Subdivision Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: CChaparral Elementary School is over capacity. Meridian Middle School is at capacity. At this point the school district is dealing with growth by providing portable classrooms. Eagle. High School is over capaciiy, but with the passage of the General Obligation Bond Election on September 19th a new high school will soon be tinder construction. We can predict that these homes, when completed, will house eight (S) elementary aged children, seven (7) middle school aged childn-n, and nine (9) senior high agul students. Sincerely, Wendel Bigham, Supervisor of Facilities & Construction WB:gr .., n NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 18, 2001, for the purpose of reviewing and considering the application of Leavitt and Associates Engineering for annexation and zoning of 8.15 acres from RT to R-4 for proposed Staten Park Subdivision; Furthermore, the applicant also requests Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision generally located east of Black Cat Road and south Ustick 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 14th day of December, 2000 WILLIAM G. BERG, JR., I CLERK ~~~,tiitiSltFtltt}//// \~ ~ ~ r ~/ PUBLISH December 29th, 2000 and January 12th, 2001 ~~` ~°~~~o~~~ `/~' ~L _- i~r ~~ t~,' `f '~ ~v /J~'', ~ 1 ~~ ~~ ,~ ~j/./his ~.r ..:; ,n,.:, , 4t~~\ Z 0 m a a z W H t/) a a z v NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 18, 2001, for the purpose of reviewing and considering the applications of: The Land Group, Inc., for Preliminary Plat approval of 5 building lots on 6.95 acres in an L-O zone for the proposed Mallane Commercial Complex generally located at the northwest corner of Fairview Avenue and North Hickory Way; BRS Architects for rezone of 8.88 acres from R-4 to L-O for St. Alphonsus Regional Medical Center Ambulatory Care Center; furthermore, the applicant also requests a Conditional Use Permit for a Planned Development in a proposed L-0 zone for proposed St. Alphonsus Regional Medical Center generally located on the southeast corner of Cherry Lane and Ten Mile Road; Treasure Valley Engineers, Inc., for a Conditional Use Permit to construct a new office /warehouse building in a floodplain for Big D Builders generally located at King Street and Baltic Place; Leavitt and Associates Engineering for annexation and zoning of 8.15 acres from RT to R-4 for proposed Staten Park Subdivision; furthermore the applicant also requests Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision generally located east of Black Cat Road and south of Ustick Road; Janet Torgensen for a Conditional Use Permit for a child care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool located at 650 West Broadway; Hubble Engineering for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for proposed Kodiak Development generally located west of Meridian Road one-half mile south of Overland Road; PUBLISH December 29th, 2000 and January 12th, 2001 CMy of Meridion ^ ' '" Staten Park Subdivision city clerk s of~~e 33 East Idaho Meridian, ID 8364 2 Eugene & Ardyce Quenzer 4020 N. Black Cat Rd. Meridian Id 83642 Frank & Jean Johnson Tnst 4010 W. listick Rd. Meridian Id 83642 Ross & Lori Miller 6970 Llstick Rd. Meridian Id 83642 Stewart Miles & Verla Terry 3709 Pasadena Dr. Boise Id 83705 Louis Steiner 554 E. Bellevue Rd. Ste B Atwater Ca 95301 John & Ruth Wilkir~ 3764 W. Ustick Rd. Meridian Id 83642 Michael & Karen Sorensen 3150 N. Black Cat Rd. Meridian Id 83642 Charles & Dawn Geselle 4630 W. Moon Lake Dr. Meridian Id 83642 Gary Bogerxeif 4604 W Moon Lake Dr. Meridian Id 83642 Allen & Deborah Alisbrook 4588 W. Moonlake Dr. Meridian Id 83642 Gary & Amy Rioe 4575 Moon Lake Or. Meridian Id 83642 C C~ Z -o '~ rn Z -o C v 0 z NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on January 18, 2001, for the purpose of reviewing and considering the applications of: The Land Group, Inc., for Preliminary Plat approval of 5 building lots on 6.95 acres in an L-O zone for the proposed Mallane Commercial Complex generally located at the northwest corner of Fairview Avenue and North Hickory Way; BRS Architects for rezone of 8.88 acres from R-4 to L-O for St. Alphonsus Regional Medical Center Ambulatory Care Center; furthermore, the applicant also requests a Conditional Use Permit for a Planned Development in a proposed L-O zone for proposed St. Alphonsus Regional Medical Center generally located on the southeast corner of Cherry Lane and Ten Mile Road; Treasure Valley Engineers, Inc., for a Conditional Use Permit to construct a new office /warehouse building in a floodplain for Big D Builders generally located at King Street and Baltic Place; Leavitt and Associates Engineering for annexation and zoning of 8.15 acres from RT to R-4 for proposed Staten Park Subdivision; furthermore the applicant also requests Preliminary Plat approval of 24 building lots and 5 other lots on 8.15 acres in a proposed R-4 zone for proposed Staten Park Subdivision generally located east of Black Cat Road and south of Ustick Road; Janet Torgensen for a Conditional Use Permit for a child care center for 24 children in an R-15 zone for proposed ABC Club Daycare and Preschool located at 650 West Broadway; Hubble Engineering for annexation and zoning of 5.4 acres from RT to R-8 for a proposed Planned Unit Development for proposed Kodiak Development generally located west of Meridian Road one-half mile south of Overland Road; PUBLISH December 29th, 2000 and January 12th, 2001 City of Meridian City Ckrk's ORIce 33 East Idaho Meridian, ID 8344 2 ^ Staten Park Subdivision Eugene & Ardyce Quenzer 4020 N. Black Cat Rd. Meridian Id 83642 Frank & Jean Johnson Test 4010 W. Ustick Rd. Meridian Id 83642 Ross & Lori Miller' 6970 !!stick Rd. Meridian Id 83642 Stewart Miles & Veda Terry 3709 Pasadena Dr. Boise Id 83705 Louis Steiner 554 E. Bellevue Rd. Ste B Atwater Ca 95301 John & Ruth Wilkins 3764 W. llstidc Rd. Merdian Id 83642 Midiael & !Caren Sorensen 3150 N. Black Cat Rd. Meridian Id 83642 Charier & Dawn Gesetle 4630 W. Moon Lake Dr. Meridian Id 83642 ~Y Bogerrreif 4604 W. Moon Lake Dr. Meridian Id 83642 Alien & Deborah Allsbrook 4588 W. Moonlake Dr. Meridian Id 83642 Gary & Amy ice 4575 Moon Lake Dr. Meridian Id 83642 w 0 0 C C7 Z -o "'~ rn Z '~ ?~ ~0 C v C O Z