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Teare Terrace AZ 00-008veA..... Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: CITY CLERK FILE CHECKLIST Project Name: Teare Terrace File No. AZ 00-008 Date Received from Planning and Zoning Department: Planning and Zoning Level: 0 0 Notes: Hearing Date: May 9, 2000 April 12, 2000 21-Apr-00 and 2-May-00 April 20, 2000 Planning and Zoning Commission Recommendation: X^ Approve ^ Deny City Council Level: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: ^ City Council Action: Hearing Date: June 6, 2000 n/a 19-May-00 and 2-Jun-00 - ~~-~~, .~ 2 ~ 2 ~~ Q Approve ^ Deny ~ Findings /Conclusions /Order received from attorney on: ~ ~1;r1 ~ 2`7. 7 ~) /5 l~ Notes: Findings /Conclusions /Order: Approved by Council: R~°i"~°r'$~ ,.,.,/ Original Res /Copy Cert: Minutebook 'u,{ Copies Disbursed: /- ~J copy Ras / copy cert: city clerx Cit E i ^ Findings Recorded y ng neer City Planner ~~/ CityAttomey Development Agreement. Sterling Codifiers Project Ffle ^ Sent for signatures: Copy Res /Original Cen: Ada county (cPAsj ^ Signed by all parties: Applicant (non-CPAs) Recorded Ordinances: Original: Minutebook ^ Approved by Council: copiasto: city clerk ^ Recorded: State Tax Comm. Sterling Codrfiers city Attorney Copies Disbursed: City Engineer City Planner Ordinance No. Resolution No. Project file Applicant(rfappl.) Findirfgs /Orders: ^ Approved by Council: Original: Minutebook ^ Re d d Copies to: Applicant Project file cor e : Deadline: 10 days City Engineer ^ Published in newspaper: City Planner cityAttomey Copies Disbursed: "Record Vacation Findings " Recordedoe~efotxnernAgreements: Original: Fireproof File Copies to:Applicant Project file City Engineer City Pla nner City Attorney ~^ ~'"'` _ HUB OF TREASURE VALLEY MAYOR Robert D Come A Good Place to Live LEGAL DEPARTMENT . CITY OF MERIDIAN (208) 288-2499 • Fax 288-25Gt C1TY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000 TRANSMITTAL DATE: April 12, 2000 HEARING DATE: May 9, 2000 FILE NUMBER: AZ-00-008 REQUEST: 23.6 ACRES FOR PROPOSED RESIDENTIAL & COMMERCIAL TEARE TERRACE COUNTY ZONE AP-2 TO CG. R-15 AND R-8 BY: ZAMBEZI GROUP IDAHO GENERAL PARTNERSHIP LOCATION OF PROPERTY OR PROJECT: FAIRVIEW AVENUE, S6 T3N R1E SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLIO DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: j~ ~ ~ I i ~^~ 7 .~~ _ ~ J ~ G~;~t,..~" ~u~~~ __ i'~~ .. /~-~L~~ ~~ - '.rte ,~ ~%~~s .o~ 2 tic c.€~ ~-~~ ~~ ~ ~ ~~. ___~ ~ ~ ` --~.___;, ~'G~e.GG.r. ~ /~,~ ,/'a-~_- ~.~Z ems..,. ..~- ~: ~~ ~~ i ~. 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 May 9, 2000 for the purpose of reviewing and considering the application the Zambezi Group for annexation and zoning of 23.6 acres for proposed residential and commercial Teare Terrace. The applicant requests a zoning of R-8 and R-15. Furthermore, the application requests preliminary plat approval of the proposed Teare Terrace. 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 shill be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 13t" day of April, 2000. s~``~y1~11itF11//((((/, O ~ ~' ~O ~ WILLIAM G. BERG, J ., TY CLERK ~~iJ w ~ r ~s~ . ,~ ,~• PUBLISH April 21 & May,;~t~ ~pQ~,,~` ~,,{ QUi ,.,,.~ ~ e~ ~-. ,.-~, TEARE TERRACE SUBDIVISION PROPERTY OWNERS WITHIN 3U0' HAWS RALEIGI~ & DIEIJW 530 BLUE HERON LN MERIDIAN ID 83642-5544 530 BLUE HERON LN F, BLUE I-IF,RON S'I' IiIJNSAKER KEITI-I D & CARRI SUE HUNSAKER F_, LEON & EVA C 2061 N LARK PI. MERIDIAN ID83642-3327 JOI-iNS"1'ON SIIANNON D F,TAI, 2062 N LARK PL MERIDIAN ID 83642-332;6 BARKLEY VF.RNON H & JOANN 'IR[JS'I' 13ARKLEY VF,RNON H & JOf\NN "1RS'1'E 2081 NE S"1' 10"i'H MERIDIAN ID 83642-'1536 BF,L I~NAP I3 JANE 2073 BRIX"1'ON I'L MERIDIAN ID 83642-1855 LIVINGS"1'ON I3ENfAMIN & LNINGSTON CHRIST'AL 2072 NE AVE 10TH MERIDIAN ID 83642-1535 KELLY MICHAEL P & KELLY DEBRA L 2071 NE AVE 10TH MlRIDIAN Ill 83642-1536 Bi1ISI,EY "I'F,RRF,NCE C & 13AISLEY CAROL L 2070 BRIXTON PL MERIDIAN ID 83642-1855 CARRICO ROB VINCENT & CARRICO TINA M 2052 N LARK PL MERIDIAN ID 83642-3326 VIDF,EN S"I'EVF,N A & F,I,IIABEI'H ANNE 205'1 N LARK PL MERIDIAN Ill 83642-3327 CANARY MARJORIE J 2045 BRIXTON PL MERIDIAN ID 83642-1855 I,AMBU"rII JosIPH A & LAM13U"I7-I OPAI, P O BOX 2618 BOISE ID 83701-2618 904 E WILLOWBROOK DR LARSEN ERIC C & SUSAN r 784 E WII,LOWI3ROOK DR MERIDIAN Ill 83642-3330 SEELY RANDi1I,L C & SANDRA. 1) 802 E W[I.LOWI3ROOK DR I~II?RIDIIIN ID 83642-1882 GARDNER MARLA JO 2041 N I,ARI< PL M1;RIDI11N ID 83642-3327 KRr1"11 ROGER"I' I3UR'1'ON & K1Z11'1'1 SAl.I,Y A 818 E WILLOW BROOK. DR MERIDIAN ID 83642-0000 PAUL V & M LIVING TRUS"1, PAUL VICTOR & MAE 'iRUS"PEES 7121 13ROOKOVER DR BOISE ID 83709-1931 2043 NE 10'I"H ST SAUVAGEAU KEVIN J 2050 BRIXTON PL MERIDIAN ID 83642-1855 WALSI I JOSI~PII E & WALSI I RACH.AEL A 705 E WIIJ OWI3ROOK DR MI~RIDIAN ID 83642-3331 ft ~_ MOORI LESTER V 723 E WII.I~OWI3ROOK DR MERIDIAN ID 83642-0000 LARAMORE JERRY W & DEBRA A 757 E WII,I,OWI3ROOK DR IvIERIDIAN ID 83642-3331 HOWEI~I, ARDEN LYNN & I-IOWELL CAROL A 789 E WILLOWI3ROOK DR MERIDIAN ID 83642-3331 I-IU'1'CHINSON IllAVID L & LINDSAY M 4812 MOUNTAIN I,N HOLLADAY U'I' 84121--5609 801 l; WILL OWBROOK DR WALKER ROBIN T 821 E WILLOWBROOK DR MERIDIAN ID 83642-0000 BROWN TROY L & I3RO~Y~N RHONDA G 853 E WILI,OWI3ROOK DR MERIDIAN ID 83642-1883 AASEGUINOLA7,A MARIA H 885 E WILLOWBROOK DR MERIDIAN ID 83642-18 3 WINGA"1"E PHILLIP E WINGA'1'E DIANE K ~ 905 E WILLOWBROOK ~R MERIDIAN ID 83642-1885 SLAM DAVID F & I?l,A M DAWN R 923 E WII.LOWI3ROOK DR MERIDIAN ID 83642-1885 PARDEW S I'EVEN W & PARDEW SANDY D 957 E WILLOWI3ROOK DR MERIDIAN ID 83642-1885 DALY FIU'~NCIS W & DALY GEORGL~ L 989 E WILLOWBROOK DR MERIDIAN ID 83642-1885 PHELPS MAXCINE 1011 F WIIJ OWI3ROOK DR MERIDIAN ID 83642-1887 FAIRVIEW 'I'ERIZACE LL.C 1317 W FOO 1:'Hll,I,13I,VD S"1T 226 UPLAND CA 91786-3673 N MERIDIAN RD 700 F_, FAIRVIEW AVE CURTIS WILLIAM K ET AL 2630 E F]ZANKLIN RD MERIDIAN ID 83642-5910 824 E FAIRVIEW AV E GALLL~:GOS GARY M & GAI,LEGOS RUI3IE I 930 CI~IRI~NE S'I" NII~RII~It1N ID 8.3642-1874 BERNARD JOI-IN E 946 CLARENE ST MERIDIAN ID 83642-1874 RODRIGUE'L ROGELIO L & RODRIGUE'L GUADALUPE 958 CLARI?NF., S'T MERIDIAN ID 83642-1874 NEAL C HARVEY & NEAL CHERYLE J 978 CLAKENE S"I' MERIDIAN ID 83642-1874 'T'AYLOR SCO'I'I' A & 'I'AYI_OR TONYA L 1012 CI,ARENE ST MIa,RTD1AN iD 83C>42-1876 GRIGCG DANA K 1015 Cl.t1R1~NE S'i' MERIDIAN ID 83642-1877 MELLINGER ROI3F,R1" E JR 981 CL~~RENE ST MERIDIAN 1D 83642-1875 1300"1'I~ Rt1NDY G & YAN~1M0'1'O "1'ED S 1300"I H RI IONDA K 1858 N '1'EARF. A VI'. 1945 N TEARS AVE M3~RlD1AN ID 83642-1870 MERIDIAN TD 83642-1873 DAY DONALD D & SCHIv1IDT GLEN H & DAY CAVERN SCHI~IID'I' VANESSA L 1022 'i"AMMY S'1' 1920 N TEARS AVE MERIDIAN ID 83642-1866 MERIDIAN ID 83642-1872 MILLEK "TODD G & DO'Z'Y CUR"I'IS L & MILLER VICl"ORI1~ S DOTY ROSA M 1074 TAMMY S"T 1903 N '1'EARF_, AVE MERIDIt3N ID 83642-1897 MERIDIAN ID 83642-0000 KINNEY DENNIS 1. & 1_IYANAGE KUMIJD[IU G P 1{fNNI?Y LORh;1"1'A 1, 1902 N '1'1~,ARE AVE 1835 N "1'EARE AVE MEKIDIAN Ill 8.3642-1872 MERIDIAN ID 83642-1871 Nr1NNI MARIE D G1U'1N0 'T'RACY M & 1046 "TAMMY ST CARR NANCY MERIDIAN ID 83642-1866 1842 N '1'E11RE AVE MERIDIAN ID 83642-1870 "TYLER HF,IDI ANN 1034 TAMMY ST S'T'ACEY JULIA MERIDIAN ID 83642-1866. h'UEI-TREK LINDA 1821 JERICFIO RD VA'LQUE7 SALV11llOR P & MERIDIAN ID 83642-1861 VA'LQUF_,'1, EI.SA E 1883 N "TEAItE AVE PENCE. STEVEN MERMAN ~ MERIDIAN ID 83642-0000 PENCE DEBRA ALICE 1020 "TAMMY S'T I3YRNE J A & F, C'IRUS"I' MERIDIAN ID 83642-1866 BYRNE J A & E C 1RUSTEF_.S 5606 Hr1RBORCOVE L BRITZ GLENDA K BOISE ID 83703-0000 954 TAIVII~IY ST 1884 N T'EARE AVE I MERIDIAN ID 83642-1864 MILLER WILLIAM G & ~ r`~'~~INEY DENNIS MII_,I,ER PA'I`RICIA K I~NN1J 'I'A L 1855 N 'T'EARS AVF, 1835 ~I--7' i,ARF. AV a, MERIDIAN ID 83642-1871 ~RIDIAN ID 83642-1871 MA"1'LOCK MELANIE R LEA'I'HERBURY DAVID R & 1026 TAI~II~1Y S`i LEATHI~IZBURY BECKY K MERIDIAN ID 83642-1866 1812 N JF,RICIIO WAY MERIDIAN ID 83642-0000 BYRNE JAMES A & LUCILI,E C `1RS'1' 5606 W HARBORCOVE LN BOISE ID 837(13-8246 N "i'EARE AVF, SI IF_.PFIF,RD CRAIG & S f-I EP f i F.RD J U LiI 1811 N "lEARE AVF. MI;Rll)1AN fI) 83642-1871 DL'WEY S"I"EVE 1625 IVL~DISON ST 13AKF.R CI'1"Y OR 97814-2858 1792 N JERICHO WAY SWING G1.ENROSE J 983 1'ATeIMY ST MERIDIr1N ID 83642-1865 WI~?S7'I~,RN ADA RI?CRf~;A'1'IONA], llIS'1' PO 130X 566 MERIDIAN ID 83680-0566 1031 W 'TAMMY S"I' LUEVANO MARIO L & LUEVANO GUADALUPE 1785 N 'ITARE AVE MERIDIr'~N ID 83642-0000 ABBO"1"I" PERRY B & ABI30'1'1' TANNIS R 1041 TAMIvIY S'T IviERIDIAN ID 83642-1$67 I-I11MIL'1 ON VICTOR E & HAMII~ I'ON LILA C 1071 'T'AMMY ST MERIDIAN ID 83642-1867 WE13I3 1"YI,F.R t1 1774 NJERICI-IO WAY MERIDIAN Ill 83642-1858 SMITH JACK I3 1751 N TEARS AVF_. MERIDIAN ID 83642-1869 F1_ORC'Z,YK DOR"I'HEA R 1758 N'I"F.AItE AVF, IvI1:RIDIAN ID 83642-0000 MEDICA BRANDON K & IvIEDICA KATIE N1 1761 JF.RICHO WAY MERIDIAN ID 83642-0000 WOOD S'1'IAN E & WOOD PAMELA M 1762 JF,KICHO RD MI?RIDJ~\N ID 83642-t85R DAMS KEVIN D 1745 JERICHO RD MERIDIAN ID 83642-1859 I3AKE'R JAMES E I3AKER SI IERI L 1746 JERICHO RD 1v1E1ZIllIAN ID 83642-1858 13R0'LOVICFI MICHAI:1, A 1721 JI?RICI 10 RD Iv~II-;RIDIAN lD 83642-1859 LAWRENCE. CI IARI,ES L & Lr~WRI?NCE EILEEN M 1722 JERICHO RD MERIDIAN ID 83642-1858 ZIEGENFUSS SUSAN K 1685 ~ERICHO RD MERIDIAN ID 83642-1857 DARCO RONALD M JR & DARCO '1'I IF,RF.SE J 1686 JERICHO RD MERITDIAN ID 83642-1856 DIRTY I IARRY'S CAR WASHES INC 3201 CHINDEN I3L VD I30ISE ID 83714-6636 1675 N JERICHO WAY N JERICIIO ~~~AY SRP HEAL'I'IICARE INC PO BOX '191050 BOISF_, ID 83719-1050 1130 E FAIRVIEW AVE ADAMS HARRY S D & ADAMS LYNF_,'I I'F, 3201 CHINDEN BLVD I30ISE ID 83714-6636 1621 N JERICHO WAY JOHANNF.SLN EIZLING 2731 CI~IFRRY I_.N EMMETT ID 83617-0000 704 E FAIRVIEW AVE FRANKLIN BUII,DING SUPPLY CO 11700 FRANKLIN IZD BOISE ID 83709-0000 BARBARA DR BOISF. PODIA'1RY BUILDING 1065 E FAIRV IEW AVE MERIDIAN ID 83642-1810 JOHNSON F_.INORA L ~OIINS<)N I~J,NORA1,"LRUS"l'I?1~, 8306 W S"I'A"IE ST" 130ISE ID 83703-6070 1005 E FAIlZVIEW AVE HOWELL FAMILY "TRUST HOWELL T E & M F `1RUSTEES 1200 HARBOR DR 2D OCEANSIDE CA 92054-1051 1139 E FAIRVIEW AVE MORGAN CLARF,NCE & BF.RNA DEANS 1187 1? FAIRVIFW AVE MERIDIAN Ill 83642-1812 BWINC 250 BF.ECHWOOD DR STE 120 BOISE ID 83709-0944 E FAIRVIEW AVE 1151 E FAIRVIEW AVE BIG BEAVER PROPERTIES L L C 6754 COCHRANF, DR MERIDIAN ID 83642-7128 1035 E FAIRVIEW AVE KBC DEVELOPMENT' LLC 835 E FAIRVIEW AVE MERIDIAN ID 83642-0000 PETERSEN MICHAEL a 1151 F. FAIRVIF_,W Ivy RIDIAN ID 83642-00 ~ 0 GEN'T'RY ALLEN & GI N'1'RY MN31?L 1800 LARCH S'1' 130iSE ID 83706-0000 E t~AIRVII?W AVE JONES RICI-TARO E & )ONES I:YNDA K 11674 HIDDEN VALLEY RIM RD BOISE ID 83709-0000 813 I? FAIRVIEW AVE Sant 8y: Oity of Meridian; ~ 2088886854; Jen-3~^.~ 10:27AM; CITY aF MERIllIAN 33 East Idaho Street, Meridian, iD 83642 Phane: (208) 888-4433 Fax:(2U8)887-4813 1~PPi<..It;A,~'fUN F4R ANI~XA'I'lUN ANQ 7~. 7 OR REZONE Page 3 MAR 0 12000 aZ - ob - OiD~ PRQPCIS~ED NAME C)F SITBDTVTSIC~N: T~ ~~~ ~ .~.:~°--~'.1`'..~C~~. GENERAL LQCA77nN: i-/~t ~ E ~~4 ~~1 '~~~ ~ ~ T ~N ~. IE r °" G.C? YV~ YV` T'YP'E (RE$IDENTTAL, INDCJSTRIAL, CUMM ~ItCIAL): ~,~~ I u ~:.., ~ .1 ~ , ~ F~ ~~. G ::. ~: ~ f h ~ ;~ ACRD (7F LAND 1N ;?R(IPaSED ANNEXAT7UN: ~» ~ . ~~ ""' PREP )~~ T LAND USE' V A C ~1~~ 1 ' `~" ~.,.~....,..~--~.• >~ROPOSELI LAND IJrSE• _ ~'~ `~• { ;.~; ~m ~ ~ C" r'l ~~. (~ r J ~~ r'a`t r v ~ :^ I ~ r i ~ --~- PRF,S1wN'[' ZONING DISTRIC'T': A P - ~ C O to(r~JyC`~~ ~.~ C~! i= PROPOSEDLONR~IG DISTRICT: C- ~ ~ l S ~' ~'~ -~ ~~ APPLICANT: Z A M ~;~ Z I C-t A'., ~ tit ~ `S< <.;f~+, t) C:i~i...l . ~'+~k? s w ~~; s•F ~ i f' PHONE: f3a0 - z ~~ - la ~9$ a ADDR~ss: ~~~ ~.~.Cai~•:i C. (~,4~~v~1~,.~.~~ R~~ ~Coa~ ENGINEER SURVEYOR, URPLANNER E~~-`.~1 ~:t~lC~li lTr~'i~•''= FHONE:.~~4~ , `'~ 1-)ca aT}nr~ss: ~ 1c~ r.t~~n.,~l c~i~~-~-«~.~ ~~v~,, ~~~~~ ~u ~._.7:.~.1 ~)~NNECt(5} OF RECORD: W \ l_\.1 ~ t` ti C. t~. t =? ~° I ~ PNONE: ~~`~~ • ;~ `~ t ~ ADDRESS: Z lv ~:., ~ ~ ~ ~' ~= ~ Cw~! i` 1 I`~J t•;~~~ U (`~+ ~~' 1 ~, CIA;'f~ ~ i. ~w> , <w~ {~~'t-" ~.. - , ......µ~~ f._--~` -----_._ ...-- _ . _____ r.,..:: _ ~° _ Signature of Appli~tt ,y.,~ ,~+ ~on4ng Amendment Appt~tcation Citti° of Meridian, Idaho March 1, 200 1. Applicant tiame: Leroy Atwood Zambezi Group, oar ldaha General ~"atmership 914 Elgin Caldwell, LD 83605 $00-269-6348 2. Property {~mer: V~'YllYam CurtYs 2630 East Franklin Road Meridian. ID 83642 888-591.4 3. Notarized Request for zoning amendment is attached. 4. Legal Description is attached. 5. Bescription of present land use: 6. Description of proposed land use: 7. Present zoning district: 8. Proposed zoning district: Vacant Residential and Commercial AP-2, Ada Counrv 12-8, It-IS and C-G 9. Statement describing the characteristics of subject property which make the zoning amendment desirable: Subject property is surrounded by-City of Meridian, and is nearby current City of Meridian commercial zoned properties and residential properties. Subject prapeY~ty is adjacent to arterial street at proposed commercial zone and adjacent to other residential zones at proposed residential zone. l U. Statement outlining the necessity or desirability of the development pertaining to the zoning amendment and its harmony with adjacent development: Subject property, if annexed, will conform to current Sand use of surrounding properties and will provide contiguous City of Meridian boundaries in this area. Similar commercial zoned properties and residential properties are nearby. The subject property is adjacent to an arterial street at the proposed cou~anercial zone and is adjacent to residential zones at proposed residential zone. Where the proposed commercial zone is adj~:ent to new or existing residential zones, atwenty-foot landscape buffer, or a screen wall, a=ill. be provided. r ~'1 11. Statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan: The proposed subject property will provide lots for commercial development and lots for single family acid multi-family dwellings. Proposed commercial development will encourage local economic growth and employment opportunities. Single family and multi- family residential lots will provide housing opportunities for diverse economic groups within the community. 12. Site area map is enclosed. 13. Thirty proposed site vicinity maps are enclosed. 14. List of the ninety-four adjacent property owners within three hundred feet of the external boundaries of the lan being considered is attached. l 5. Fee in the amount Hof $_~~C' is attached. t 16. Signed affidavit stating That the property will be posted one week before the public hearing. Posting must contain. name of applicant, description of zoning amendment, and tune and date of public hearing. 1 hereby attest that a public notice will be posted, at least one week before the scheduled public hearing, stating that an application bas been filed for the subject property zoning amendment and annexation, and that the City will be holding a public hearing regarding the zoning change and annexation. The posting shall contain the name of applicant, description of zoning amendment, time, date and place of the public hearing. --:..:~r;;:a __.__ Leroy Atwood, for Zambezi Group llate 17. Signed affidavit stating the applicant has read the contents thereof and verified that the information contained is true and correct. 1 }rave reviewed the above application information and find it to be true a.nd correct. --_- ~_ a-- - - ~ _C--~- Leroy Atwood, for Zambezi. 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C ~Ih~y ~tf~r ~-\ S~C_ 11.7 A i ~1yV 4\ ~ii P, 03 ~ 002 :4 ' ~ ~ _ T7eborah S. Roetto ~otarq' Public :for t Caa~ygm County . commission I:;xpir . V N~ ~,V .. Notary 1'ulalic far the .. State of Colorado • ~ ArapaYi4e County ~ ./~ _ Commission Expires t)3/05/d2 of Zda~ho ~~' i /'~ s~. ~d ~r-n+o-i ~=~~lo~~._ulr.,; 53,a33ru.`=. r''1 OHVaI ',11N(10~ VQV 2 g g '~U~ `Sa22U16U~ ~~~ NV~IIOAVldO311SlIlVldnA21VNIWll321d17.1 NDISI~108(7S 3~V?12131 3ryV31 + I! I r i e ~• „ ~~ -~ p S -_ _._ .______._. -___ _______ _..___.__ -_ z ~.~ g ~~ ~., - Gov ~:~ a ~'~' I $ ~ ~~ W` U~~a ~ ~ u~ 7T ~~~ z I I ~ a g ~~ ~i ~N~,~o ~~ :try w-. .. ;,~ ~ I 5' ~;~ ~~~_ °' R~be~ mm ~ I: I Nom; r _W a NFU-~,; ~ ~.. 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N ~' 'I i.~~ 4o- ~ .nvl4v slLlv.rl i ~_ y~ ~ ~ ~ ~~: I, I ~ i( I; ~ _ r II q m w}, ~~ n t- r . :.S ~iT~ dY- ~ - ' =Gsl y .. ~ -~ C ~ ~ p 1 i ~ ~ • ~ ` ? ~ W ° '~ ~ ~ ip R i~$ ~R:• ~~ ,~ 710 'T i _ ;` 1' ~+1 I p~F I O q=~~y~ 1 . k ~ ^tz, _.L ~ ~__ 1.7Jf1.LS VLIG.LJIA __ Il .g v~ic~I~.,m~.N. ~~x x- ,-, - 4Fs: - 0~2.~&.-ire sT~'jt ~~ +~ - - - S r 4 : ,~ i ~J ~.i I ~ ~ ~ II j1 ~ ° o x ri F ~3 '~ ~ i ~. ti i ~ i ~ _ o ~w ¢ y . ~ ~: I i ~ q>2q M ~ "'- W w 1 :~ / C~~ ~ ~~ I M~ o° ~'''^ ~; / A ~ -. G O' , ..'lV ~ '' I ~ u. i O vii v o a^ii ~ 5 r _ -- i i ({ ~ c q 1 S S t e ( l~~a 3,~ ya~o, h q )t' ~ ~ 9: ~~ t ~ ~' 4 p N l ~~ ~~ l~ ~aQam : ~., o -. 3 d~ow l°,~ 03 N`1 ~. ~~11rR. -O1' L~~ i4YEUi U9 ~ 3? JUN"''..-.L_SCUTT BUI -NAHIPA UFFICE ~]3b7104 rrownttr~ I. IanN4tEI>.r:R a~nNwrLxLrR, n}:vzs a cnrtr•.Ttorr ntta>;rey3 ,~t T:,aw 200 TTorth Fourth Street, SuitC 372 P .0. Flox 827 i3c7ise, Idaho 63701-OAZ7 ^elephonec (208) 3q5-1040 n'rTarrtcYS rort Pi:f?50tTAL >zl»PRGS.:r1Tn'rlvr; 'fEL~r'~8 46S 9898 632 1191 ,, .:' •{ •~, ... i.' : ,... xri .HE C'T_STFXCT C~'11IRT QF T}t6 FQrIRTFS ,1riDLrTAT. pI~TR*C? OF THE STATE ~F It3nE1O, r~1 APR FOR TI.11r COlltiTY OF ~,Dr` Ir the Matter of the >rstate ofj j CASs tiO. 3P-7~2z I:.TLX,IC F". C11i2'I'IS, j Or~ceasecl , ) OP , D7.STRI9UTT0tt 1 Tho VerifiFd Statement of Pcr~onal i?epsea~nt~~tzva Closing Estate Having cone b~:fore the Cc:art, and •th~ ttiotion to Amend said Deoree having been duly consic.erecl, the ~'ourt fin9s. - (1) The Pr~rsonal 12epresentntzve has published notice to c~:editot:s for the time Znd in 1:ha Manner -er~airec? by la•.~, an~J has fully uciminint©sed the nstnta of the cTacedent ey makirtc~ paynent, 5nttlenent or othez disposition of all clams which were prESentod, expenses a` adnini9tzatior., Lstato, inheritance ar.d othewr dnath t~'~xe.s, (2} Any ~icCount.in~~ reytiiiCiycl i .3C Idaho :cue, Sectrlon 15-3-1003, hAS bean waived i~}' ll, of the heirs of decQd©nt as evidenced Iay the Ca n file herein. e P. OQi MAR. -Ol' OOiWED) 09:3? _.. .' , JOHN L 5GOTT BOl -NAMPA OFFICE TEL:'08 X65 9898 P, 006 ~.re. ~,~ -~-~- --- b9~ 1192 IT IS Itl:itfOY QRpfRf~,ll /tilh QrCRl;l;l)s (1) ~1'hn real 'And p~~r3cnrsl Pro~~orty dCSCri~ccl horcnfker i.e heralry vestal in and Idistributwd to tlilliar;. Kondall Curtis, iliriam i3lizoheth Il~~rr, Zed t~targucrite Jana Scott, o.~ch ono- third (lf3) interesL•, ll~arct and bhas:c Aliko: REAL PROPERTY The Southwest quarter of the Southeast c)uartlz' of Section G, Township 3 ilortll, Range 1 Ernst, Boise ;ter.i~tian, Ada County, Idaho, EXC1.4~• that 1~roporty described in I^.eed recorr)td in t3ook 131 of peseds nt pale 5fi, renordfi of Ac1a c'ounr_~~, Irlrsho; rnci ALSn i"XCF.PTIN6 the proparty rluscribeci in InstrunEr,t tdo, 380284, rocorcls of nd,i County, Idaho, and incl>;sding the following real prcperty; Conrnancing st tlto Sauthe~sst corner of Section b, T, 3 N. , R. 1 1:, , E.tl. , Rda County, Idaho, end xunning rt. 99°28'G6" fit. 1153.1 feat (fornerly described as 1;. B9°37' W. 1153.68 feet and as t~. E9°59' w. 1152.1j0 sect) a1~r~~ the Southerly laoundary;ot said section 6 to a point which bears &.. 89°28'06" >;, 1b7, 20 ftet frun tite 5authwQSS;t cornox nE Lhes S13r1SE~ of said Section 6, said point ~:11sr~ heing on the e:~tendrsd~ S~iestcrly boundAlry of (]Oris Subdivision as shoti,n on r.he official t~l?~t thernoE on file in the office of the Ada County Rorordnr in Boo'F: 1G of Plaits .zt Page ]080; thence continuing N. R9°29'05" 4t. 823,72 fact along t,l1e Southerly hc~un~'arl~ of said ;Section 6 to a Fonit which bars S. 89°2B;'OG" G. 19G3.99 feat from the SouLl~wgs't corner of the Sick of said Section 5; thence continuin7 t1. 0°23'ZO" E. 1,15 feet ton point on the c~ntarline of Fairviaw Itvenue (t). S. Ilir~hwa, tio, 301 ; thence continuing tl, 0°23'20" E. 50.90 feet to ~ point on tt:e ;r,artharl~• right-o`- a~ay 1i11q of said I'al:t'iCw rlvenuc (U. S, t)ighwny ~l10. 3r)1, nai.rl point be7.ng ~tf1e 1.r~~ COI NT nT' [3EGIt1P1Xt1G; thence continuin~~ N, 0°23F20" l;. •IG1.:0 Peet to <i point; thestce !i. R9 °3G'40" t•t. 40B.SG feat to a points thenco td. 0°23'?.Il" S. 777.18 Eeet to a point on tt•,e Plot'tl•serly boundary of tilAn, -(11' 00(~YEJ1 (i9;3 ~~ ~ ~( ~~ JGHN L SCOTT B01 -h,4h1PA OFFICE _ TEL,~O$ 45S 9693 6~2 P. Ov i 3183 . rhr+ rQt'!;I'd~t nr ;Cllr) ar.'r.t:].r.)tl G, C)1Rltf;n S, 8~° ho>,ttt~~rir.f..oll.I Or+(,:I~,L ,nlon<~ tilt 'torrh~riy [hence Y a r 11~~,~t,,, UL• s.,i~ Srction ~i; S. 0 23 ?.7 .t•!. 770,AIt fast '.o a po.i,ni:; L•hnncc S, fl9°05'22" C, 403,73 scot t4 n point( tl~enca S, 0°ll't]'7" pr, A63,?5 i'er~t to ~~ poi.ntt thence S. 7845'39" t/~• 7.22 1`ret to the point of beginnir.9; c°mpr~.s.in~J 0.26 arres, mere or less, Togother wiL•h their appurtenances. Ri;RL pRdPl~fiTY city Clot, 50' x 1?2', '?.ots ZA and 21, Blrck 1, lSori3l,nn Townsite-, Mcricii~,n, 11c1a County, Idaho. ?CftSppIr1L PRUP';tZTY Checking aecaune, Idaho c~irst National ean~:, !ieridian, Idaho. r4aczo savings rlC'CpU77t~ Ydal~o E'irst Prationsl rank, Dose, Idaho. D,~TGD '^h~.s ~_;i c;ay of ~ecerlber, 1~}E3, Jupcr I n~'+"hr'~~Idr Ina the Irc~all(R nl4vume411L AJIl11. II~,• . +nd rnrna LI!pu n! rho cn{;m~ on Idr`'•rnlltlr ulLl,r tl Ib c~:r'agNPll flrrr at rAr Dlflmt f/.'1111 ~11Rlslrtlr'1 !1;;.:;an. h1 Illr tlnulh lularel ihtillirT fl I111nD la' I~di'G:IBh ~. 1A~~ tq(tfl fl)~(If1A f-Jl ,~s• •~ ~~ )~~G 1111 V d'.I MI.II ', Il~ul'.IC~,~. /i 1 • I ,~ !'.!1, 1; ('( (i1~a 111 r.l~V'ii+ ~.11 AI" ~ ',% J (ilea iv' v/•v.: II bm'~,"I ~': ~ _.~...Yl~7,~1 /. 1~ % , y lilfilf lilanib' AHn"Ire lf.. , u;r~ l_/~,.•f~ ~.a~rE~'=~~.lrylfrlr :. G / / (\ ' r ' ~ ~_~ ~~ __ ~~~~ [T ~ 1 ]lit _ ~I l l-J1 ~ ~ ~: ,, ~ _ ~ [ ~~, {` , ~a ~ / 1 ~ ~ - ~ n' I~ I it ~ ~ 6 -_ VIII II _ ~ _! ! 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Carkon Suite 201 Meridian, ID 83642 Phone: (208)8845533 Fax: (208) 888854 FaX Trx GeraM Martens & Carl Geiger, EHM Fmm: Christy Ridrardson Part 3669076 ha•s: 1 Phone: 366.9170 Det•: 03!10/00 ae Team TeRacb SubtlMebn a~llcatlons ^ Ury•:R O For Rwl•ve ^ Plws Comment ~~ PNa•• a.ay ^ M•u• R•rycl• Gerald & Carl, The following Rem needs to be revised before the submitted applications can be processed for Teare Terrace. 1. Legal Description -Bruce Fredcleston, Assistant CRy Engineer, has reviewed the submitted Iagal descriptions, and had the following comments: - Need one legal description for each zone requested (one description for C- G, tether than two separate descriptions). - Legals need to indude one-half of the right-ot-way - Check Block land Block 3 descriptions -should '/: comer really be Y, coma!! If you have any questions regarding the revision of the legal descriptions, please contad Bruce at 887-2211. Please submR the revisions as soon as possible so that this appliption can be processed. Thanks! \~h FROM EHM ENGINEERS ~ FAX N0. 208 386-9076 ~ Mar. 15 2000 05:59PM P2 William tiendall Curtis !Viiriam l+~lizabeth Barr and Mar uerite Banc Scott Pro ert Real. Prooerty l~eginnin.g at a point, which is the southeast corner of Section 6, Township 3N, Range 1 F., thence bearing N$9°28'U6"W along south section line a distance of 1577.03 feet to the point of beginning at the subject property southeast corner; thence NO°23'20"~ 18.SU feet, to a point which is o.n the Fairview Avenue centerline; thence N~0°23'20"L SO.UU feet, to a point which is on the Fairview Avcmte right off' way boundary; thence N78°45'39"J/ 7.22 feet; thence NO°l i.'07":1/ 463.25 feet; thence N89°05'22"W 403.73 feet; thence NO°23'27"E 770.44 feet; tl~.ence N89°53'08"W 666.99 feet; thence SO°2U'01 "W 1251.13 feet, which is on the Fairview Avenue right of way; thence SO°20'01 "W SU.UU feet, which is on the Fairview Avenue centerline; thence S89°28'U6"E 1063.99 Feet to the point of beginming, with property area of 23.45 acres and right of way area of 1.44 acres, a total of 24.89 Acres. C,~~ k~~ '~O FROM EHM ENGINEERS ~ FAX N0. 208 386-9076 ~ Mar. 15 2000 05:59PM P3 William Kendall Curtis, NCiriam Cliiabeth Karr and Mar~ueritc Jane Scott Property f3locd; 1 and Rlock 2 TeamTerrace - Real ~C'ri~perty proposed for zoninh chin e to ~:-G Beginning at a point, which is the southeast corner ol` Section 6, Township 3N, Range 1 E, thence bearing N89°28'06"W along soi.ith section line a distance of 2641.02 feet to a monument at the south 1/4 corner of'said section which. is the point of beginning at the suE?ject property southwest corner; thence NU°20'01 "L a distance of 698.44 feet; thence S89°39'59"F. a distance of 666.36 feet; thence 50°23'27"W a distance of 165.19 feet; thence 589°05'22"L a distance ol'4U3.73 feet; thence SU° l 1'07"W a distance of 463.25 feet; ihcnce 578°45'39"W a distance of 7.22 feet; thence SO°23'20"`W a distance of 50 feet; thence 589°33'14"W a distance of 1064,15 feet to the point of beginning, with property area of 15.43 acres. FROM EHM ENGINEERS ^` FAX N0. 208 386-9076 '~ Mar. 15 2000 06:00PM P4 William Kendall (:urtic, Miriam. ~Mirabeth Barr and Mar Juerite ;cane Scott Property Bloeic 3 ;T'eare 'T'errace -Real Propertyproposed liar zoni.n~hant:e tc:~ R-15 Beginning at a point, which is the southeast corner. of Section 6, Township 3N, Ctange 'I E, thence bearing N89°28'06"W along south section line a distance of 2641.02 feet to a monYYment at t"ne south 1 /4 corner of said section, thence bearing NO°2U'01 "1/ a distance of 698.44 feet to the point ofbeginning at the subject property southwest corner; thence 'NO°20'U L ".E a distance of 602.70 feet; thence S89°S3'U8"Is a. distance of 666.99 feet; thence SO°23'27"W a distance of 138.69 feet; thence N89°39'59"VY a distance of 58.82 feet; thence 157.08 feet along the arc of a 100 foot radius circular curve to the left, chord. bearing S45°20'01 "W 14'.I ,42 feet; lhencc bearing SO°20'01 "W a distance of 366.56 feet; thence bearing N89°39'59"W a distance of 508.00 feet to the point of beginning; with property area of 7.59 acres, ~'~ ~ s MAR 1 6 2~~~ ~.e~~`=,IiIAN Pti'CLIC 4VGFiKS FROM EHM ENGINEERS "r FAX N0. 208 386-9076 A Mar. 15 2000 06:00PM P5 William Kendal! Cnrtia~, Miriam 1Jli~abcth Sarr and Marguerite Jane Scutt Prunerty Block ~ '1'exre; Tcrraee -Real T'ropcriy nronosed for Bonin ~ change to R-8 Beginning at a point, which is the southeast corner of Section 6, Township 3:N, Range 'I E, thence bearing N89°28'U6"W along south section Line a distance of 1577.03; thence bearing; NO°23'2U"E a distance of 18.50 feet, to a point which is on. the Fairview Avenue centerline; thence NO°23'20"E, a distance of 50.00 feet; thence 578°45'39"VJ a distance of x.22 feet thence SO° 11'07"W a distance of 463.25 feet; thence 589°05'22"E a distance of 403.73 feet; thence NO°23'27".l a distance of 165.19 feet to the point of beginning at the subject property svutheasi corner; thence N89°39'59"W a distance of 158.36 feet; thence NO°20'U1 "E a distance 01`366.56 feet; thence 157.08 feet along the arc of a 140 foot radius circular curve to the right, chord bearing N4S°20'01 "F 14l .42 Feet; thence bearinb 589°39'59".F a distance of 58.82 feet; thence bearing SO°23'27"W a distance of 466.56 feet to the point of begi.nnin~, with property area of 1.65 acres_ a, -., , MAR 1 ~ 2G0~ HP LaserJet 3100 ;,AND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 -:~~r-13-0~ 8:21 AM Job Start Time Usage Phone Number or ID Type Pages Mode Status 461 3/1 3 8:20AM 0'41 " 208 386 9076 Send .............. 1 / 1 144 Completed........................................ Total 0'41" Pages Sent: 1 Pages Printed: 0 200 E. Carlton Suite 201 Meridian, ID 83642 Phone: (208)8845533 Fax: (208) 888$854 FaX 7b: Gerald Marlene 8 Carl Geiger, EHM From: Christy Ridtardaon Fac 366.9076 Papeas 1 Pl:onee 3689170 DsM: 03/tONO Rer Tears TeRBCe Subdlvlebn aoolkatlona ^ Uraenf ^ For Review ^ Please Comment O~ PNaae Reply ^ M.aw RecycN Gerald 8 Carl, The following kem needs to be revised before the submitted appliptions can ba processed for Teare Terrace. 1. Legal Description -Bruce Freckleston, Assistant Cil)r Engineer, has reviewed the submitted legal descriptions, and had the following comments: • Nced are legal description for each mne requested (one description for C- G, rattier than two separate descriptions). - Legals need to indude one-half of the rightof--way - Check Block land Blodc 3 descriptors -should '/: comer realty ba '/, comer? If you have any gtrestbns regarding the revision of the legal descriptions, please contact Bruce a[ 887-2211. Please submit the revisions as soon as possible so that this applicetbn can be processed. Thanks! ~~~ ^r'ertified Mailing Retu~^s Project Name~"~~~,,~ ~ ~.v,.~~ File No(s) ~~°~. ?~ Date of Hearing Name Address Reason for Return rn ~ Cat! ~C'~ 1 r(~ "L'L", ~ ~~C ~ :~l ~= ~ ,, r;~, z ..LC~f~ '~ ~ -~ V ~ ~ ,~C K ,'fi't ~~ ~'~q q ~ ~ . ° ~ •~ ~ ~ ~ ~ ~~ ~ ,~~ ri ~ f ~~ G'v f ~" ~~ V /' \i ' F ~ ~/.f~~ 1 ~ A V ~7 ~'LI ` `~ ' " ~ ~Y' q V I? V1y~ ,~y +~+A ( fV /'1!~/ L ~~~ / V., f/ U f C Y ~ ~ ('; ~ ? V ~ ~ ~ ~ 7 i'~'liC 't'~ ~ I ~ t~ n ' ' 1, r l 1. .'l l i, ~-i^~L~ ~ ~n I/ ~C V ~J ~ S ~/' a y ~,J ~ p~ ~(^1 {I~ / / ~~ ~ 1~ I vL"Y ~~/( `\~~C ice.! ~ ~f ri / / / p ,~ f' lL x'11 ~~ WHITE, PETERSON, PRUSS, MORROW ~ GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHIL[P A. PETERSON WM. E GIGRAY, Ill STEPHEN L. PRUSS BRENT JOHNSON EAIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM R NICHOLS• TERRENCE R. WHITE*• CHRISTOPHER S. NYE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX Z47 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 'ALSO ADMITTED IN OR "ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Email via Internet @ wfg@wppmg.com June 26, 2000 PLEASE REPLY TO MERIDIAN OFFICE RE~.~r~~ JUN 2 7 2000 CITY pF MERIDIAN CITY r.~ FRK nr=~IrE Re: ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP - DEVELOPER /TEARS TERRACE ANNEXATION AND ZONING ORDINANCE and CERTIFICATE OF CLERK (AZ-00-008) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP /TEARS TERRACE. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by all the parties involved. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. ,, Very truly yoursy~ i ~~ `~ Wm. ich:~ s msg\Z:\Work\M\Meridian 15360M\Teare Terrace Agency AZ\Clerk on Ord.Ltr CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerlc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. , passed by the City Council of the City of Meridian, on the day of , 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerlc of the City of Meridian. STATE OF IDAHO, ) County of Ada, ) ss. WILLIAM G. BERG, JR. On this day of , in the year 2000, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ msg\Z:\Worlc\M\Meridian 15360M\Teare Terrace Agency AZ\CertificationOfClerlcOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN 33 East Idaho Meridian, ID 83642 Ph: 208-888-4433 Fax: 208--888-4218 FCIX City of Meridian City Clerk's Office to: Steve O. From: Shelby ~; Pages: 5 Phone: Date: ~ 0/25/00 Re: Teare Terrace Ordinance -MAP cc: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle Thank you!! ~~ .-~ ** TX CONF I RMAT I (/~ . ~2EPORT ** DATE TIME TO/FROM 17 10/25 14 49 PUBLIC ~JORKS 33 East Idaho Meridian, ID 83642 Ph: 208-888-44.'33 Fax: 208-888-4218 FQ)c AS OF OCT 25 '00 14 50 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF--S 01'11" 005 009 OK City of Meridian City Clerk's Office w: Steve O. From: Shelby Fa~c Po®es: 5 Phone: Dde: 10/25/00 Re: Teare Terrace Ordinance -MAP cc: ^ Urgent ~ For Review O Please Comment O Please Repty ^ Please Recycle Thank you!! vvl RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND WILLIAM K. CURTIS, MIRIAM E. BARB, MARGUERITE J. SCOTT, AND ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with William IC. Curtis, Miriam E. Barr, Marguerite J. Scott, and Zambezi Group, an Idaho General Partnership, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with William IC. Curtis, Miriam E. Barr, Marguerite J. Scott and Zambezi Group, an Idaho General Partnership, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and William IC. Curtis, Miriam E. Barr, Marguerite J. Scott, and Zambezi Group, an Idaho General Partnership, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution (AZ-00-008) - 1 of 2 .~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. MAYOR ATTEST: CITY CLERK msg/Z:\Work~Vl\Meridian 15360N1\Teare Terrace Agency !1Z\Resolution Resolution (AZ-00-008) - 2 of 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerlc of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND WILLIAM K. CURTIS, MIRIAM E. BARB, MARGUERITE J. SCOTT, AND ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with William IC Curtis, Miriam E. Barr, Marguerite J. Scott, and Zambezi Group, an Idaho General Partnership, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with William IC. Curtis, Miriam E. Barr, Marguerite J. Scott and Zambezi Group, an Idaho General Partnership, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and William IC. Curtis, Miriam E. Barr, Marguerite J. Scott, and Zambezi Group, an Idaho General Partnership, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. CITY CLERK STATE OF IDAHO, ) County of Ada, ) ss. On this day of , in the year 2000, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ msg/Z:\Work\M\Nleridian 15360M\Teare Terrace Agency AZ\CERTofCLICforRESOLU Resolution (AZ-00-008) - 2 of 2 MAYOR Robert D. Cowie 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 Fi~E tort October 25, 2000 Leroy Abbott Zambezi Group 914 Elgin Caldwell, ID 83605 Re: Teare Terrace AZ 00-008 Development Agreement Dear Mr. Abbott, Please find enclosed the original Development Agreement ready for signatures of the appropriate parties. Once these signatures are obtained, please forward to my office at the above address for placement on the next available City Council agenda for approval. If you should have any questions, please feel free. to call. Sincerely, Shelby E. Ugarriza Deputy City Clerk enc. ~.., ^, DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. William K. Curtis, Miriam E. Barr, and Nlargt.ierite J. Scott, Owners 3. Zambezi Group, an Idaho General Partnership, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and WILLIAM I<. CURTIS, whose address is 2630 East Franklin Road, Meridian, Idaho 83642, MIRIAM E. BARB, whose address is ,and MARGUERITE J. SCOTT, whose address is and hereinafter called "OWNER", and ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP, hereinafter called "DEVELOPER", whose address is 914 Elgin, Caldwell, Idaho 83605. 1 ~ RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Acla, State of Idaho, described in Exhibit A, which is attache~-i hereto and by this reference incorporated herein as if set forth iii full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and DEVELOPMENT AGREEMENT (AZ-00-008) - 1 ~ ~-. 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C-G) Neighborhood Business District (C-N~, Medium High Density Residential District (R-151 and Medium Density Residential District ~R-8~, (Meridian City Code); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning Sz Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning ~ Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1 J WHEREAS, City Council, the _ day of , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Developer" and "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acl~nowledges that this Agreement was entered into voluntarily and at its urging and requests; and DEVELOPMENT AGREEMENT (AZ-00-008) - 2 .~ ~ 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: .For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Zambezi Group, an Idaho General Partnership, whose address is 914 Elgin, Caldwell, Idaho 83605, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". DEVELOPMENT AGREEMENT (AZ-00-008) - 3 3.3 "OWNER": means and refers to Owner of the property as described in Exhibit "A", William IC. Curtis, whose address is 2630 East Franklin Road, Meridian, Idaho 83642, Miriam E. Barr, whose address is and Marguerite J. Scott, whose address is 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 IC. H. E and D which are herein specified as follows: C-G General Retail and Service Commercial: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. (C-N) Neighborhood Business District• The purpose of the C-N District is to permit the establishment of small scale convenience business uses which are intended to meet DEVELOPMENT AGREEMENT (AZ-00-008) - 4 r-. /1, the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems of the City, and shall not constitute all or any part of a strip development concept. (R-15) Medium High Density Residential District• The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. (R-8) Medium Density Residential District• The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. DEVELOPMENT AGREEMENT (AZ-00-008) - 5 /""~ ~'1 For the construction and development of a residential and commercial sacbdivision. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. DEVELOPMENT IN CONDITIONAL USE: "Developer"/"Owner" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning &. Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 6.1.1 Any existing irrigation drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 6.2.1 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT (AZ-00-008) - 6 ,~ ''1 6.3.1 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 6.4.1 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 6.5.1 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.6.1 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-13-4.C. and 12-5-2.M. 6.7.1 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 6.8.1 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I~). 6.9.1 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.10.1 The parcel is contiguous to the existing corporate city limits of the City of Meridian. 6.11.1 The C-G zone for Lot 1, Bloclc 2, immediately south of the R-8 block is not acceptable. The lot size (21,928 sq. ft.) and placement (single family residential along the full length of two sides of the lot) lends itself to more of a transitional use between general commercial and single DEVELOPMENT AGREEMENT (AZ-00-008) - 7 ~ ~ family uses. Alower-intensity zone of Neighborhood Commercial (C-N) for this lot, shall be required. 6.12.1 The majority of commercial uses that would serve the area neighborhoods (i.e. banks, Laundromats, day cares, service industries, etc.) are permitted either outright or with a Conditional Use Permit in both the C-N and C-G. But there are several uses permitted in the C-G that are prohibited in the C-N, including auto repair, service stations, hotels, truck stops, heavy equipment sales and auto sales lots. The down-zoned C-N is a more appropriate zone for this location. The development shall prohibit Convenience stores and Shopping Centers on this lot (which are permitted outright in the C-N zone in the Schedule of Use Control, Section 11-8-1 .B.). 6.13.1 The R-15 zoning has been approved for Lot 1, Bloclc 3 (apartment complex), any future development shall be submitted as a Planned Development per Ord. 11-4-7, which requires a PD for any lot containing more than one principal building. 6.14.1 The following sign conditions shall be required as follows: • The Applicant shall be permitted either one (1) free- standing sign per lot with a maximum of 72 sq. ft. per sign (including the sign base) for the lots with Fairview frontage and 50 sq. ft. per sign (including the sign base) for all other lots OR two (2) multi-tenant project signs for all lots/future tenants in the subdivision, each sign having a maximum area of 200 sq. ft. and a maximum height of 20 feet. • No sign along Fairview Avenue shall be within a clear vision sight triangle. • All signs along Fairview Avenue shall be evenly spaced to avoid any blanketing effect. DEVELOPMENT AGREEMENT (AZ-00-008) - 8 ,~ i"1 ~ All signage shall be coordinated to provide a consistent and uniform theme throughout the subdivision. 6.15.1 Hours of Operation: No details of hours of operation for the commercial lots are provided. All future commercial uses immediately adjacent to existing residential uses shall be limited to hours of operation which comply with the City's noise ordinance. 6.16.1 Lot 1 Block 1 shall be required to have a conditional use permit. 6.17.1 The Applicant shall be required to have a 35' landscape setback on Fairview. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the DEVELOPMENT AGREEMENT (AZ-00-008) - 9 ~, "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any DEVELOPMENT AGREEMENT (AZ-00-008) - 10 ~ ~ successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be DEVELOPMENT AGREEMENT (AZ-00-008) - 11 issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties andlor required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer Zambezi Group, an Idaho General City of Meridian Partnership 33 E. Idaho Ave. 914 Elgin Meridian, ID 83642 Caldwell, Idaho 83605 with copy to: OWNER: City Clerk William Curtis City of Meridian 2630 East Franklin Road 33 E. Idaho Ave. Meridian, Idaho 83642 Meridian, ID 83642 Miriam E. Barr Marguerite J. Scott DEVELOPMENT AGREEMENT (AZ-00-008) - 12 n 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" DEVELOPMENT AGREEMENT (AZ-00-008) - 13 and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerlc. DEVELOPMENT AGREEMENT (AZ-00-008) - 14 n ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP BY: Attest: BY RESOLUTION NO. OWNERS: William IC Curtis Miriam E. Barr Marguerite J. Scott DEVELOPMENT AGREEMENT (AZ-00-008) - 15 /"1 Attest: City Clerk BY RESOLUTION NO. CITY OF MERIDIAN Mayor Robert D. Corrie STATE OF IDAHO ) :ss COUNTY OF ADA 1 On this day of , in the year 2000, before me, a Notary Public, personally appeared and ,known or identified to me to be the and ------------------------- of Zambezi Group, an Idaho General Partnership, who executed the instrument on behalf of Zambezi Group, an Idaho General Partnership, and acknowledge to me having executed the same. (SEAL) Notary Public for Idaho Commission expires:- DEVELOPMENT AGREEMENT (AZ-00-008) - 16 STATE OF IDAHO County of Ada ) ss On this day of , in the year 2000, before me, a Notary Public, personally appeared William I<. Curtis, known or identified to me to be the person who executed the instrument and acknowledged to me that they executed the same. (SEAL) Notary Public for Idaho Commission expires:- STATE OF IDAHO ) County of Ada ) ss On this day of , in the year 2000, before me, a Notary Public, personally appeared Miriam E. Barr, known or identified to me to be the person who executed the instrument and acknowledged to me that they executed the same. (SEAL) Notary Public for Idaho Commission expires:- DEVELOPMENT AGREEMENT (AZ-00-008) - 17 STATE OF IDAHO ) ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Marguerite J. Scott, known or identified to me to be the person who executed the instrument and acknowledged to me that they executed the same. (SEAL) Notary Public for Idaho Commission expires:- STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ~S~) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT (AZ-00-008) - 18 /"1 EXHIBIT A Legal Description Of Property (See attached legals, consisting of three pages) DEVELOPMENT AGREEMENT (AZ-00-008) - 19 William Kendall Curtis, Miriam )'ulizabeth Barr and IVlarQuerite Jane Scott Property Block 1 and Block 2 Teare Terrace - (teal Praneriv proposed for zonin<T change to ~-G~C ~// Fieginning at a point, which is the southeast corner of Section 6, Township 3N, Range 1 E, thence bearing N89°28'06"W along south section line a distance of 2641,02 Ieet to a monument at the south 1/4 corner of'said section which is the point of beginning at the subject property southwest earner; tI~ence NU°20'01 "L a distance of 693.44 feet; thence S89°39'59"E a distance of 666.36 feet; thence SO°23'27"W a distance of 165.19 feet; thence S89°US'2?"~ a distance ofi4U3.73 feet; thence SU° i I'U7"VV a distance of 463.25 feet; the,-nee S78°45'39"W a distance of 7.22 feet; thence SO°23'20"W a dis~lanc~ of 50 feet;- thence S89°;3'14"W a distance of 1064.15 feet to the point of beginning, with property area of 15.4 3 acres. William Kendall (:urtis. Miriam ~liiabeth Barr and M:~r ucrite .lane Scott Pro erty Block ~ Tesre'!'errace -Real Property prouosed for 2otiin<Lchanve try R-1 Be~~inning at a point, which is the southeast corner of Section 6, Township 3N, Range 'f E, thence bearing N89°28'U6"W along south section fine a distance of 264}.02 feet to a monument at the south 1 /4 corner of said sectior~ thence bearing NO°2U'O 1 "1, a distance of b98.44 feet to the point of beginning at the subject property southwest corner; thenc:. NO°20'0 ("E a distance of 602.70 feet; thence S89°53'08"L a distance of 666.99 feet; thence SO°23'27"W a distance of 138.69 feet; thence N89°,9'59"W a distance of 58.82 feel; thence 157.08 feet along the arc of a 100 foot radius circular curve to the left, chord bearing S45°20'01 "W 141.42 feet; thence bearing SO°20'01 "W a distance of 366.56 feet; thence hearing N89°:39'59"W a distance of 508.00 feet to the point of be~~inning; with property area of 7.59 acres. oC~ ~"~ William Kendall C;urtiy. Miriam Elizabeth Barr and Marguerite Jane Scott Pruoerty Block 4 'r'eare Terrace -Real Proneriv oronosed for zoning chan~~e to R-8 Beginning at a point, which is the southeast comer of Section 6, Township 3N, Range 1 E, thence bearing N89°28'U6"W along south section line a distance of 1S77.U3; thence bearing NO°23'2U"E a distance of 18.50 feet, to a point which is on the Fairview Avenue centerline; thence .NO°2;'20"1r a distance of 50.00 feet; thence S78°45'39"W a distance of 7?2 feet thence SO° 11'07"W a distance of 463.25 feet; thence S89°05'22"E a distance of 403.73 feet; thence NO°2;'27"E a distance of 165.19 feet to the point of beginning at the subject property southeast corner, thence N89°39`59"W a distance of 158.36 feet; thence NO°2U'U1 "E a distance oi'366.56 feet; thence 157.08 feet along the arc of a 100 foot radius circular curvy to the ri~r t, chord hearing N45°2U'OI "F. 141.42 feet; thence bearing S89°39'59".F a distance of 58.$2 feet; thence bearing SO°23`27"W a distance of 466.56 feet to the point of beginning, with property area of 1.65 acres. 3 ~-., EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A~Froval Z:\Work\M\Meridian 15360M\Teare Terrace A ency AZ\DevelopAgrZAMBEZI DEVELOPMENT AGREEMENT (AZ-00-008) - 20 ~"'~, ~~'1 FILE COPY BEFORE THE MERIDIAN CITY COUNCIL 06-22-00 IN THE MATTER OF THE APPLICATION OF ZAMBEZI GROUP, THE APPLICATION FOR ANNEXATION AND ZONING OF 24.89 ACRES FOR PROPOSED TEA.RE TERRACE, SUBDIVISION LOCATED AT THE SOUTHEAST 1/4, SOUTHWEST 1/4, SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO Case No. AZ-00-008 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 June 6, 2000, and continued until June 20, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Gerald Martin, 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 ZONING/BY ZAMBEZI GROUP TEA.RE TERRACE / (AZ-00-008) ,i'~ i'°1 zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for June 6, 2000, and continued until June 20, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 6, 2000, and continued until June 20, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARS TERRACE / (AZ-00-008 ) ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 24.89 acres in size and is located on the north side of Fairview Ave., west of Locust Grove Road. The property is designated as Teare Terrace Subdivision. 5. The owner of record of the subject property is William Curtis, of Meridian, Idaho. 6. Applicant is Zambezi Group, of Caldwell, Idaho. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant land. 8. The Applicant requests the property be zoned as CG, R-15 and R-8. 9. The subject property is bordered to the north by R-8 zoning, to the south C-G zoning, to the east and west R-8 and C-G zoning and city limits of the City of Meridian are adjacent and abut to all sides of the subject property. 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 the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARS TERRACE / (AZ-00-008) ,!`\ ~"\. 12. The Applicant proposes to develop the subject property in the following manner: residential and commercial subdivision. 13. The Applicant requests zoning of the subject real property as CG, R-15 and R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. 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 Departments as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY ZAMBEZI GROUP TEARS TERRACE / (AZ-00-008) /'1, 15.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 15.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 15.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 15.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-13-4.C. and 12-5-2.M. 15.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 15.8 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I<). 15.9. All construction shall conform to the requirements of the Americans with Disabilities Act. 15.10 The four (4) legal descriptions submitted with the application meet the requirements of the City of Meridian and State Tax Commission. The parcel is contiguous to the existing corporate city limits of the City of Meridian. 15.11 The C-G zone for Lot 1, Block 2, immediately south of the R-8 block is not acceptable. The lot size (21,928 sq. ft.) and placement (single family residential along the full length of two sides of the lot) lends itself to more of a transitional use between general commercial and single family uses. Alower-intensity zone of Neighborhood Commercial (C-N) for this lot, shall be required. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-00-008 ) /'1. 15.12 The majority of commercial uses that would serve the area neighborhoods (i.e. banks, laundromats, day cares, service industries, etc.) are permitted either outright or with a Conditional Use Permit in both the C-N and C-G. But there are several uses permitted in the C-G that are prohibited in the C-N, including auto repair, service stations, hotels, truck stops, heavy equipment sales and auto sales lots. The down-zoned C-N is a more appropriate zone for this location. The Development Agreement shall prohibit Convenience stores and Shopping Centers on this lot (which are permitted outright in the C-N zone in the Schedule of Use Control, Section 11-8-1 .B.). 15.13 The R-15 zoning has been approved for Lot 1, Block 3 (apartment complex), any future development shall be submitted as a Planned Development per Ord. 11-4-7, which requires a PD for any lot containing more than one principal building. This shall become a condition of the Development Agreement. 15.14 The following sign conditions shall be attached to this property in the Development Agreement: • The Applicant shall be permitted either one (1) free-standing sign per lot with a maximum of 72 sq. ft. per sign (including the sign base) far the lots with Fairview frontage and 50 sq. ft. per sign (including the sign base) for all other lots OR two (2) multi- tenant project signs for all lots/future tenants in the subdivision, each sign having a maximum area of 200 sq. ft. and a maximum height of 20 feet. • No sign along Fairview Avenue shall be within a clear vision sight triangle. • All signs along Fairview Avenue shall be evenly spaced to avoid any blanketing effect. • All signage shall be coordinated to provide a consistent and uniform theme throughout the subdivision. 15.15 Hours of Operation: No details of hours of operation for the commercial lots are provided. All future commercial uses immediately adjacent to FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY ZAMBEZI GROUP TEARE TERRACE / (AZ-00-008) -'.~', existing residential uses shall be limited to hours of operation which comply with the City's noise ordinance. 15.16 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation The Planning and Zoning Commission further recommend: 15.17 Lot 1 Block 1 shall be required to have a conditional use permit. The City Council added the following recommendation at their June 20, 2000, meeting as follows: 15.18 The Applicant shall be required to have a 35' landscape setback on Fairview. 16. 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. 15, 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. 17. It is also found that the development considerations as referenced in Finding No. 15 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARS TERRACE / (AZ-00-008 ) ~"~ ~. neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as General Retail and Service Commercial District (C-G), Neighborhood Business District, (C-N), Medium High Density Residential District (R-15) and Medium Density Residential District (R-8), requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 19. 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: 19.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- . quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 19.2 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. 19.3 The application is consistent with Meridian's self identity. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY ZAMBEZI GROUP TEARS TERRACE / (AZ-00-008) 19.E The preservation and improvement of the character and quality of ivleridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 19.5 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. 19.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 20. The property can be physically serviced with City water and sewer, if applicant extends the lines. 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. FINDINGS' OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY ZAMBEZI GROUP TEARS TERRACE / (AZ-00-008) ~'^~ 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TFARF TERRACE / (AZ-00-008) ~ ~ Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The subject property is located in an area designated as Existing Urban in the Meridian Comprehensive Plan. The goals and policies listed below most directly apply to the proposed project: Goals Section Goal 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. Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. FINDINGS: OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEA.RE TERRACE / (AZ-00-008) /"t, Economic Development Chapter 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages... commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of ne~v commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. Land Use Chapter 1.4U -Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and lower-density development in outlying areas. 1.8U -Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2.1 U - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.3U -Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 4.8U - Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Transportation Chapter 1.4U -Monitor and coordinate the compatibility of the land use and transportation system. 1.20U -Encourage proper design of residential neighborhoods to ensure their safety and tranquility. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-00-008) .%`t i'1 Open SRace Parks and Recreation 2.5U -New subdivision development. .will be considered as opportunities to. . .encourage the development of recreational open spaces and parks as part of new planned developments. 3.1 - To establish a network of open space corridors that are either improved (landscaped), semi-improved (landscaped pathway only), or unimproved (left natural), which have the potential to: a) Play a major role in conserving area scenic and natural values, especially waterways, drainage ways, and natural habitat; b) Linlc residential neighborhoods, park areas and recreation facilities. 3.4U - Through subdivision review, annexation, and zoning, emphasize the establishment of connecting trails and open space networks. Housing Chapter 1.1 The City of Meridian intends to provide for a wide diversity of housing types. . .in a variety of locations suitable for residential development. 1.4 -The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.6 -Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide atie-in between new residential areas and service needs. 1.12 -Land development regulations should be revised to encourage the infilling of existing vacant parcels within the city limits. 1.13U - Infilling of random vacant lots in substantially developed, single-family areas should be considered at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: a. .The cost of such a parcel of land precludes development at surrounding densities; b. Development of uses other than single-family structures are compatible with surrounding development; c. It complies with the updated Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECTSION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-00-008) 1.19 -High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Communit, Design Chapter 5.2 -Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U -Establish land-use designations that reflect the character of existing neighborhoods. 6.11 U -Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. 5. The requested zonings of General Retail and Service Commercial District (C-G), Neighborhood Business District, (C-N), Medium High Density Residential District (R-15) and Medium Density Residential District (R-8) are defined in the Zoning Ordinance at §§ 11-7-2 K, 11-7-2 H, 11-7-2 E and 11-2-7 D as follows: (C-G) General Retail and Service Commercial District• The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. (C-N) Neighborhood Business District• The purpose of the C-N District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY ZAMBEZI GROUP TEARS TERRACE / (AZ-00-008) i'~ ~"` . residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer svstems of the City, and shall not constitute all or any part of a strip development concept. (R-15) Medium High Density Residential District: The purpose of the R- 15 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional .use permit is required for Applicant to construct and develop residential and commercial subdivision on this parcel of land. 7. :Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 6b5 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TF,ARF. TERRACE / (AZ-00-008) ~. 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 Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcei. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. .The applicant's request for annexation and zoning of approximately FINDINGS: OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARS TERRACE / (AZ-00-008) /'~ 24.89 acres. to General Retail and Service Commercial District (C-G), Neighborhood Business District, (C-N), Medium High Density Residential District (R-15) and Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 24.89 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 pro~~ides 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: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Off-street parking shall be provided in accordance with City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARS TERRACE / (AZ-00-008 ) ~ ~ Zoning and Development Ordinance (Ord. 11-13). 3.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 3.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-13-4.C. and 12-5-2.M. 3.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and. Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 3.8 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I<). 3.9 All construction shall conform to the requirements of tl;e Americans with Disabilities Act. 3.10 The four (4) legal descriptions submitted with the application meet the requirements of the City of Meridian and State Tax Commission. The parcel is contiguous to the existing corporate city limits of the City of Meridian. 3.11. The C-G zone for Lot 1, Block 2, immediately south of the R-8 block is not acceptable. The lot size (21,928 sq. ft.) and placement (single family residential along the full length of two sides of the lot) lends itself to more of a transitional use between general commercial and single family uses. Alower-intensity zone of Neighborhood Commercial (C-N) for this lot, shall be required. 3.12: The majority of commercial uses that would serve the area FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TF.ARF. TERRACE / (AZ-00-008) /'~ '~ neighborhoods (i.e. banks, laundromats, day cares, service industries, etc.) are permitted either outright or with a Conditional Use Permit in both the C-N and C-G. But there are several uses permitted in the C-G that are prohibited in the C-N, including auto repair, service stations, hotels, truck stops, heavy equipment sales and auto sales lots. The down- zoned C-N is a more appropriate zone for this location. The Development Agreement shall prohibit Convenience stores and Shopping Centers on this lot (which are permitted outright in the C-N zone in the Schedule of Use Control, Section 11-8-1 .B.). 3.13 The R-15 zoning has been approved for Lot 1, Block 3 (apartment complex), any future development shall be submitted as a Planned Development per Ord. 11-4-%, which requires a PD for any lot containing more than one principal building. This shall become a condition of the Development Agreement. 3.14 The following sign conditions shall be attached to this property in the Development Agreement: • The Applicant shall be permitted either one (1) free-standing sign per lot ti~~ith a maximum. of r 2 sq. ft. per sign (including the sign rase) for ti~:e ia;.s with Fain~eYv fro.ltageand 5~ sq. ft. per sign (including the sign base) for all other lots OR two (2) multi- tenant project signs for all lots/future tenants in the subdivision, each sign having a maximum area of 200 sq. ft. and a maximum height of 20 feet. • No sign along Fairview Avenue shall be within a clear vision sight triangle. • All signs along Fairview Avenue shall be evenly spaced to avoid any blanketing effect. • All signage shall be coordinated to provide a consistent and uniform theme throughout the subdivision. 3.15 Hours of Operation: No details of hours of operation for the commercial lots are provided. kill future comn~erc.ial uses immediately adjacent to existing residential uses shall be limited to hours of operation which FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARS TERRACE / (AZ-00-008) f", ~ comply with the City's noise ordinance. 3.16 Applicant shall be require' .*_o enter into a Deve'.o~znent ~.~reement «~th the City as a condition or annexa~ioi~ 3.17 Lot 1 Block 1 shall be required to have a conditional use permit. 3.18 The Applicant shall be required to have a 35' landscape setback on Fairview. 4. The City Attorney shall prepare far consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to General Retail and Service Commercial District (C-G), Neighborhood Business District, (C-N), Medium High Density Residential District (R-15) and Medium Density Residential District (R-8), Meridian City Code §§ 11-7-2 IC, 11-7-2 H, 11-7-2 E and 11-2-7 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP TEARE TERRACE / (AZ-00-008) ~. '',, 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 ~2, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ ~~ day of ~~-~~- , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED ~- COUNCILMAN KEITH BIRD VOTED ' COUNCILMAN TAMMY deWEERD VOTED_~~v`.- COUNCILMAN CHERIE vlcCAi~1DLESS VOTED_Z~~-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 7-.~ O (~ MOTION: APPROVED: ~ - .-.Sy~DISAPPROVED: 7 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By' ~L~-~--= Dated City Clerk ~.-,~-~~ msg/Z:\Work\N1\Meridian 15360M\Teare Terrace Agency AZ\AZFfCIsOrder.wpd \~~i~nt-~tFtt~r~~~~~ ~~` G`.~Gpf~PaRgTFOtiy '~~: _ ~.~~L = ~' 'y 9G~C J T 't • ~~o`~ \`~ yi o ~S ~ ~~ a,~~~'y C~~l~Y ' `9P````~~ ,~~'~Jrn: a ;~a~~~e~~~~~. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY ZAMBEZI GROUP TF"ARF, TERRACE / (AZ-00-008) -^, CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS TEARS TERRACE LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G), NEIGHBORHOOD BUSINESS DISTRICT (C-N), MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (R-15), AND MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: Parcel 1 (Block 1 and Block 2 Teare Terrace -Real Property for C-G/C-N) Beginning at a point, which is the southeast corner of Section 6, Township 3N, Range 1E, thence bearing N89°28'06" W along south section line a distance of 2641.02 feet to a monument at the south 1/4 corner of said section which is the point of beginning at the subject property southwest corner; thence NO°20'01" E a distance of 698.44 feet; ANNEXATION AND ZONING ORDINANCE (AZ-00-008)- 1 ~'-~ ~ thence S89°39'59" E a distance of 666.36 feet; thence SO°23'27" W a distance of 165.19 feet; thence S89°05'22" E a distance of 403.73 feet; thence SO°11'07" W a distance of 463.25 feet; thence S78°45'39" W a distance of 7.22 feet; thence SO°23'20" W a distance of 50 feet; thence S89°33'14" W a distance of 1064.15 feet to the point of beginning, with property area of 15.43 acres. Parcel II (Block 3 Teare Terrace -Real property for R-15 ) Beginning at a point, which is the southeast corner of Section 6, Township 3N, Range lE, thence bearing N89°28'06" W along south section line a distance of 2641.02 feet to a monument at the south 1/4 corner of said section, thence bearing NO°20'01" E a distance of 698.44 feet to the point of beginning at the subject property southwest corner; thence NO°20'01" E a distance of 602.70 feet; thence S89°53'08" E a distance of 666.99 feet; thence SO°23'27" W a distance of 138.69 feet; thence N89°39'59" W a distance of 58.82 feet; thence 157.08 feet along the arc of a 100 foot radius circular curve to the left, chord bearing S45°20'01" W 141.42 feet; thence bearing SO°20'01" W a distance of 366.56 feet; thence bearing N89°39'59" W a distance of 508.00 feet to the point of beginning; with property area of 7.59 acres. Parcel III - (Block 4 Teare Terrace -Real property for R-8) Beginning at a point, which is the southeast corner of Section 6, Township 3N, Range lE, thence bearing N89°28'06" W along south section line a distance of 1577.03; thence bearing NO°23'20" E a distance of 18.50 feet, to a point which is on the Fairview Avenue centerline; thence NO°23'20" E a distance of 50.00 feet; thence S78°45'39" W a distance of 7.22 feet; thence SO°11'07" W a distance of 463.25 feet; thence S89°05'22" E a distance of 403.73 feet; thence NO°23'27" E a distance of 165.19 feet to the point of beginning at the subject property southeast corner; thence N89°39'59" W a distance of 158.36 feet; thence NO°20'01" E a distance of 366.56 feet; ANNEXATION AND ZONING ORDINANCE (AZ-00-008)- 2 r--~ thence 157.08 feet along the arc of a 100 foot radius circular curve to the right, chord bearing N45°20'01" E 141.42 feet; thence bearing S89°39'59" E a distance of 58.82 feet; thence bearing SO°23'27" W a distance of 466.56 feet to the point of beginning, with property area of 1.65 acres. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C- G), Neighborhood Business District (C-N), Medium High Density Residential District (R-15), and Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of 2000. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerlc of the City of Meridian shall, within ten (10) days ANNEXATION AND ZONING ORDINANCE (AZ-00-008)- 3 following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. MAYOR ATTEST: CITY CLERK STATE OF IDAHO,) ss. County of Ada ) On this day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES:- Z:\Work\M\Meridian 15360M\Teare Terrace Agency AZ\AZ.ORD ANNEXATION AND ZONING ORDINANCE (AZ-00-008)- 4 ~'y 13AHL3WY 1d 15A H13Wtl 3 6 Otl AYM OHOla3f ld AW WY1 Z 5 NoLwae .95'99b 3nv 3aY31 m M..LZ,EZo00S S ~ ~ ~ 3AY WAl 3N ~ y M ~ (~ r Ol 3N > ~ o W .95 99E Z ~ 3.LO.OZo00N J ~ N J M ~ W 00 U ~~ ~ aa~n N ~ Q l__r__I_i __rd saY, N ~ a ~ CV (~ ~ s W ~ J r W 'o Q O N U `~ o v Z Nl 31Ntlf 0 _~ 0 Q O >~ Yavaave W U Q o n LYNN ~_ ~ 0 ~ W 3AV YlS1A VN3f18 N ~ U U P AV tl3LlM30V'RJ N c~~ 0 3Atl SIa3 aIN ~ w Z 0 N J W ~ U O W ~ Q °o "~ m a ~ ~ F m fno L W ~ ~ W za UQ ~ ~°Z ~ O ~ ~ O o e Q~ 0 Z W O ~ ~ W >- WW ~ °~ ~ W ~ U O~ Q N Z ° ~ ~ ~ o . <; ~ AYM 30 N3H3NO15N J Ls oae 3 ,~ 3NN ~OlNO ~W H~1 I u AVM OHOItl3f anvl\UI , 3N J ° 'Y I 13 as 3notl° is nool~N~ e I r 0 J 3 W ~~ 3 U Q W z Q ov o a. ~ o Zw M ~No wU f- w za U~ ~ ~p° Z~ O Z Oa3 ZW Q ~ U W ~ww f- ° ~ ~ W cn o U N ~ y O N y o Q w r N L r J W Q U Q N D AVM 30 N3H3NO1S N3`J N3H3NO1S N N Ct° fh O N O O ~ O an ~ 3°v u Iw OHOItl3f SZ £94 .L0,6 6o00S ld AIY WVl W g ~ N ~ ° 00 O 3nv 3av31 ~ ~ ~ ,6159 6 in W °~ O O ~ ~ ~ J ~ M ~ W ~ O ~ (n Q a ,44"869 LLO z 3.,10.OZo00N F- Z / II o Nl 31NVf VtlVBtlVB LYNN z~ am 3 h 3 V NIO NVS N 15 Otlc 3 N ^., .-. a AtlM ONOla3f Ot 3N w vHanN ieNarlN ~ CV W ~ J ~ ~ O N U t~ O ~_ 0 Q 0 W Z ~ Q O H r ~_ ~ D ~ \W r ~ U U nv aalv~,laovio N u 3nv ONOdOOOMN 0 as dnoao lsnaoi J W U 0! w Q o ~d ~ ~Fm ZW ~ Arno WU F- W za U co ~ ° °- VJ3 ~ Z~~yy Z ~ ~Q O Q l.l.. ~ O U P Z W ~ ~" lyj K W W (n U N ~ ~ ~ Q Z o IOM ~ U N ~ AtlM 3ON3H3NO15 N iovu Huau 3du as ? Id AWWV1 ~ fV '" ~ OD i 5 M aO ~~ a Z 3nv aar3l .9S'99E M., LOtOZo00S U o~ ~ ~ W co U ~ O to ao a w LL (D Q M ~ =° <~ a of to Z IOL~Z09 ~N LO,OZo00N Z ao vaveave o Z Z a ~ Nl Om 31NVf 3N vaveave LYNN 3ntl Sltl3aIN ~ 1S OaE 3 JUIy 28, 2000 AZ 00-008 MERIDIAN CITY COUNCIL MEETING JUIy 5, 2000 APPLICANT Zambezi Group ITEM NO. D REQUEST Findings - AZ of 23.6 acres for proposed residential and commercial zones from AP (County) to C-G, C-N, R-15 and R-8 for proposed Teare Terrace - SE 1 /4 SW 1 /4 Sec 6 T3N Rl E AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS See attached Findings ADA COUNTY HIGHWAY DISTRICT: '~~ ~ ~~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: (~Lr~ f (l ~`~~(~ r Date: ~~~7~ Phone: ~ ~~ ~-~ J ~'~ Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON WM. F GIORAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 'ALSO ADMITTED IN OR •'ALSO ADMITTED IN WA Email via Internet @ wfg@wppmg.wm June 26, 2000 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED JUN 2 7 2000 CITY OF MERIDIAN CITY CLERK OFFICE Re: ZAMBEZI GROUP, AN IDAHO GENERAL PARTNERSHIP- DEVELOPER /ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENTS, RESOLUTIONS AND CERTIFICATES OF CLERK CASE NO. AZ-00-008 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING prepared as per instructions from the Council meeting of June 20, 2000, and which are on the agenda for July 5, 2000. I have also attached the originals of the Resolution and Certificate of the Cleric for the Development Agreement for all four owners. I have also attached hereto the four Development Agreements for the above matter. After the Council meeting of July 5, 2000, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the four Development Agreements as Exhibit "B". Additionally, the information on the addresses for Miriam E. Barr and Marguerite J. Scott will need to be inserted into the Development Agreement. June 26, 2000 Page 2 After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners for signatures. Enclsoures msg/Z:\Worlc\M\Meridian 15360M\Teare Terrace Agency AZ\FFCL and DevAgtCllc.ltr June 15, 2000 AZ 00-008 MERIDIAN CITY COUNCIL MEETING June 20, 2000 APPLICANT Zambezi Group ITEM NO. 7 REQUEST Continued public hearing from June 6, 2000 -Annexation and zoning of 23.b acres for proposed residential and commercial zones from AP to C-G, C-N, R-15 and R-8 for proposed Teare Terrace -SE 1 /4, SW 1 /4, Section 6, T3N, R1 E AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See Previous Item Packet t~~~ R ~~~ .4~ ~N w~ry~ Materials presented at public meetings shall become property of the City of Meridian. c~ ~~' 3~-~~~o r COURTESY NOTICE OF CONTINUED PUBLIC HEARING This is a courtesy notice that the City Council of the City of Meridian will continue this public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on June 20, 2000, for the application of the Zambezi Group for annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County) to C-G, C-N, R-15 and R-8 for proposed Teare Terrace; Furthermore, the applicant requests preliminary plat approval of 24.98 acres with 5 lots in an R-8 zone; 1 lot in an R-15 zone; and 7 lots in a C-G zone for proposed Teare Terrace generally located at the southeast quarter of the southwest quarter, Section 6, T3N, R1 E. 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 8t"day of June, 2000 J! a "' ~` _,~> ~~ .~ WILLIAM G. BERG, JR. CI CLERK •~ X ~. $~~ J`~'#i ~~~`. ~lfjfr~t,8t~iit;~~ FCIX City of Meridian City Clerk's Office Phone: 208-888-4433 Fax: 208-888-4218 ro: Linda From: Shelby Dillon, Bosch, Daw & Bock Fax: 344-9140 Pages: 14 Phone: date: O6/O6/00 Re: Teare Terrace cc: ^ Urgent O For Review ^ Please Comment ^ Please Reply ^ Please Recycle Linda, As requested, here are the staff comments (recommendations from Planning and Zoning Commission) regarding the Teare Terrace applications. Please let me know if there's anything else I can do for you. Shelby ** TX CONFIRt ]N REPORT ** AS OF JUN 06 09 29 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 02 06/06 09 24 2083449140 MODE MIN/SEC PGS CMDtt STATUS EC--S 04'32" 012 200 OK City of Meridian City Clerk's Office Phone: 208-888-4433 Fax: 208-888-4218 FGX To: Linda From: Shelby Dilbn, Bosch, Daw 8< Bock Fax: 344-9740 Pages: 14 Phone: Date: 06/06/00 Re: Teare Terrace cc: ^ Urgent ^ For Review ^ Please Comment ^ Please Repy C] Please Recyde Linda, As requested, here ore the staff comments (recommendations from Planning and Zoning Commission) regarding the Teare Terrace applications. Please let me know if there's anything else I can do for you. Shelby z U 0 G a D D (O r ~ `° °-' a o .1 U1 .1 A 1 W 1 N 1 ~~ W N v ~ ~ A W I N/~.-+ ~ ~, D Z d ~~ a m °'~ ~ o- v n. ~ m n~ ~ "y G ~o ~ ,~ ~ . n s~' ~ ~ ~ ~ ~~.. ......~ ~ ~ ~ ~ V V Q w ~~yy ` c~D O ~ m ~ - n _ n -_ c ~. 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V7 ~t ~ 41 ~ ~ 4 ~ ~ c>> ~m Q N ~ x O C (O ~ a ~ N N a ~ m N ^^O^ "six [`~ ~ ^ n 31 m _ m m -- _ yc ~3 m a ~ ~ n ~ `D ~ 3 ~ m m - -o D 7 c O `0 ~~' ~ o `A m ~ ~- C N N ~ w ''^ Q m (D a I Q ~~ (7 ~. ^^ ~ ~ N oa ~ ~~ o c y N ~ ~ C a ~ Q ~ ~o m ~ a m ~ mC) ~ ~ O D y~: y~ . ~ O ~ x N ~ n - ~ "~' N Q ~: ~ a~3 m~ _ ~Oo ~m~ m ~ ~ y m a ~ T ~ d ~ ~ m y ~c m ~ ~.Q Oco °- m O -. m ~ y m w r"1 June 2, 2000 AZ 00-008 MERIDIAN CITY COUNCIL MEETING June 6, 2000 APPLICANT Zambezi Group ITEM NO. REQUEST Annexation and zoning of 23.6 acres for proposed residential and commercial zones from AP (County) to C-G, C-N, R-15 and R-8 for proposed Teare Terrace - SE 1 /4, SW 1 /4, Section 6, T3N, R 1 E AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached PZ minutes See attached recommendations fi~ ~~~ ~~~~~ C ~"' ~£o~Y~'~ T~~ Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning and ,'^°,ing Commission ~-- May 9, 2000 Page 25 Barbeiro: And in our- Borup: I remember or thinking that we said that freeway business would be appropriate for signs. Barbeiro: When I voted in 1999 my vote was primarily based on that which was as we discovered, does not exist. In discussion with the neighbors who did testify, all but one said that it was the canopy lights over the gas pumps that produces more light than would a 77 foot pylon sign. With that I would prefer to change my vote from June 1999 with that bit of additional information and would vote for approval of the 77 foot pylon sign. Borup: Any other comment. My vote on that was I was in favor of the pylon sign but not the one on Eagle Road. I would rather see a monument sign on Eagle Road. Commissioner Hatcher, you had a comment. Hatcher: The two comments the reason why I feel that this modification should be denied is basically on two conditions. The first one is anyone driving on that freeway knowing where the sign is going to be-the time you've see the sign you have all ready passed the off ramp. The applicants argument for the sign was to increase his business off of the freeway. Well, Joe and Betty from Seattle on their way to Salt Lake aren't going to see the sign until after they pass the off ramp so he is not going to get their business so what's the sign there for? The only thing it is going to do is let us as local residents know that there is a Chevron there. We should not be driving if we don't all ready know it's there. Quite frankly, the issue is if I had some sort of engine that I could use, I would get rid of that Texaco sign. That was a mistake that we don't need to repeat. Borup: Any other discussion. We ready for a vote. All in favor. MOTION CARRIED: 2 AYES, 1 NAY Borup: Commissioner Brown has rejoined us for the remainder of the evening. 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 23.6 ACRES TO C-G, R-15 AND R-8 FOR PROPOSED RESIDENTIAL AND COMMERCIAL TEARE TERRACE BY ZAMBEZI GROUP-FAIRVIEW AVENUE: Borup: Brad, do we have a staff report. Hawkins Clark: Yes Commission. I will address both the annexation application and the preliminary plat application. For orientation quickly, this property on the north side of Fairview located between Locust Grove and Meridian Road. Currently a vacant parcel. We would deem an in fill. It is bounded on the north by Meridian Place Meridian Planning and 'wing Commission ^- May 9, 2000 Page 26 Subdivision and Willow Subdivision. There are nine single family lots that abut the boundary of this site there. Rountree Auto dealer and Ultra Touch car wash are immediately across from the site. The two largest commercial uses. Fairview Terrance Mobil Estates located here. This is an existing ag vacant also an in fill parcel here to the northwest. They are requesting 3 different zones. Jackson Drain does course the property. This is the stub street coming down from the north. I believe it is Teare Street stub. The annexation and zoning application is requesting 3 different zones. They are requesting an R-15 zone for block 3, lot 1 here. They are requesting an R-8 for five residential lots here. The request is for a C-G zone on this lot as well as the remainder of the commercial lots. Fairview Avenue again down here with the principle Victoria Street entrance here. We ask that you incorporate our staff comments dated May 5. To point out a couple main issues that we are asking for-a down zone on this lot from C-G to C-N, much for the same reasons Resolution Business Park since it does have residential immediately adjacent on the east and to the north and to the future apartment complex or whatever they propose for the R-15. ACRD has responded. They are proposing a jog in Victoria Street that would about this point come in and jog down. They are asking for a movement for about 60 feet to the west of this principle entrance to align more with the private road across the street. I will leave it at that and available for any questions. Borup: Any question. Is the applicant here? Martin: My name is Gerald Martin. I am here this evening representing the applicant. A representative of the developer, Mr. Leroy Atwood is present as is the engineer, Carl Geiger. I am with EHM Engineers and we have prepared the plat. Quickly, moving on the issues that were addressed by staff concerning the down zone of lot 1 and lot 2 I believe from CG to CN, we would concur in that recommendation. Secondly the staff comment regarding relocation of Victory Street's access onto Fairview, we have met with ACRD and will work with them and concur in the adjustment of the alignment to meet that requirement. A couple other comments concerning staff report that I either would like some clarification on or resolution on. First of all, there is a little conflict concerning Jackson Drain. One place in the report it addresses piping the ditches and another place its recommended it be left open for wild life habitat. The second one concerns irrigation. It is the intent of the developer to use surface water rights, not city water for irrigation of the common area that would exist when both the residential apartment portion of the project and multi family portion and the landscaping in the commercial. There is a recommendation that landscaping be utilized wherever commercial comes in contact in direct with residential both existing and proposed. We would like the opportunity to be able to substitute a landscaping feature such as wall or screening devices where more appropriate. I think they are more appropriate in some areas where light or sound may be more of an impact on the adjacent residential areas. We do not disagree with the 20 foot landscaping requirements in those areas appropriate. In some areas we think a landscaping wall screening may be more appropriate especially in the areas of the rear of the commercial development. A 20 foot landscaping strip does very little in terms of providing protection in terms of light Meridian Planning and ?"~-ing Commission -- May 9, 2000 Page 27 and noise and traffic and security. A wall might be more appropriate or a wall with a reduced landscaping strip. With that I'll be glad to answer questions. Borup: Any questions. Brown: Specifically, which ones did you have a problem with. Which lot. Martin: North boundary of lot 2 block 2 primarily. It will have its back toward that residential area. It would have its service area, its loading docks and I would think along that line a landscaping screening wall might be more appropriate. The other location where a similar situation might occur might be along the north boundary of lot 1 block 1, which is really a line between two properties owned by the developer. We don't disagree that there should be landscaping separation, but it would better be located on lot 1 of block 3 with a wall on the property line. That would be on the back side of a commercial facility. Brown: Taking Mr. Martins comments, how do you feel about those-the landscaping. Hawkins Clark: Commissioner Brown this was quite a key issue in the Meridian Crossroads Subdivision no complex with the Shopko. There was a lot of testimony about the block walls of a commercial building and a block wall between the boundary, particularly when you have fairly narrow area. You can all most magnify a sound as compared to dissipate a sound. Some of that is design issues that could be looked at. I don't think the ordinance was intended to preclude a wall in the 20 foot planting strip if that is the developers choice. Brown: What about the drain. He made a comment about leaving the drain open. Hawkins Clark: Yes, sorry for that oversight in our report. It is ordinance to pipe and it would require a variance to not pipe it. We would support or P&Z would support it. Might have some disagreement between our two departments here. Freckleton: Maybe just a personal opinion. If it is a apartment complex with several children, I think it would be an attractive nuisance as well. I think you have to weigh both sides. Martin: That drain, if you have not been out to look at it, it is very deep. It is as much as 12 foot deep. It is a potential hazard and a concern to the development. Some piping or protection to that is appropriate. Our preference is to pipe it, yes. Barbeiro: What is the proposed zoning for lot 1 in block 2. Martin: The request was for CG but we would concur with staff recommendation to reduce that recommendation to a CN zone. Meridian Planning and ,'"''ling Commission -- May 9, 2000 Page 28 Barbeiro: Then you would build single family homes in block 4 and perhaps apartment complexes in block three. Martin: We would conform to the building is allowed within the R-8 and R-15 zoning. That is correct. Borup: This is a public hearing. I'd like to invite anyone from the public to come forward. Sigmiller: My name is Lee Sigmiller. 512 E. Whitehall Street. There are specific blocks that have been designed for use and absorption of sound and sound retaining walls and before you give up the idea of a sound block wall, you should investigate these. They are more effective than the standard blocks. Ewing: Galinda Ewing I live at 983 Tammy. I was curious if they are going to open Teare when it comes around or is that going to be a wall. I am very interested in what they are going to do with that wall in there and what they are going to place in this block 2 of lot 2. What kind of commercial is lined up. Brown: Do you have a preference. Do you want the street open. Ewing: No. I do not want it open. 1 like it the way it is. Borup: That is a good question and we will certainly find out. Miller: My name is Gene Miller. I live at 1855 N. Teare. I and some of my neighbors have a question dealing with the proposed increase of traffic coming through (Inaudible) Subdivision by Jericho, Clarene, Teare and Tammy which is the short street. How that would be addressed and handled. We also had a question concerning noise level. How it would effect the existing residential areas from a proposed commercial. Staff has all ready acknowledged that as a concern. We also had a question as far as the type of commercial businesses that would be proposed for the site. Also the type of maintenance and upkeep proposed for those commercial areas. We have a question concerning the multi family dwellings-type style and location and where they would be placed. On the single family dwellings their placement, size and price range. How they would mesh in with the existing Subdivisions. Would their covenants be with our existing covenants in our surrounding that field. Borup: Maybe rather than continuing on, Mr. Martin could you come back up and answer some questions. First of all, question on Teare Street whether your intending that to continue on through. Martin: It was the preference of the developer that it be closed, however ACRD has requested that an emergency access be provided through there. The project Meridian Planning and .~~`ing Commission '^`` May 9, 2000 Page 29 development is in such a manner that it will certainly not encourage any traffic on that road, but it would be open. Borup: What is ACHD requesting. Martin: The most recent request and what is summarized in the staff report is a 20 foot emergency access lane which would go from Teare over to Victoria along the north boundary of that lot. I do not believe that would preclude closing the access to other traffic with knock down barricades. That would have to be revisited with ACHD. There has also been a request in the staff report that pedestrian access be provided. That is acceptable to the developer. Borup: At this point, do you have any type of businesses that you for see. Martin: There has been some preliminary discussions but it's the type of business that is highway related business that you see up and down Fairview. Restaurant type facilities on the front corners of victoria and strip mall type development as you see across the street further up Fairview. It will be the smaller second tier type of retail users. Borup: On the apartment complex, the conceptual design on that. Martin: There is no conceptual design at this point. Initially when this project was submitted there was another partner involved that was going to develop the apartment. That arrangement is no longer in place and the applicant is discussing wi#h other potential developers the development of that property. It will be developed in accordance with your ordinances for that particular zoning. Borup: Would the applicant have any concern if that was annexed with a conditional use permit placed on that. A requirement of conditional use. Martin: We would not have a problem with that. Brown: Can you speak to the traffic for the gentleman about what the impact will be on the adjoining streets. Martin: From an engineering standpoint and our discussions with ACHD, the only traffic that we and ACHD envisions was emergency traffic entering by way of Teare Street by the nature of the fact it would be entering toward the back side of the building. Very minimal. Some pedestrian traffic. The design is to access of this property by means of Victoria Street and two private approaches off Fairview. My opinion is that traffic impacts on the residential subdivisions will be very minimal or non existent. Barbeiro: If you were to put in-B1ock 3, Lot 1, what is the size of that. Meridian Planning and piing Commission .-~- May 9, 2000 Page 30 Martin: That is seven and a quarter acres. Barbeiro: We conceivably have 80 apartments in this area. I believe you'll have traffic crossing through there to get to Fred Meyer, Locust Grove. Martin: I was speaking to the commercial portions of the project. It is all oriented toward Fairview. With the residential there would be some traffic, but I believe in primary access through that property would still be by means of Victoria Street. Borup: I'd like to continue with the public testimony. Miller: Gene Miller. I still had two questions that weren't addressed as far as on the style location of the multi family dwellings-where they are set in on the map. And, on the single family dwellings. Our main concerns were a type or style of dwelling that may drop our property value. Borup: As far as the single family, there is not a lot of choices. They have minimum setbacks by City Ordinance. Hatcher: In regards to these residential lots, it is a simple solution just having the developer sit down with the adjacent Subdivision and finding out what your covenants are, making sure that they are equal or greater than your existing covenants. Commissioner Barbeiro just pointed out if you look at the layout, these proposed new lots are anywhere from 50 to 100 larger than the existing lots so that in itself means those lots are going to be more valuable than your, which should raise your price not lower it. Borup: We didn't answer the question on the apartments for Mr. Miller. At this point they don't have a design. We talked about having this on a conditional use permit which means they'd have to come back before this commission with that project when it was ready to be proposed. Any one else. Commissioner's. We have received testimony as normal of both aspects. We are on the annexation and zoning. Hatcher: I motion that we close the public hearing. Brown: I second. Borup: All in favor? MOTION CARRIED: ALLY AYES Hatcher: Mr. Chairman, I motion that we recommend to the City Council for the request of annexation and zoning of 23.6 acres to CG, R-15 and R-8-CN-CN, R-15 and R-8 for proposed residential and commercial Teare Terrace by the Zambezi Group to include staff comments. I don't have any add on's. Meridian Planning and 7^~ing Commission --- May 9, 2000 Page 31 Borup: Anybody else have any. Brown: Mr. Hatcher would you be willing to take the amendment to Lot 1, Block 3 be required to have a conditional use. Hatcher: Absolutely. Thank you. Borup: Any discussion? All in favor? MOTION CARRIED: ALL AYES Borup: Is it included in that the screening would be worked out with ---never mind. 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT OF 13 LOTS ON 24.89 ACRES FOR PROPOSED TEARE TERRACE BY LEROY ATWOOD, ZAMBEZI GROUP-FAIRVIEW AVENUE: Borup: Anything additional to add Brad. Hawkins Clark: No. Please incorporate the comments from Item number 8. Borup: Mr. Martin, Is there anything that you'd like to add pertaining to the preliminary plat? Martin: Nothing new I don't believe. I'd just like to reemphasize the issue of the landscaping and wall that we have the flexibility to work with staff on utilization of screening walls where they may be more appropriate than just a landscaping strip. Borup: Your talking essentially on the north of Lot 2. Martin: Specifically the north boundary block 1 and 2. Borup: Are you familiar with the sound deadening blocks. Martin: I certainly am and think those would be highly appropriate especially in the areas where the delivery service vehicles- Borup: Can you explain what is different on those. Martin: First of all you have a non flat surface. You've got a broken surface and then some of them utilize a (inaudible) light fill which is a sound absorbing material which goes in the void of the block and then you also can use a spray on texture on the surface that further absorbs sound. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW IiILIE I{I,FFAV FISLZ->FR WM. F. GiGRAY llI 200 EAST CARLTON AVENUE , BRENT J. Jor¢asox POST OFFICE BOX 11 SO D. SAMUII, 7olu~rsox ME~~ IDAxo 83680-1150 WQ.LIAM A. MORROW Wn,LiAMF.Ntcxots Tiz, (208 288-2499 ) PHILIP APPETmsox FwX (208) 288-2501 STIPHEN L. PRUSS ERiC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TIItRExcER WHITE May 19, 2000 To: Staff Applicant Affected Property Owner(s) Re: Appplication Case No. AZ-00-008 Hearing Date: Tune 6, 2000 NAMPA OFFICE 104 NINTH AVENUE SovTx POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL. (208)466-9272 FAX (208)466-0405 PLEASE REPLY TO MERIDL4N OFFICE R~CE~iJ MAY 2 3 2000 CITY OF b'IEIIIDIA.1'~ 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 important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plaxtmng and Zoning Commission; and 2. That you carefully complete (be sure it is leg~'ble) the Position Statement if you discgree with the Findings and-Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight ($) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is stron 1y recommended that one Position Statement be filled out for the group, which can be signe~ by the representative for the group. Very truly yours, / G City Atto ey's O ce Iy~ Sent By: City or Meridian; 05/26/2080 07:42 2083449140 ^. DII.~.I01`I BOSCI~ DAW BOCK c h R r t a r e d Attorneys Davtd G. Ballard Lee Boek Allan R. Boeeh C. A. Daw Lea B. billion Rabat wn~ggets•~onh 20888H6854; May-30-00 2:43PM; Pa e 2i2 I7BDB 9 rAt~t el ,..., ~~~°°' MAY Z 6 ?,~0 Nlay 25, 2004 ~~ a T6s ittforo>ation corrainad i» dtis faesimUe le confltltiltJsl lntotmutoq or attorney work producs or both and is for tits excW9lve use of d~a istesdea t'eeipletx liatcd bolow. Any rc.dia8, dieolowre. we or ratxoducebn of dtio eatttotaaicadou other than try ttu ittotnded reaipietx id prot+tbitrd. If you have rxalved tbia comrmutication in arar, please nodly ns by ctitlea tolephonc call imooediately std rctetn the eottvettofeatlon w ua via U. S. tttail. NUMBER OF PAot~s BF,1N0 TRANSMITTEt) (LNICLUDW(3 TWS PADS) ~ ,L, 1F ALL PAGES ARE NOT RBCIyI ,PLEASE TBLEPHON1r (208) 344.6990. TEL OpY Q~R„~iTOR'iD Tlwe Se~ft: ~ `' a.m. ^,,, p.m. A bUPLICATB OF T!•II5'fBLSCOf'Y W11.L NOT BS SEIv"T BX RBOULAR MAif. UNLB9S REQUBS'TED BY 7<F~. [tBC.>IP'lE1VT. PAX: 888.6834 Ciry Clerk Meridian Plantulag & Zoning 33 East Idaho ,Avenue Meridian, Idaho 83642 Re: William Curtis/Tears Terrace DBDB File 110. 2666-REU l Deaz Sir or Madam: Please be advised float billion, Bosch, Daw & Bock, Chartered, represents William Curtis. This letter is to strve notice that Bill Curtis is withdrawing the application r~uest for aaoe~Gatlon approval for the Teaxe Terrace SubdivisioA. If you have any questions regardLng the above, please do not hesitate to contact me. Sincerely, billion, Bosch, Daw & Bock Chartered . ! Y~ + `.~-1 ee illion 9'" 6 Itfaho Center 225 N. 9r' St. SlriEo 210 6olse, td 93702 tat (208) 344.9080 c.r ~aoet ass-9~ao htemet E~rteil to: dWb~micron.net cc: 1'Villiam Curtis MAY 30 '00 14:40 71aR~t~G~COCn ,~,..-.~ Sent By: City ort Meridian; 2088886654 May-30-00 2:43PM; Page 1/2 ~Itia-1, r ~' g88-ye,1 a ~~ `~~~~ ~ ~r~ ~ ~` ~~~ ..La 7~(.~ •~ S o ~ ~ ca.u.~ ~ sl~rFs c-~, sorr~,~k,`,,~ V' (ce -Nv s -- ~-~ ~~,~., dka~,~y ~ ors" ~k-a- ~~ ~ ~~. ek„~ ~~~~ ~~ ~~' ~~ ~, ~1-fit '~~~ ~ ~~I~,,,..~ i S' -~~~ t~-~~i~ 4;/l.;u~ ;~G~4;~1..~.k'_f.~ /~-Q-~,'7J ~.~'..~"~`'~-' I'""' ~~~ ~ ~ ~ ~ ~~i' C MAY 30 '00 14 40 aGi~t~oococ,, r,,,.-.~ iVleridian Planning and wing Commission -~ May 9, 2000 Page 31 Borup: Anybody else have any. Brown: Mr. Hatcher would you be willing to take the amendment to Lot 1, Block 3 be required to have a conditional use. Hatcher: Absolutely. Thank you. Borup: Any discussion? All in favor? MOTION CARRIED: ALL AYES Borup: Is it included in that the screening would be worked out with ---never mind. 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT OF 13 LOTS ON 24.89 ACRES FOR PROPOSED TEARE TERRACE BY LEROY ATWOOD, ZAMBEZI GROUP-FAIRVIEW AVENUE: Borup: Anything additional to add Brad. Hawkins Clark: No. Please incorporate the comments from Item number 8. Borup: Mr. Martin, Is there anything that you'd like to add pertaining to the preliminary plat? Martin: Nothing new I don't believe. I'd just like to reemphasize the issue of the landscaping and wall that we have the flexibility to work with staff on utilization of screening walls where they may be more appropriate than just a landscaping strip. Borup: Your talking essentially on the north of Lot 2. Martin: Specifically the north boundary block 1 and 2. Borup: Are you familiar with the sound deadening blocks. Martin: I certainly am and think those would be highly appropriate especially in the areas where the delivery service vehicles- Borup: Can you explain what is different on those. Martin: First of all you have a non flat surface. You've got a broken surface and then some of them utilize a (inaudible) light fill which is a sound absorbing material which goes in the void of the block and then you also can use a spray on texture on the surface that further absorbs sound. "Meridian Planning and 7^ving Commission ---~ May 9, 2000 Page 32 Borup: Thank you. Do we have anyone else from the public who would like to add further testimony to this. Schmidt: I am Glen Schmidt of 1920 N. Teare. The question that I have is the gentleman said that the traffic coming in off of Clarene onto Victory will be minimal. Borup: He is saying specifically for the commercial businesses. Schmidt: Okay. With Jericho running with a school and all that and Clarene coming right together, how is he going to maintain that there is not going to be any increased traffic. There is a lot of kids that play in that area. They cross the street and go to school each morning and go to the bus stops. I want to know how he can say there won't be an increase in traffic on that. Borup: Do you want an answer from us? Any Commissioner's like to address that. Hatcher: Mr. Chairman, just for clarification the applicants representative when stating .that there would be little to no traffic impact, he was specifically referring to the commercial development that blocks 1 and 2. Block 3 I think it is obvious will impact traffic there. My personal opinion is that it will be a minimal impact. I think what you're going to see when that apartment complex goes before us in the future, we will be discussing traffic at that specific location. Just standard human behavior, I would suspect that 2/3 of the traffic that is generated by that apartment will go straight out to Fairview. What that count is, I could not tell you until we know what is going to be designed there. Borup: As far as the morning when children are going to school before the commercial businesses are going to be open. The afternoon could be a different matter. Hatcher: As we have discussed many times before on other projects traffic patterns from apartment complexes do differ from residential Subdivisions. The people that work have the same time frame as you and I and the ones that stay home are the more of the what you would consider the come and go tenants. Borup: The traffic studies have showed apartments have less per unit traffic than residential. Anyone else. Hawkins Clark: I'd like to point out one thing for those of you who have not read the ACHD report. They are requiring a 10 wide by 50 foot long landscape island in Victoria Street approximately in this location. It is a requirement of the highway district in terms of transitioning from this commercial use down here to the residential north. It may not deal with issues at this intersection here, but want to point that out. Borup: Their intention of that so that left turns not be possible out of there. " ~ Meridian Planning and ;'-`ing Commission ~'"` May 9, 2000 Page 33 Hawkins Clark: I think it is more of a transitional issue. Borup: Wouldn't that also have a tendency to discourage left turns. Hawkins Clark: Depending on where they would side their driveways on lot 1, block 1. Borup: Did the applicant have any final comments. Commissioner's. Hatcher: I move that we close the public hearing. Brown: I second. Borup: All in favor. MOTION CARRIED: ALL AYES Borup: Do we have a motion? Hatcher: I motion that we recommend approval to the City Council for the request for the preliminary plat of 13 lots on 24.89 acres for the proposed Teare Terrace by Leroy Atwood and Zambezi Group to include staff comments, ACHD report of design changes and I have to support staff's comment on the landscape buffer. The developer wants to discuss that with staff or City Council, your free to do so, but I recommend the landscape buffer stay as is. I am not opposed to even adding a wall to that landscape buffer. Norton: I'll second that motion. Borup: Any discussion? All in favor? MOTION CARRIED: ALL AYES 10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR GROUP DAY CARE IN AN R-8 ZONE BY DEANNE YOUNG-2176 E. LOCHMEADOW COURT-CHATEAU MEADOWS SUBDIVISION: Hawkins Clark: Commission there was a staff report submitted dated April 26 which addressed recommending conditions for this project. I would just ask that these be incorporated. It is here located off of Lochmeadow in Chateau Meadows Subdivision. The site is on a culdesac located here. General site plan for the house and site photos. We do recommend approval with our conditions. Thanks. :~d~ ~ou~t~~~ ~w~~ ~~~t~~~t '"'"'"~ ' ""' "~ """ ~ ' 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us May 16, 2000 TO: William Curtis 2630 E. Franklin Rd. Meridian, ID 83642 FROM: Steve Arnold, Principal Development Analyst Planning & Development SUBJECT: Preliminary Plat: Teare Terrace/MPP-00-008/MAZ-00- 8 Fairview Ave. REc~:~D MAY 1 9 ZOOU of mt~~v~ On May 10, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If gublic street improvements are required' Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority together with the payment of fee charged for the manufacturing and installation of all street signs. 4. If Public Right-of-Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. ~` Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two-weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15-days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services-City of Meridian Construction Services -John Edney Drainage- Chuck Rinaldi Leroy Atwood Zambezi Group 914 Elgin Caldwell, ID 83605 Carl Geiger EHM Engineers, Inc. 516 S. Capital Boulevard, Suite 201 Boise, ID 83702 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Teare Terrace Fairview W/o Locust Grove 7 Commercial Lots 6 Residential Lots An application for a preliminary plat has been submitted to the City of Meridian for approval of a commercial a71d residential subdivision, Teare Terrace. The application has been refen-ed to ACRD by the City for review and comment. Teare Terrace is a 13-lot commercial and residential subdivision on 24.89-acres. The site is located on the north side of Fairview Avenue, approximately one-quarter mile west of Locust Grove Road. This development is estimated to generate up to 3,200 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Fairview Avenue Clarence Street Teare Street Jericho Street ACHD Commission Date -May 10, 2000 - 7:00 p.m. i enker~~,,~~ ~~„~„ Pay*e 1 ~'`~ i.,~ TIERRE TERRACE -VICINITY 11lIAP J ~ I -I ~ ~~-~` - -- -- , --I- QO 1200 1600 2000 Feet i i ~= __ ~i .-- --i-- ~, ;1 ---,-- ~i ;I, .' I - _~ s ~~ I ~ -~ I ~ - ~---C ~RENCC ETP.Ey'T- ~1L0~{3 ~I'~ l- ,~ ~, ~ ~~ ~w,y ~ , ~; ~ ~f ~ = i _ ` .~ ` J q, ~ . ti ,. T , ~ -- _ ''_,~ ~ lnr3 -- ~ PARA' ~ l~h~s :~ ~BLOCaei ~ , I`. ,,:C.OM, ~ l.QT I I ~ G/~(~Ij R~c~ I I N w~,! . s, ~,2 33~-~- p~..~l ~_ ~~ I [~ ,~ [~ T~~~~ T~~I~I~C~ DRLLIMINARY PLAT roe WEbTERN D~V~LOPM~NT i ~\,,~.. aL ~ ~ i fi~ ~~ ai a • u s:.:[ VICINITY MAD LocnrL~ IN SECl10N E, iOIYNSHIP 3N, RANuE 1E, BOISE ~fERIDUN, /J!~j ADA COUNTY, IDAHO [c ; sua~mt =cam Y:.:::[: Sv- Ulti I.OT2 I,r1j' ~ '" !A2`9 __ ,~ ~ r rvc c[H t~ .. ~ ,z , ..,. '-`~~..' u a .. ., ..~ ,,,.f,,. - Enr ~~ aY. ~ 'Y / /V_ G .SM I 11 ~ ,~,-r,_ ~ . dTATt1(L6'Td Or COMPWANCL ~n~ c~r/ri CI.B'. ~?i(w~ •r.[, Si0(r•r r5 Cti•,( B! wr+..c~ I:D 1 • •5 ?4[UUn•f. B` .0: 'Cywn OiS:~,' • ulI ':. `•~ t hvuKi. Dui vSp.•. 5~f.v.: W_ 6t fnE t!!1'wrv_ N07Zg i bu. w. '~ '. 5i S..Ornvl O:/B~ . Q wr.CR Of ~CLC,CR EYDR wIL(lau [URTf$ LEROr rwCOD 3630 fa57 RR: NKL U' wC$iCRn' DEVEIAPMCHi GERALD MaFTrNS, R.F. /~.5. EHM FrYOINEERS uERrClar:, tC 8363 911 C. Ec GIN P2r N. 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No+ [+ye.-+te e. r~rar •.~[ .. t. •wuw.; r. c. 1,- E: /~ Facts and Findings: A. -GeneralInfornlation Owner Applicant AP-2 R-8, R-15 and CG 23.6 13 1,200 271 Southwest Metro Meridian - William Curtis - Leroy Atwood, Zambezi Group - Existing zoning (Ada County) - Requested zoning (Meridian) - Acres - Proposed building lots - Total lineal feet of proposed public streets - Traffic Analysis Zone (TAZ) Impact Fee Service Area Impact Fee Assessment District Fairview Avenue Principal arterial Traffic count of 23,782 on 10/21/97 C -Existing Level of Service C -Existing plus project build-out Level of Service 1,060 -feet of frontage 100 to 104-feet existing right-of--way (50 to 51-feet from centerline) 120 -feet required right-of--way (60-feet from centerline) Fairview Avenue is improved with afive-lanes with no curbs, gutters or sidewalks abutting the project site. Clarence. Teare. Jericho Streets Local streets with no bike lane designation No traffic counts available 0 to 50 -feet of frontage 50-feet existing right-of--way These roadways are improved as 37-foot sheet sections with curbs, gutters, and sidewalks. B. On April 24, 2000, the Dish•ict Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On April 28, 2000, the staff met as the District's Teclu7ical 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. The applicant is proposing mutti-family units on Lot 1, Block 3. D. The applicant is proposing to extend Clarence Street into the site to connect with the proposed Victoria Street that will extend to Fairview Avenue. The lots fronting on this roadway will be multi-family and single family lots in the north portion of the site and commercial at the southern portion. The applicant should be required to provide a landscaped island within Victoria Street Ali;\Rf:Tcn~acecmm Pa,*e 2 ,"~ where the roadway transitions for commercial uses to separate the residential portion of the site from the commercial portion. The roadway around the island should maintain a minimum of a -21-foot street section. The island should be constructed a minimum of 10-feet wide and 50-feet in length. The landscape island should be a separate lot owned and maintained by a homeowners association. Coordinate the design of the landscape island with District staff. E. The applicant is not proposing to extend Teare Avenue south into the project site. Cun-ent District policy requires the construction of an approved turnaround at the south end of Teare Avenue. The applicant will be responsible for the construction and dedication of an approved hu~~arot-nd at the south end of Teare Avenue with curbs, gutters, and sidewalks around the turnaround. F. The applicant is not proposing any stub streets to the west property line. The property to the west is an existing mobile home park and is not anticipated to redevelop. Staff supports the proposal to delete any stub street to the west property line. G. The applicant is proposing to locate Victoria Street as the main site access off Fairview located approximately 480-feet east of the west property line. An approved private street is located on the south side of Fairview Avenue approximately 420-feet east of the west property line. District policy states that intersections on arterial streets be located to align with or offset a minimum of 220-feet from any existing intersection on Fairview Avenue. The proposed intersection does not meet District policy. The applicant should realign Victoria Street to intersect Fairview Avenue approximately 420-feet east of the west property line in alignment with the existing private street to the south. H. Victoria Street should be designed as a standard 40-foot commercial street section with, curbs, gutters and 5-foot sidewalks. The applicant should transition the 40-foot street section, with curbs, gutters, and sidewalks to a 36-foot street section, with curbs gutters, and sidewalks, abutting the residential portion of the site. Coordinate the roadway transition with District staff. I. District policy requires the applicant to construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel (approximately 1,060-feet) prior to District approval of a final. The sidewalk should be located two feet within t]~e new right-of--way of Fairview Avenue. Coordinate the location and elevation with District staff. .l. District policy states that direct access to arterial roadways is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement among Lots 1, 2 and 3 of Block 1 and among Lots 2, 3 and 4 of Block 2 to for use to access Victoria Street prior to final plat approval. K. District policy states that driveways on Fairview Avenue should be located a minimum of 220- feet east and west of relocated Victoria Street and offset 150-feet from existing driveways on Fairview Avenue. The applicant should be required to locate driveways on Fairview Avenue as follows: Pale ''~, • on Lot 2, Block 1, approximately 180-feet east of the west property line. This location meets the required 220-foot offset from relocated Victoria Street and aligns with an approved driveway to the south. The applicant should provide a recorded cross access easement between Lot 2 and 3, Block 1, for the use of this shared driveway to access Fairview Avenue. • on Lot 4, Block 2, approximately 190-feet west of the east property line. This location meets the required 220-foot offset from relocated Victoria Street and aligns with an approved driveway to the south. The applicant should provide a recorded cross access easement between Lot 3 and 4, Block 2, for the use of this shared driveway to access Fairview Avenue. L. Driveways on Fairview Avenue should be constructed 24 to 35-foot wide with 15-foot radii pavement tapers abutting the roadway. The driveways should be paved their full width to a minimum of 30-feet from Fairview Avenue. Install a standard 30" by 30" STOP sign at any driveway intersection with Fairview Avenue. M. Any commercial driveway on Victoria Street shall be constructed as 30 to 35-feet wide curb cut driveways and located a minimum of 50-feet north of Fairview Avenue. The driveways should be paved their frill width to a minimtun of 30-feet from Victoria Street. Install a standard 30" by 30" STOP sign at any driveway intersection with Victoria Street. N. Any multi-family residential driveway on Victoria Street shall be conshlicted 24 to 30-feet wide. The driveways should be paved their frill width to a minimtun of 30-feet from Victoria Street. Install a standard 30" by 30" STOP sign at any driveway intersection with Victoria Street. O. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. 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 60-feet ofright-of--way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building petnlit (or other required pei7nits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit lone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 2. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk shall be located two feet within the new right-of--way of Fairview Avenue. Coordinate the location and elevation with District staff. TE:\KC:Tan-ota cmm Pa~~e d 3. Constnict Victoria Street within the subdivision as 40-foot street section with curb, gutter, and 5-foot wide concrete sidewalks within 58-feet ofright-of--way. Transition the roadway to a 36- ~~., foot street section with curbs, gutters, and 5-foot wide concrete sidewalk where the roadway abuts residential lots. 4. Provide a landscaped island within Victoria Street where the roadway transitions for commercial uses to separate the residential portion of the site from the commercial portion. The roadway around the island shall be a minimum of 21-feet wide. The island should be constructed a minimum of 10-feet wide and 50-feet in length. The landscape island shall be a separate lot owned and maintained by a homeowners association. Coordinate the design of the landscape island with District staff. 5. Provide an ACHD approved turnaround at the termimis of Teare Avenue with curbs, gutters, and sidewalks around the turnaround. 6. Locate driveways on Fairview Avenue as follows: • on Lot 2, Block 1, approximately 180-feet east of the west property line. Provide a recorded cross access easement between Lot 2 and 3, Block 1, for the use of this shared driveway to access Fairview Avenue. • on Lot 4, Block 2, approximately 190-feet west of the east property line. Provide a recorded cross access easement between Lot 3 and 4, Block 2, for the use of this shared driveway to access Fairview Avenue. Construct driveways on Fairview Avenue 24 to 35-feet wide with 15-foot radii pavement tapers abutting the roadway. Paved the driveways their frill width to a minimum of 30-feet from Fairview Avenue. Install a standard 30" by 30" STOP sign at any driveway intersection with Fairview Avenue. 7. Commercial driveways on Victoria Street shall be constructed as 24 to 35-feet curb cuts and located a minimum of 50-feet north of Fairview Avenue. Pave the driveways their fiill width to a minimum of 30-feet from Victoria Street. Install a standard 30" by 30" STOP sign at the driveway intersections with Victoria Street. 8. Multi-family residential driveways on Victoria Street shall be constructed as 24 to 30-feet wide curb cuts. Pave the driveways their full width to a minimum of 30-feet ti-om Victoria Street. Install a standard 30" by 30" STOP sign at the driveway intersections with Victoria Street. 9. Provide a recorded cross access easement among Lots 1, 2 and 3 of Block 1, and among Lots 2, 3 and 4 of Block 2, for use to access Victoria Street prior to final plat approval. 10. Utility street cuts in new 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. 11. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Pale n ~ 12. Other than the access points specifically approved with this application, direct lot or parcel access to Fairview Avenue 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 ACRD Planning and Development Supervisor. The request shall specifically identifv each reauirement to be reconsidered and include a written explanation of why such a requirement would result m a substantial hardship or inequity The written request shall be submitted to the District no later than 900 a m on the day scheduled for ACHD Commission action Those items shall .be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identifv each reauirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its on final 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 #l 93, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and constnlction 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 confor~lance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two frill business days prior to breaking ground within ACHD right-of--way. The applicant shall contact Page 6 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the 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. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless 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. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: PlamlinQ and Development Staff May 10. 2000 TG\RGTcn aceimm Pave 7 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 24.89 ACRES FOR TEARE TERRACE AGENCY ;. Case No. `Z-00-008 RECOMMENDATION TO CITY COUNCIL BY ZAMBEZI GROUP INTRODUCTION 1. The property is approximately 24.89 acres in size and is located on the north side of Fairview Ave., west of Locust Grove Road. The property is designated as Teare Terrace Subdivision. 2. The owner of record of the subject property is William Curtis, of Meridian, Idaho. 3. Applicant is Zambezi Group, of Caldwell, Idaho. 4. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant land. 5. The Applicant requests the property be zoned as CG, R-15 and R-8. 6. The subject property is bordered to the north by R-8 zoning, to the south C-G zoning, to the east and west R-8 and C-G zoning and city limits of the City of Meridian are adjacent and abut to all sides of the subject property. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - TEARE TERRACE AGENCY - ZAMBEZI GROUP 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: residential and commercial subdivision. 10. The Applicant requests zoning of the subject real property as CG, R-15 and R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering Departments as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - TEA.RE TERRACE AGENCY - ZAMBEZI GROUP n ~ included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation drainage district, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13) . 1.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-13-4.C. and 12-5-2.M. 1.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I~). 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -TEARS TERRACE AGENCY - ZAMBEZI GROUP ~ ~ 1.10 The four (4) legal descriptions submitted with the application meet the requirements of the City of Meridian and State Tax Commission. The parcel is contiguous to the existing corporate city limits of the City of Meridian. 1.11 Staff supports the request to annex this parcel, particularly as a large infill parcel with sewer and water services readily accessible to the property. We support the conceptual zoning of situating commercial uses adjacent to Fairview Avenue and residential uses adjacent to the existing residential uses in the north half of the parcel. However, we do not support the proposed C-G zone for Lot 1, Bloclc 2, immediately south of the R-8 block. The lot size (21,928 sq. ft.) and placement (single family residential along the full length of two sides of the lot) lends itself to more of a transitional use between general commercial and single family uses. Staff recommends alower-intensity zone of Neighborhood Commercial (C-N) for this lot, which recommendation the Planning and Zoning Commission agrees and recommends to City Council. 1.12 The majority of commercial uses that would serve the area neighborhoods (i.e. banks, laundromats, day cares, service industries, etc.) are permitted either outright or with a Conditional Use Permit in both the C-N and C-G. But there are several uses permitted in the C-G that are prohibited in the C-N, including auto repair, service stations, hotels, truck stops, heavy equipment sales and auto sales lots. Staff feels the down-zoned C-N is a more appropriate zone for this location. Additionally, we recommend the Development Agreement prohibit Convenience stores and Shopping Centers on this lot (which are permitted outright in the C-N zone in the Schedule of Use Control, Section 11-8-1 .B.). 1.13 If the requested R-15 zoning is approved for Lot 1, Block 3 (apartment complex), any future development must be submitted as a Planned Development per Ord. 11-4-7, which requires a PD for any lot containing more than one principal building. This shall become a condition of the Development Agreement. RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING -TEARS TERRACE AGENCY - ZAMBEZI GROUP .~^~, 1.14 If P&Z recommends approval of annexation, Staff recommends the following sign conditions be attached to this property in the Development Agreement: • The Applicant shall be permitted either one (1) free-standing sign per lot with a maximum of 72 sq. ft. per sign (including the sign base) for the lots with Fairview frontage and 50 sq. ft. per sign (including the sign base) for all other lots OR two (2) multi- tenant project signs for all lots/future tenants in the subdivision, each sign having a maximum area of 200 sq. ft. and a maximum height of 20 feet. • No sign along Fairview Avenue shall be within a clear vision sight triangle. • All signs along Fairview Avenue shall be evenly spaced to avoid any blanketing effect. • All signage should be coordinated to provide a consistent and uniform theme throughout the subdivision. 1.15 Hours of Operation: No details of hours of operation for the commercial lots are provided. If annexation is approved, all future commercial uses immediately adjacent to existing residential uses should be limited to hours of operation which comply with the City's noise ordinance. 1.16 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation The Planning and Zoning Commission further recommend: 1.17 Lot 1 Bloclc 1 is required to have a conditional use permit. Z:\Worlc\M\Meridian 15360M\Teare Terrace Agency AZ\AZ008TeareRec.wpd RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING -TEARS TERRACE AGENCY - ZAMBEZI GROUP 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 City Council 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 7:30 p.m. on June 6, 2000, for the purpose of reviewing and considering the application of Zambezi Group for annexation and zoning of 23.6 acres from AP-2 (County zone) to C-N, C-G, R-15 and R-8 for proposed Teare Terrace generally located at Fairview Avenue, SE quarter, SW quarter, Section 6, T3N, R1 E; Furthermore, the applicant also requests preliminary plat approval of 24.89 acres with 13 building lots of various proposed zones and 7 other lots in a commercial zone. 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 12t" day of May, 2000 PUBLISH May 19t" and June 2"d, 2000 WILLIAM G. BERG, JR., IT CLERK ~ ~ T ~~~ ~~~ R $~~L _ ~, ~~f ~~~~~f~~d~ I~$1 S 31f ~'#~ ~~~~~'`~,```` `~ - a Q z v W U Q W I- W W_ ~ 3 .\ ~\ ~. , i (`~~ ~ ~~ ~~~. i ~ 'a ~;_,, -- d d 0 0 0 N 0 0 co 0 0 N r O -- O ~.__ _L_ ~o ~o i~ ,~ The Idaho ;,~, Statesman ~ ;~~f~~e~idian P.O. BOX 40, BOISE, IDAHO 83707-0040 t~l~\i ~ ~. _- • 1 Amount Due LEGAL ADVERTISING INVO,t_CE~un~tin ~~p~da~~ Account NumberlTrans. # i Identlflcatlon T ~ 064514 233499 TEARE TERRACE Ordered By i P.O. Number I Rate Run Dates LINDA KESTING i NT ~ APRIL 21, MAY 5, 2000 Estimated Inches Real Inches CITY OF MERIDIAN ~ 35 LINES 33 E. IDAHO AVE # Anldavlts Legal Number MERIDIAN, ID 83642-2631 _ 1 .6956 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEi to the Ordinances ~f rho r•Ifv , or i:uu p.m. on Mav 9, 2000 for the pur- Pose of reviewing and considering the application the Zambezi Group for annex- raesldentlaf and commercial fTearepTer~- race. The applicant requests a zoning of R-8 and R-15. Furthermore, the application requests preliminary plat approval of the proposed. ro .e r..__--- ,above property is on file n flie City C el rk s office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. upAoncrequest.tAnv enlti all~nterestedlpere sons shall be heard at said public hearing and the public is welcome and invited to submit Testimony. WALLIAM G 1BERG JR. ACITY 2CLERK __Pub. Apr,_21, May 5, 2000 6956 .~• \. i~ ,; 4 u ~, • ~ , .D ~ . , •., R 7 ~ J ~~ ~A ~ ~ '~ • `•~~~~ ~ 5~~,~ Y~~a~~JJY110~~ .40 JANICE HILDRETH ,being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for TWO ^ consecutive weekly ^ single ^ consecutive daily Dodd skip insertion(s) beginning with the issue of APRIL 21 2000 and ending with the issue of MAY 5 2000 STATE OF IDAHO ) ss. COUNTY OF ADA On this 5TH day of MAY in the year of 2000 ,before me, a Notary Public, personally appeared 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 statements therein are true, and acknowledged to me that she executed the same. .(~ ~. .i. Notary rubuc ror laano Residing at: Boise, Idaho My commission expires: ~ p~~~~~ ~''~, MERIDIAN PLANNING & ZONING MEETING: May 9. 2000 APPLICANT: ZAMBEZI GROUP ITEM NUMBER: 8 REQUEST: ANNEXATION AND ZONING OF 23.6 ACRES TO C-G. R-15 AND R-8 FOR PROPOSED RESIDENTIAL AND COMMERCIAL TEARE TERRACE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS COMING SEE COMMENTS ADA COUNTY HIGHWAY DISTRICT: I ~~ ADA COUNTY STREET NAME COMMITTEE: SEE EVALUATION SHEET ~ (~i CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: ~~, , ~ry.,c~, J'~- Y~G~ Y" ~~r~' All Materials presented at public meetings shall become property of the City of Meridian. "~' HUB OF TREASURE VALLEY '`~ MAYOR LEGAL DEPARTMENT Robert D. Cowie A Good Place to Live (208) '_88-2499 • Fax 288-2501 CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 8364? Tammy deWeerd (208) 588-4-133 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (308) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 888-6854 TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000 TRANSMITTAL DATE:_April 12, 2000 HEARING DATE: May 9, 2000 FILE NUMBER: AZ-00-008 REQUEST: 23.6 ACRES FOR PROPOSED RESIDENTIAL & COMMERCIAL TEARE TERRACE COUNTY ZONE AP-2 TO CG. R-15 AND R-8 BY: ZAMBEZI GROUP IDAHO GENERAL PARTNERSHIP LOCATION OF PROPERTY OR PROJECT: FAIRVIEW AVENUE, S6 T3N R1E SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT j SANITARY SERVICE B~.IILDING DEPARTMENT IRE DEPARTMENT POLIO DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) ` ~-,~ CJ YOUR CONCISE REMARKS: T i S /~K~/'~2 f-c3l~C L~ 42 ~IJo c-4= O ~l ,t/ ~ tfL ~' lv~Cll /`N~- ~•. HUB OF TREASURE VALLEY MAYOR LEGAL DEPARTMENT Robert D. Corrie A Good Place to Live (208) 288-2499 • Fax 288-2501 C1TY CoUNC1L MEMBERS CITY OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 ~208> s87-2211 • Fax Ss~-I297 Tammy deweerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT 4 , h (208) 884-5533 • Fax 888-6854 ;~ ~.. A ,~ 'r~H~ Q ~ ~~~~ MEMORANDUM: ~8_~ May 5, 2000 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technicia~`~~.-~~~ Brad Hawkins-Clark, Planner ~~~ Re: TEARS TERRACE SUBDIVISION - Request for Annexation and Zoning of 23.6 Acres from R-T to C-G, R-15 & R-8 by Zambezi Group/Leroy Atwood (File AZ-00-008) - Preliminary Plat of 24.89 Acres by Zambezi Group/Leroy Atwood (File PP- 00-008) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY There are two separate applications covered in this report, each addressed separately after the summary. The property is currently vacant and is an infill parcel, bounded by existing city limits in all directions. The annexation application proposes to segment the parcel into three separate zones, generally placing high and medium density residential (R-15 and R-8) in the northern 8.5 acres (approximately 34% of total site) and commercial in the southern 16.4 acres fronting on Fairview Avenue (approximately 66% of site). The Preliminary Plat application proposes to create four separate blocks with a total of seven (7) commercial lots, five (5) detached single family house lots and one (1), 7.25 acre high density housing lot. ACHD staff has prepared a draft report on the Preliminary Plat. They are recommending approval of the plat as submitted other than a relocation of Victoria Street approximately 60 feet west of its current location to align with the private street on the south side of Fairview Ave. The application is scheduled for the May lOt" ACHD Commission and is on their consent agenda only. [Note: This application.'s transmittal, cover sheet and Application (pg. 1) incorrectly show the present zoning district as AP-2, Ada County. According to City and County Assessor records, the correct zone is Rural Transitional, RT, Ada County.J Teare Tesace.AZ.PP.doc AZ-00-008, PP-00-008 Mayor, Council and P&Z May 5, 2000 Page 2 LOCATION The property is generally located on the north side of Fairview Avenue approximately one-third mile west of Locust Grove Road. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North -Meridian Place Subdivision and Willows Subdivision (R-8 zone). Nine single family lots abut the north boundary of site, ranging from 6,665 s.f. to 11,064 s.f. in lot size. Each lot along the entire shared northern boundary has a solid wood fence separating the properties. South - Roundtree Automobile Dealer and Ultra Touch Car Wash/Fuel Station (C-G zone) are situated directly opposite Fairview Avenue from the site. East -Settlers Village Subdivision, zoned R-8, and Dirty Harry's Car Wash (C-G zone). Ten single family lots abut the east boundary of site, ranging from 6,100 s.f. to 9,322 s.f. in lot size. There is an existing solid wood fence along this entire shared boundary. West - Fairview Terrace Mobile Estates (mobile home park), zoned R-8, and an office/restaurant (Fiesta Guadalajara) complex, zoned C-G. The mobile home park property is under single ownership. Each home is owned separately and the land is leased. There is an existing chain link fence along the east boundary of the mobile home park. CURRENT OWNERS OF RECORD William Curtis is the current property owner and has submitted his consent for both applications. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 4. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13-4) and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. t~04008, PP-00-008 Teare Terrece.AZ.PP-doc Mayor, Council and P&Z May 5, 2000 Page 3 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 7. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 9. All construction shall conform to the requirements of the Americans with Disabilities Act. ANNEXATION & ZONING REQUIREMENTS (File AZ-00-008) 1. The four (4) legal descriptions submitted with the application meet the requirements of the City of Meridian and State Tax Commission. The parcel is contiguous to the existing corporate city limits of the City of Meridian. 2. Staff supports the request to annex this parcel, particularly as a large infill parcel with sewer and water services readily accessible to the property. We support the conceptual zoning of situating commercial uses adjacent to Fairview Avenue and residential uses adjacent to the existing residential uses in the north half of the parcel. However, we do not support the proposed C-G zone for Lot 1, Block 2, immediately south of the R-8 block. The lot size (21,928 sq. ft.) and placement (single family residential along the full length of two sides of the lot) lends itself to more of a transitional use between general commercial and single family uses. Staff recommends a lower-intensity zone of Neighborhood Commercial (C-N) for this lot. The majority of commercial uses that would serve the area neighborhoods (i.e. banks, Laundromats, day cares, service industries, etc.) are permitted either outright or with a Conditional Use Permit in both the C-N and C-G. But there are several uses permitted in the C-G that are prohibited in the C-N, including auto repair, service stations, hotels, truck stops, heavy equipment sales and auto sales lots. Staff feels the down-zoned C-N is amore appropriate zone for this location. Additionally, we recommend the Development Agreement prohibit Convenience stores and Shopping Centers on this lot (which are permitted outright in the C-N zone in the Schedule of Use Control, Section 11-8-1.B.). 3. If the requested R-15 zoning is approved for Lot 1, Block 3 (apartment complex), any future development must be submitted as a Planned Development per Ord. 11-4-7, which requires a PD for any lot containing more than one principal building. This shall become a condition of the Development Agreement. AZ-00-008, PP-00-008 Teare Tertace.AZ.PP.doc Mayor, Council and P&Z May 5, 2000 Page 4 4. If P&Z recommends approval of annexation, Staff recommends the following sign conditions be attached to this property in the Development Agreement: • The Applicant shall be permitted either one (1) free-standing sign per lot with a maximum of 72 sq. ft. per sign (including the sign base) for the lots with Fairview frontage and 50 sq. ft. per sign (including the sign base) for all other lots OR two (2) multi-tenant project signs for all lots/future tenants in the subdivision, each sign having a maximum area of 200 sq. ft. and a maximum height of 20 feet. • No sign along Fairview Avenue shall be within a clear vision sight triangle. • All signs along Fairview Avenue shall be evenly spaced to avoid any blanketing effect. • All signage should be coordinated to provide a consistent and uniform theme throughout the subdivision. 5. Hours of Operation: No details of hours of operation for the commercial lots are provided. If annexation is approved, all future commercial uses immediately adjacent to existing residential uses should be limited to hours of operation which comply with the City's noise ordinance. 6. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation Annexation Recommendation Staff recommends approval of the annexation but denial of the requested C-G zone for Lot 1, Block 2. We recommend C-N zoning with the additional restriction on Convenience Stores and Shopping Centers. PRELIMINARY PLAT GENERAL COMMENTS (File PP-00-008) 1. There are some discrepancies between the figures in the site summary box on the face of plat and other figures. Most of the "Area (acreage)" figures in the box are larger than the figures within the actual lot boundaries. Applicant should clarify. 2. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 3. Coordinate fire hydrant placement with the City of Meridian Public Works Department 4. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for any over payment of assessments, or payment to the AZ-00-008, PP-00-008 Teare Temace.AZ.PP.doc Mayor, Council and P&Z May 5, 2000 Page 5 City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 5. If possible, respond in writing to the each of the comments contained in this memorandum, prior to the scheduled May 9, 2000 hearing by the Meridian Planning and Zoning Commission. Submit ten copies of any revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. PRLIMINARY PLAT REQUIREMENTS (File PP-00-008) Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent developments. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions from existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 3. Two-hundred-fifty and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 5. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior AZ-00-008, PP-00-008 Teare Tercace.AZ.PP.doc Mayor, Council and P&Z May 5, 2000 Page 6 to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. The Ada County Highway District requires some type of approved turnaround at the terminus of Teare Avenue to allow for a vehicular turnaround. At the 4-28-00 Technical Review meeting, P&Z staff, ACHD staff and the Applicant discussed the possibility of a service/emergency driveway that would extend west from the south end of Teare Avenue and connect with Victoria Street, running along the north boundary of Lot 2, Block 2. Such a driveway would meet ACHD's accessibility requirement and minimize the amount of land required to construct a hammerhead, cul-de-sac or other turnaround. This service/emergency driveway must be located south of the required 20-foot planting strip. Staff also recommends a pedestrian walkway be provided from Teare to Victoria, which could be a integrated into the landscape strip (see Subdivision Ord. 12-4-3). 7. Ordinance 12-4-8.B. states, "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision." The Jackson Drain which courses the north of this parcel is such a natural feature, providing a habitat for red-winged blackbirds and other species, and must be preserved in the design and development of Lot 1, Block 3. It should not be piped and should become anopen-space amenity for the future apartment complex or other development on this lot. Staff recommends at least one side of the Jackson Drain be utilized as a linear pathway within the Planned Development. The drain continues to the northwest through Raleigh Hawe's currently undeveloped parcel and then connects with the only City-owned pathway in Fothergill Subdivision on Meridian Road. This section of pathway along the Jackson Drain would be a critical link to provide a continuous public pedestrian corridor from Meridian Road at Fothergill southeast to Locust Grove Road. 8. The Comprehensive Plan designates Fairview Avenue as an entryway corridor. As such, Staff recommends the Fairview landscape buffer be a minimum of 35-feet in width beyond the required ACHD right-of--way and constructed by the developer as a condition of the plat. The landscape buffer shall be placed within a permanent landscape easement beyond the future right-of--way designated as such on the plat. No landscape easement is currently shown. This requirement does not include interior lot landscaping. Interior landscaping on each lot will be dealt with on a site by site review basis as part of the Certificate of Zoning Compliance and building permit process. 9. Meridian Subdivision & Development Ordinance #12-4-7, "Planting Strips and Reserve Strips," requires a minimum 20-foot wide screen between incompatible development features, including commercial adjacent to residential. The screening shall not be a part of the normal street right of way or utility easement. There are six (6) common property boundaries within the proposed plat that propose a commercial zone immediately adjacent to existing residential property. These boundaries are: AZ-00-008, PP-00-008 Teare Terrece.A7.PP.doc HP LaserJet 3100 SENL CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 May-5-00 11:48AM Job Start Time Usage Phone Number or ID Type Pages Mode Status 791 5/ 5 11:42AM 5'46" 208 386 9076 Send .............. 10/10 144 Completed........................................ Total 5'46" Pages Sent: 10 Pages Printed: 0 bGE. C~aMa.81a 701 1r1lR E) 00{t /OSw f30g1ElMU !« poElNFMO~ Tw GAGWOer tiww 9ppti ply ~iw 7E0~0T5 OWE 5500 MMw hMr 10 (Yr~u3goo+rl Ilr TMn T~np (AZ.Pq-~dfamntnY CC+ O W5r1 ORr^MM Ol~rrCw~.w Ollr»Mly OlM~~~ ~''1, ~"1 HP LaserJet 3100 AU HOC BROADCAST REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 May-5-00 3:58PM Job Phone Number Start Time Pages Mode Status 798 798 4591952 .......................... 3869076 .......................... 5/ 5 3:44PM...... 5/ 5 3:52PM...... 10/10 10/10 BC .......... BC .......... Completed........................................ Completed........................................ 200E CttnMa, 6b. 201 Mtltt4 C lbt2 bait 120~d6x1 • ~ ~ Fec ~~~ ~ Ta Wny Abwod - ryant Sorya pay htt ~t952 Ra1u SQ/00 ~M Noate 10 (Ultlutllrp Cd9h M Tw Trwot (A2. PPS- CGti qll f3Ypar ®QM EnpYlw~ aWRo0mnoiRO 3BBa078 ^ V+/MM 0 Rtr RwNw ^ Flttta CamarM ^ lltatt Rely ^ ~Mwta Ratyda +~ .~ ~i ~e~ APR 2 ~ ~pa(~ Chia ~. ~~~+ ~~~~~: ~.,~'~d 7'la~~r~ui & ~lle~cia'ia~ ~I~vcigatcar.~ ?~~tct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 April 19, 2000 Will Berg, City Clerk Meridian Planning 8 Zoning Commission 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: AZ-00-008 Rezone AP-2 to CG, R-15 and R-8 for Proposed Residential and Commercial Teare Terrace Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above referenced application. Sincerely, Bil/ I He on~A~s~st. V1/ater Superintendent NAMPA 8 MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent y~ _..-_.- -_, -~ -~ .i ~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 .- ~ i MAYOR ~ ~ ~ ~`' ~ ~ HUB OF TREASURE VALLEY r~ ' Robert D. Come A Good Place to Live ~~'' CITY COUNCIL MEMBERS CITY OF MERID r ~ Ron Anderson. 33 EAST IDAHO ~" ,,, Keith Bird. MERIDIAN, IDAHO 83642 Tammy deWeerd is ~ (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless 4 " ~ City Clerk Office Fax (208) 888-4218 ~ 4' r PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 ~k ., TRANSMITTAL 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 ~ Zoning Commission, please submit your comments and recommendations ~:- to Meridian,City Hall, Attn: Will Ber , Cit Clerk b : Aril 28 2000 .~ ,,, 9 Y Y p ~, TRANSMITTAL DATE: April 12. 2000 HEARING DATE: May 9, 2000 r '' FILE NUMBER: AZ-00-008 :a ~z. REQUEST: 23.6 ACRES FOR PROPOSED RESIDENTIAL & COMMERCIAL TEARE r ~. TERRACE COUNTY ZONE_AP-2 TO CG, R-15 AND R-8 ,, ~~ BY: ZAMBEZI GROUP IDAHO GENERAL PARTNERSHIP *, q ~~ LOCATION OF PROPERTY OR PROJECT: FAIRVIEW AVENUE, S6 T3N R1E :' ," • = SALLY NORTON, P2 MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ~° ~~ THOMAS.BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT ~~;'` RICHARD HATCHER,! P/Z COMMUNITY. PLANNING ASSOCIATION ' ~°~ KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ~ ~~ ~~ '~ ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT '~ _` " RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHERIE McCANDL.ESS, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) +' KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) r ~; T~~11MY de WEERD, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) <~" WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) ,: ~ ;,: SEWER DEPARTMENT SANITARY SERVICE ' BUILDING DEPARTMENT :' FIRE DEPARTMENT YOUR CONCISE REMARKS:~I/IJ ~Gt~'iRr~,S~ POLIO DEPARTMENT _~ 1p CITY ATTORNEY ~ 'r CITY ENGINEE '~ -CITY PLANNER - r LEGAL DEPARTMENT t ~ ~ T (208) 288-2499 • Fax 288-2501 MAYOR ""`~ HUB OF TRE.aSURE VALLEY ,.., Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNC CITY OF MERIDIAN `~°s> zs8.2a~9 . Fax 28$_2501 IL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (2os> 837~2'll 'Pax 8s7-1297 Tammy deWeerd (20S) 888-4-133 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6354 TRANSMITTAL 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 ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000 TRANSMITTAL DATE: April 12, 2000 HEARING DATE: May 9, 2000 FILE NUMBER: AZ-00-008 REQUEST: 23.6 ACRES FOR PROPOSED RESIDENTIAL ~ COMMERCIAL TEARE TERRACE COUNTY ZONE AP-2 TO CG. R-15 AND R-8 BY: ZAMBEZI GROUP IDAHO GENERAL PARTNERSHIP LOCATION OF PROPERTY OR PROJECT: FAIRVIEW AVENUE, S6 T3N R1E SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT F1.RE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR C E REMARKS: 60"3~Jdd bbL0b8880Z y,,,~ Lb:80 00. bT ode .; ~-.. MAYOR HUB OF TREASURE VALLEY Robert D. Cowie A Good Place to Li~c LEGAL DEPARTMfiNT CI'~Y OF MERIDIAN • ,'os) PU L C WORKS4•ZSOI CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPAR?MENT Kcith BirJ MERIDIAN, IDAHO 83642 (203) SS?-231 i • Fix a3?.1297 Tammy deWeerd (208) 888-1131 -Pax (208) 88?-1813 PLANNING AND ZONING Cherie McCandless City Clerk Office Pax (2Q8) 888-421 S DEPARTMlrNT (20S) SSa-5533 • Fix 334.6SS~t TRANSMITTAL TO AGENCIES FOR COM1vXENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 28, 2000 TRANSMITTAL DATE: April 12~ 2000 HEARING DATE: May 9.2000 FILE NUMBER: AZ-00-008 REQUEST: 23.6 AGRES FOR PROPOSED RESIDENTIAL 8~ COMMERCIAL TEARS TERRACE COUNTY ZONE AP-2 TO CG, R-15 AND R-8 BY: ZAMBEZI GROUP IDAHO GENERAL PARTNERSHIP LOCATION OF PROPERTY OR PROJECT: FAIRVIEW AVENUE, S6 T3N R1E SALLY NORTON, P/Z MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH 50RUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT I/SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division ~1"HEALTH DEPARTMENT Rezone # ~~_ ~~ ` ~ mss( Conditional Use ## Preliminary / Finat /Short Plat /~-diet= i`:~i?.~~ r Return to: ^ Boise ^ Eagle ^ Garden City ,Meridian ^ Kuna ^ Acz 1. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal ^ 4• We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. 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~/06 Reviewed By: ~~~z~~~~'/ CDHD 10/91 rcL, n,.,,,, Review Sheet .•~ ** TX CONFIRMATIQv,.cPORT ** DATE TIME TO/FROM 03 04/14 12 06 2083449140 CZt~- ' ~ ~,~,~~' 3 ~~ 9/~0 ~/~~/~o AS OF APR 14 '00 1.., 2 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD#t STATUS EC--S 05'52" 010 199 OK 2088886854; Jan•31.00 10:27AM; ~~ Ra~e,3~ . ~ - CITY OF MERJ.UTAN 33 Fa9t Ida]w Street, Meridian, [D 83642 T'honc: (208) 68H-A433 Pau: (2U8) 887813 ~~\ 0 ~ ~~ ~~ ~` i _. . ~' A -oo-oo$ APPLj~,4T[ON FOR ANNExg'j'J )N AND ZONINCY OR RFZONIJ PROPOSED NAMJb U2' $LTBDTVISION: T~At~ ~ ~I'`r= ;=:RAG~ GENERAL LOCATfO'N: ~/~~1;,`,I I~_A~ir--- , ~~ ~~`~ SW ~~'~~ S G~ ~' 3N P.IE TYPE(RIESIDEN'fTaI,1NDUSTRIAL,C()MMEkCiAL): ~~=t~~~~- 'Ip'~l„~ CQYvtYV1~i<!'-AI_ ,~ < + ACRES OF LAND QV PROPOSED ANNEXATION: ~-- ~ ' ~•~ - PRESENT LAND USE: VA C A nl i PROPOSED LAND USE: _ t;' ~: `. ~ ,.~r ^; ~, ~. ~. ~ ~1 L ~ r J U ~~ rat Nt i;u-l' ~ i A ~••~ PRESENT ZONING DTSTRICT: ,A P - ~ C O U r`~ Z.ca r,! 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