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Wilkins Ranch AZ 00-016HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS CITY OF MERIDIAN 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 City Clerk Office Fax (208) 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: July 7 2000 TRANSMITTAL DATE: June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development, LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 _POLICE DEPARTMENT C ITY ATTO RN EY _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: APPLICATION FOR ANNEXATION (WILKINS RANCH VILLAGE) 1. Steiner Development, LLC (554 E. Bellevue Road, Suite B, Atwater, California 95301) Phone: 884-2076. 2. Louis J. Steiner (554 E. Bellevue Road, Suite B, Atwater, California 95301 Phone: 884-2076. 3. Notarized Request attached. 4. Legal description attached. 5. The parcel is currently being used for agricultural purposes and has an existing single family dwelling located on Ustick Road. 6. The proposed development consists of (48) single family dwelling lots, a 20 foot landscape buffer adjoining Ustick Road and the collector roadway, Wilkins Way and a centrally located pocket park. 7. The parcel is currently zoned RT (Rural Transition) under jurisdiction of Ada County. McAom 8. The proposed zoning designation is R -S ( Density Residential). 9. The parcel borders Dakota Ridge Sub., Wilkins Ranch Sub., and a future elementary school. All adjacent parcels are zoned R-4. This property should be annexed since the City limits surround the parcel. 10. The requested R-4 zone is consistent with the zoning designations in this area. City sewer and water facilities are available to the property in Wilkins Way. 11. The Meridian Comprehensive Plan designates this area as single family residential. This development would be in compliance with the single family classification. 12. (100) scale vicinity map attached. 13. (30) copies of 300 scale vicinity map is attached. 14. List of property owners within 300 feet is attached. APPLICATION FOR ANNEXATION (WILKINS RANCH VILLAGE) 15. Annexation fee attached: $575.91 16. Affidavit of posting is attached. 17.Affidavit of accuracy is attached. DESCRIPTION FOR PROPOSED WILKINS RANCH VILLAGE SUBDIVISION June 1, 2000 A parcel of land located in the NE % of the NW'/ of Section 3, Township 3 North, Range 1 West,, Boise Meridian, Ada County, Idaho, more particularly described as follows: , . <•: .. � _ Commencing at the northeast corner of the NW % of Section 3, T.3N., R.1 W., B.M., thence S 00027'37" W 73.00 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision; Thence N 89°10'28" W 570.83 feet to a point; Thence S 45°49'27" W 28.28 feet to a point; Thence S 00°49'22" W 138.15 feet to a point; Thence N 89°10'28" W 20.00 feet to a point-, Thence S 45°49"27" W 28.28 feet to a point; Thence S 00°4922" W 35.03 feet to a point; Thence along a curve to the left 30.16 feet, said curve having a radius of 125.00 feet, a delta angle of 13°49'22", tangents of 15.15 feet, and a long chord bearing S 06005'19" E 30.08 feet to a point; Thence S 13°00'00" E 58.38 feet to a point; Thence along a curve to the right 54.28 feet, said curve having a radius of 225.00 feet, a delta angle of 13°49'22", tangents of 27.27 feet, and a long chord bearing S 06°05'19" E 54.15 feet to a point; Thence S 00049'22" W 133.20 feet to a point; Thence along a curve to the right 19.71 feet, said curve having a radius of 325.00 feet, a delta angle of 03028'29", tangents of 9.86 feet, and a long chord bearing S 02°33'36" W 19.71 feet to a point; Thence S 40°21'05" E 28.11 feet to a point-, Thence S 05°00'00" W 50.00 feet to a point; Thence S 85000'00" E 3.45 feet to a point; 990412\village legal.des Thence S 21 000'00" W 107.28 feet to a point; Thence S 85000'00" E 199.27 feet to a point; Thence S 70000'00" E 204.46 feet to a point; Thence S 84003'03" E 95.71 feet to a point; Thence S 90000'00" E 143.73 feet to a point on the east line of said NW'/4; Thence N 00°27'37" E 766.50 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision, comprising 10.19 acres, more or less. zo Michael E. Marks, P.L.S. No. 4998` 0 plc OF�� ABL B. 990412\village legal.des STATE OF IDAHO COUNTY OF ADA 1.0 I ss Name AFFIDAVIT OF LEGAL INTEREST (416g'- 6,5 �4 e - 4�-� Z5 /U 4, Address being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to 14W (name) (address) a -e) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this __Z:— day of / i SUBSCRIBED AND SWORN to before me the day and year first above written. 000uuuauv00000 PIS. ,$ TR !""'a> 0000 p OEDD Op (� °d °�y��s•;-;,�p�pp°°��'�° N tary Public r I aho iT Residing at J L� ©oo� �m My Commission Expires: iD `��0<J6f:0II90� .... J Yyrw �t FEE. eCEPVT Y TRri POIt1A TORrtLS1I1'D COtrRT6SY OF: 's" � 23 � �� ( r"/ ArtrAx� & � 99062 2� 4 ESCROWCORP.IANGE TITLE VAaAWnnmLMra YaMRUM DAU 2500 Order NO.: 9BOT7294 SL -P3 WARxANW DMD PWIFE (ALSO MMm OF RECORD ASL��S, fiUS$AND ADID JOM ADRIAN WIWCINS) GRANTOR(S). docs(do) hacby GRANT, BARGAIN, SELL and CONM unto LOU'S J. STEINER. A MARRIED MAN AS HIS SOLO AND SEPARATE PROPERTY GRANTE=,whoseeurr=addrem ic:. S54 E. SELLrM RD. • State Idaho. Marc pp 95301 utialulY the fotlowWl desaihed rat property in ADA county, dexribod a: MOM, to wit As est forth on the attached EXHIBIT "A", which by thio reference becomes a part hereof. TO HAVE AND TO HOLD the said premises. with their appar=zres utdo the said Grantoe(c). Bad t,, =bm(s) heirs and assigns f=m. And the said G=tot(s) doa(do) hereby cm== toUW with the said Gramx(s). that GOWAr(s) ialm the ow=(6)in fee sample of said peemism; that card premises sre free from All ooeumbnmm, FXCEPT these to wbich this coareyance b vgmdy made subject and those made, suffered or dome by die C4wd e(s); and aubjtxt to fe er"doas, festricti tm. ded'icatioma. cucments, fWas of way ttmd Nnemats. (if lay) of I= d, and lenerd tau: and usmmc=. (IacbttltnR Wim► and aft u:so vrfft&, If mtA: for- ft eurrm year. wbich ace not yet dao and payable, and that t,rsaWS) wiri warrant and ddend dome em to Im t claims whatsoever• DMd: April 30, 1999 A. xzLKIN3 44 ILKINS STATE OF IDAHO ) COUNTY OF ADA ) On this 17 I'vday of is the year of 0 4 t , before me, the undmWied, a Notary Public is and for said Stan, pefsotulty appeared JOHN A. WILKINS AND RM ld. WILMS known or idtnttifitd to me to be the person(:) whm name(e) istue subscnbcd to the within instrumemt, and acknowledsed to rte drat helshelthey cfCcTu tbt saute. CB ZI( r0T~jr at mor Name: t ' ,r; ^ Rcaidina at: 6 0-t/a:c.� / My Commimaon fiMIM: MAR -27-2000 1129 208 373 3675 97Y. P.02 ORDER. No. 98077294 SL EXHIBIT "A" PARCEL I A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 3 North Range 1 West, soiee Meridian, Ada County, Idaho, more particularly described as follows: ComrSHCING at the Northeast corner of the Northwest Quarter of Section 3, Township 3 North, Range 1 -Nest, 8oiae meridian, thence South 00 degrees 27.37" West 642.07 feet along the East line of said Northweat Quartet to the IDEAL POINT OF BECINN= of this descriptions thence continuing South 00 degrees 27137" West 523.27 fact along the Bast line of said Northwest Quarter to the Southeast corner of the Northeast Quarter of said Northwest Quarter, said point being on the northerl�y boundary of THE LAKE AT CHERRY LANE NO. 4 MEMO, thence North 89 degrees 19,09" West 834.63 feet along the South line of the Northeast Quarter of said Northwest Quarter to a point an the centerline of the Eight Mile Lateral; along the centerline of the Eight Mile Lateral the following; thence North 35 degrees 37'25" West 89.61 feet to a point; thence North 36 degrees 08'25" West 153.90 feet to a point; thence North 43 degrees 13'31" West 408.30 feet to a point; thence along a curve to the left 66.90 feet, said curve having a radius of 750.00 feet, a delta angle of 05 degreee 151490, tangents of 34.47 feet, and a long chord bearing North 45 degrees 51'25" West 68.89 feet to a point on the Nest line of the Northeast Quarter of said Northwest Quarter; Leaving the centerline of the Hight Mile Laterals thence North 00 degrees 33102" Haat 809.98 feet along the West line of the Northeast Quarter of said Northwest Quarter to a point an the southerly right-of-way of Ustick Road; thence South 89 degrees 10128" Bast 259.07 feet along said right- of-way to a pointy thence South 00 degrees 32159" West 649.80 feet to a points thence South 11 degrees 09'41" Bast 28.11 feet to a points thence South 43 degrees 13123" Bast 231.72 feet toa points thence North 64 degrees 00100" Bast 152.58 feet to a point; thence North 22 degrees 00,000 east 77.20 feet to a points thence south 79 degrees 28146" Bast 16.37 feet to a points thence South 66 degrees 00100" Bast 50.00 feet to a pointr thence South 95 degrees 00100" Bast 229.91 feet to a points thence South 70 degrees 00100" Bast 188.71 feet to a point; thence South 80 degrees 00100" East 55.85 feet to a points thence South 89 degrees 00.00" Bast 169.19 feet to the REAL POINT -1- IIAR-27-2000 11:30 208 373 3675 96% P.03 ti continuation of Exhibit — order No.:96077294 SL Or BEGINNING. PARCEL Ix R parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 3 North, Range i Vogt, Bolsa Meridian. Ada County, Idaho, more particularly described ds follows: MN43NCD G at the tlortheast corner of the Northwest Quarter of Section 3, Township 3 North, Range 1 Nest, Boise Meridian, thence South 00 degrees 27137' Kest zs.00 feet along the East line of said Northwest Quarter to a point on the South right of v8Y of vetick Road; thence North 89 degrees 10'28" West 202.27 feet along the South right of Way of Vatiek Road to the REAL. POINT OF BgGINNING of this description; thence South 00 degrees 49132• Weat 161.23 feet to a point; thence North 89 degrees 10.28" West 150.21 feet to a point; thence South 00 degrees 4932" Nest 87.57 feet to a point; thence South 35 degrees 33'04" West 101.19 feet to a point; thence North 89 degrees 10'28" West 89.76 feet to a point; thence North 00 degrees 49321, East 221.84 feet to a point; thence North 74 degreee 03'17" East 75.79 feet to a point; thence North 00 degreee 49'32" East 88.25 feet to a point on the South right of way of Ustick Road; thence South 89 degrees 10'28" East 225.05 feet to the REAL POINT OF BEGINNING, 6Z TOTAL P.04 MAR -27-2000 11:31 208 373 3675 94% P.04 AFFIDAVIT OF POSTING STATE OF IDAHO ) COUNTY OF ADA ) I, STEVE ARNOLD, (BRIGGS ENGINEERING, INC.) 1800 W. Overland Road (name) (address) Boise Idaho 83705 , being first duly sworn upon (city) (state) oath, depose and say: I will personally post the subject property with the hearing notice sign one week prior to the public hearing for the annexation, re -zone, planned unit development (CU) and preliminary plat of Wilkins Ranch Village Subdivision. Dated this �day of IJ2000 ignature) SUBSCRIBED AND SWORN to before me the day and year first above written. .S +OTAR�-��i� 'y, A G °43�0 F 990412\affid-posting kwax i as6L�:2 *tart' Publiq4or Idaho Residing at —t-oi Se– My Commission Expires: cp AFFIDAVIT OF ACCURACY STATE OF IDAHO ) COUNTY OF ADA ) I, BECKY L. BOWCUTT, (BRIGGS ENGINEERING, INC.) 1800 W. Overland Road (name) (address) Boise Idaho. 83705 , being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. Dated this day of nature) SUBSCRIBED AND SWORN to before me the day and year first above written. 14- S PRS�� w� !� eee.•oo v �oOT Aj? 990412\affid-accuracy li I 1 � 1 I 1 b�vlr Ir � d i I , 1 i it lit z Y Y Z I � = N. � E A { I I• I \� IIx �• d Y 4 � �• I �a z � � �• I� 1 r I « .r I Rr <ow P oil TURC 1 Y >( 1 I � rh 1 1 4 Sr IL <. ; u� T; i Yk€ 14 Ri S a o4'a i A � v wra..r PREUYM�ARY PIAT ��\�(,'• Wn1c[NS RANCH VIU AGE a a -A SUBDIVISION �1 4 x r V. a anor a wm. RMOM RRYR M R, _ ,ran• nniz , �..,• .i...u... • ML Mr OM • a.MM<M walla w• oOUMrr. orxo , .-- PARCEL PRIMOWNER ( R1717670160 DAKOTA RIDGE HOMEOWNERS ASSOC SECOWNER ADDCONCAT STATCONCAT Z R17176701 So LAIN MARTIN PAUL PO BOX 44739 LAIN JANET B BOISE, ID 83704-0000 3 RIT17670140 BUZZELL KYLE F 51203212800 STEINER LOUIS J 3954 W NIEMANN DR BUZZELL STEFFANIE A 3932 W NIEMANN DR MERIDIAN, ID 000083642 MERIDIAN, ID 000083642 S 81717670130 KOLNES MARKS R1717670430 DAKOTA RIDGE HOMEOWNERS ASSOC SUITE #B SCHAFFER TODD R 1332 NEW YORK ST ATWATER, CA 95301-0000 MERIDIAN, ID 000083642 R1717670M GRIFFIN DAVID D PO BOX 44739 GRIFFIN DIANE H 134 E PINE BOISE, ID 837044000 R1717670460 STEINER DEVELOPMENT LLC MERIDIAN, ID 83642-M R1717670460 MINER DEVELOPMENT LLC 654 E BELLEVUE RD STE B ATWATER, CA 95301-0000 81717670470 DEVELOPMENT LLC 554 E BELLEWE RD STE B ATWATER, CA 95301-0000 p S1203123610 WILJONSTEINER JOHN A 6 554 E BELLEVUE RD STE B WILKNS RUTH E ATWATER, CA 95301-0000 JOINT S i� S1203212700 JOINT SCHOOL DIST #2 3764 W USTICK RD MERIDIAN, ID 83642.5430 51203212700 STEINER LOUIS J 911 N MERIDIAN RD MERIDIAN, ID 83642-0000 IOSUITE SO4UUSS00 JOHNSON C FRANK & JEAN E TRST #B JOHNSON C F & J E CO -TRUSTEES 4010 W USTICK RD ATWATER, CA 95301-0000 SO4UU7100 JOHNSON C FRANK & JEAN E TRST SO434346600 JOHNSON C FRANK & JEAN E TRST JOHNSON C F & J E CO -TRUSTEES 4010 W USTICK RD MERIDIAN, ID 83642-5483 MERIDIAN, ID 83642-5483 i ( SO434438600 WILKINS JOHN A ET UX JOHNSON C F & J E CO -TRUSTEES 4010 W USTICK RD MERIDIAN, ID 83642-5483 3764 W USTICK RD MERIDIAN, ID 83642-5431 HALF MILE RADIUS MAP WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO PARCEL PRIMOWNER SECOWNER ADDCQNCAT PO BOX 44739 STATCONCAT BOISE, ID 83704-0000 RlT17670160 DAKOTA RIDGE HOMEOWNERS ASSOC 3954 W NIEMANN DR MERIDIAN, ID 000083642 ,P RITIT670160 LAIN MARTIN PAUL LAIN JANET B gUZZELL STEFFANIE A 3932 W NIEMANN DR MERIDIAN, ID 000083642 81717670140 BUZZELL KYLE F ATWATER, CA 95301-0000 51203212800 STEINER LOUIS J SCHAFFER TODD R 1332 NEW YORK ST MERIDIAN, tD 00008-3642 R1717670130 KOLNES MARKS RIDGE HOMEOWNERS ASSOC PO BOX 44739 BOISE, ID 83704-0000 ID 83642.0000 R1717670430 DAKOTA RIT17670440 GRIFFIN DAVID D GRIFFIN DIANE H 134 E PINE 654 E BELLEVUE RD STE B MERIDIAN, ATWATERCA 95301-0000 R1717670460 STEINER DEVELOPMENT LLC 654 E BELEVUE RD STE B ATWATER. , CA 95301-0000 R1717670460 .STE14ER DEVELOPMENT LLC 554 E BEL1LE1IUE RD STE B CA ATWATERATWATER95301.0000 R1717670470 STONER DEVELOPMENT LLC WILKNS RUTH E 3764 W USTICK RD MERIDIAN. ID 83642-6430 p S1203212510 WILI= JOHN A& 911 N MERIDIAN RD MERIDIAN, ID 83642-0000 7� 51203123600 JOINT SCHOOL DIST 112 SUITE 11B ATWATER, CA 95301-0000 51203212700 STEINER LOUIS J JOHNSON C F 3 J E CO TRUSTEES 4010 W USTICK RD MERIDIAN, ID 83642-0483 I JOHNSON C FRANK & JEAN E TRST O 50434346900 JOHNSON C F & J E CO -TRUSTEES 4010 W USTICK RD MERIDIAN, ID 83642-5483 SO434347100 JOHNSON C FRANK h JEAN E TRST JOHNSON C F & J E CO -TRUSTEES USTICK SO434346600 JOHNSON C FRANK 3 JEAN E TRST 37io W RD MERIDIAN, ID 83642-5431 1 50434438600 WILKINS JOHN A ET UX ------- - ---------- --- ---- ---------------------------------- --. ' i z s a c • • ' W. NIEMANN ST. 29 29 30 S1 32 33 Sf SS S• 37 S• ___.r____ BL p2 24 23 22 21 20 19 18 17 ______________- Y'11 rn W. CAMPFIRE ST. Q +6 i 1 '_____ ,Z 4 W 1 SITE 3 16 ' C BLOCKS w 14 ----i .- O- 2 S 4 •\ O 12 01 -.---------J / v %CITYUmjMT�; - y IN J'' �\� `♦ ,� `) ♦ `\ i i 1 ' ' , i 1. .�__-� � 1 ' , � 1 �� /' Tom/ ♦ /�, ,`,\ ♦\'___J ' � � �__-1-T --1_ � � � _—r__'—r' ` AA Os 7___-____�__ OON LAK ZONE BOUNDARY (TY DR. SCHOOL SITE Gi �Ort�► 9 VICINITY MAP - 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 114 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO WILKINS RANCH VILLAGE PROPERTY OWNERS WITHIN 300' JOHNSON C FRANK & JEAN E TRST JOHNSON C F & J E CO -TRUSTEES 4010 W USTICK RD MERIDIAN ID 83642-5483 W USTICK RD WILKINS JOHN A ET UX 3764 W USTICK RD MERIDIAN ID 83642-5431 W USTICK RD STEINER LOUIS J STEINER DEVELOPMENT LLC 554 E BELLEVUE RD STE B ATWATER CA 95301-2300 W USTICK RD 4085 W USTICK RD 3935 W NIEMANN DR DAKOTA RIDGE HOMEOWNERS ASSOC PO BOX 44739 BOISE ID 83704-0000 W USTICK RD N NAOMI AVE LAIN MARTIN PAUL LAIN JANET B 3954 W NIEMANN DR MERIDIAN ID 83642-0000 BUZZELL KYLE F BUZZELL STEFFANIE A 3932 W NIEMANN DR MERIDIAN ID 83642-0000 KOLNES MARK S SCHAFFER TODD R 1332 NEW YORK ST MIDDLETON ID 83644-0000 3910 W NIEMANN DR GRIFFIN DAVID D GRIFFIN DIANE H 134 E PINE MERIDIAN ID 83642-0000 3957 W NIEMANN DR GRANDVIEW HOMES LLC 4085 W USTICK MERIDIAN ID 83642-0000 3911 W NIEMANN DR GLENN JOHNSON HOMES INC 2424 S MAPLE GROVE RD BOISE ID 83709-0000 3893 W NIEMANN DR JOINT SCHOOL DIST #2 911 N MERIDIAN RD MERIDIAN ID 83642-0000 W USTICK RD 101�1 CITY OF MERIDIAN �3 East Idaho Street, Meridian, ID 8364 Phone: (208) 888-4433 jJ Fax: (208) 887-4813 JUN 0 1 2000 CITY OF MERIDIAN APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Wilkins Ranch Village GENERAL LOCATION: NW 1/4 Section 3 T 3N R 1 W (South of Ustick & east of Black Cat) TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Residential ACRES OF LAND IN PROPOSED ANNEXATION: 10.19 Acres PRESENT LAND USE: Residential and Agricultural (1) existing home PROPOSED LAND USE: (48) single family lots (PUD) PRESENT ZONING DISTRICT: RT (Rural Transition) PROPOSED ZONING DISTRICT: R-4 (Low Density Residential) APPLICANT: Steiner Development LLC PHONE: 884-2076 ADDRESS: 554 E. Bellevue Road Suite B Atwater CA 95301 ENGINEER, SURVEYOR, OR PLANNER: Briggs Engineering, Inc. PHONE: 344-9700 ADDRESS: 1800 W. Overland Road Boise Idaho 83705 OWNER(S) OF RECORD: Louis J. Steiner PHONE: 884-2076 ADDRESS: 554 E. Bellevue Road Suite B Atwater CA 95301 Signature of pplicant 990412\annex-rezone-mer APPLICATION FOR ANNEXATION (WILKINS RANCH VILLAGE) 1. Steiner Development, LLC (554 E. Bellevue Road, Suite B, Atwater, California 95301) Phone: 884-2076. 2. Louis J. Steiner (554 E. Bellevue Road, Suite B, Atwater, California 95301 Phone: 884-2076. 3. Notarized Request attached. 4. Legal description attached. 5. The parcel is currently being used for agricultural purposes and has an existing single family dwelling located on Ustick Road. 6. The proposed development consists of (48) single family dwelling lots, a 20 foot landscape buffer adjoining Ustick Road and the collector roadway, Wilkins Way and a centrally located pocket park. 7. The parcel is currently zoned RT (Rural Transition) under jurisdiction of Ada County. 8. The proposed zoning designation is R-4 (Low Density Residential). 9. The parcel borders Dakota Ridge Sub., Wilkins Ranch Sub., and a future elementary school. All adjacent parcels are zoned R-4. This property should be annexed since the City limits surround the parcel. 10. The requested R-4 zone is consistent with the zoning designations in this area. City sewer and water facilities are available to the property in Wilkins Way. 11. The Meridian Comprehensive Plan designates this area as single family residential. This development would be in compliance with the single family classification. 12. (100) scale vicinity map attached. 13. (30) copies of 300 scale vicinity map is attached. 14. List of property owners within 300 feet is attached. APPLICATION FOR ANNEXATION (WILKINS RANCH VILLAGE) 15. Annexation fee attached: $575.91 16. Affidavit of posting is attached. 17.Affidavit of accuracy is attached. -------- •------------------------------------ ----- ' z 3 a 6 8 t e o i W. NIEMANN ST. t 28 29 30 91 92 99 94 95 98 37 98 --------------- BL CIC 28 25 24 23 22 21 20 18 1 B 17 W. CAMPFIRE ST. 18 ----1 'i ` i� 1 4 16 iSITE ,Y ' ' -1 ' C BLOCK 3W 14 < 9 � rp. � s ti S DR. ZONE BOUNDARY (TYP) 1 1 SCHOOL SITE VICINITY MAP - V=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO 'i-----1---- 1 z 3 R0Ck N u 4 \4gp4+ 1 6 8 Z 11 8 1C "ME pi CIT LIMN; ,/`` -- -- --- o A ♦ ., r -_ T__1 ` < 9 � rp. � s ti S DR. ZONE BOUNDARY (TYP) 1 1 SCHOOL SITE VICINITY MAP - V=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO 'i-----1---- JA �,iuned affidavit stating that the property will be posted 1 week before the public hearing. PLEASE PROVIDE THE FOLLOWING INFORMATION ON A SEPARATE SHEET OF PAPER AND/OR ON SEPARATE ATTACHMENTS ✓dame, address, and phone number of applicant; m Name, address, and phone nuber of owner of subject property and proof of title of said owner warranty deed QIP' Notarized request for zoning amendment from titled owner, successor of said owner, valid title option holder, or contract purchaser with consent from the titled owner if not requested by titled owner Legal description of property including all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property which is signed and stamped by a land surveyor registered in the State of Idaho; /Description of present land use; �,<6/Description of proposed land use; Present zoning district and jurisdiction; Proposed zoning district; 9. , A statement describing the characteristics of subject property which make the zoning amendment desirable; A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; //A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan; /One (1) map of scale of one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; A list of the mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. (S) A fee established by the Council; c 57/ Less than 1 acre = $400.00. Over 1 acre = $400.00 plus $15.00 for each additional acre or portion thereof. 73 In addition to above fee applicant shall pay cost of certified mailings at a rate of $1.6-7per notice. Please double the mailing fee on this application. (All annexation & zoning or rezone applications require two public hearings — 1 before Planning & Zoning Commission and 1 before City Council). Master\Meridian\annex-zone-rezone-chkIist v � o0o Aft I Mm v 0 _ ? D Ln( _m o(np Cn N m m CD CL CD O m ZDV 9 m w C)m v D m O0000 p Ln 9. -+ N .Z O 0 00x ° (D � O r a co a '3 CD w :CD I a cn ru r r 'n O r Ln lJl LIQ ru r � O a� CD ° r N O w (A O W ru O o o cD m03 ru 00 0 F, p a m rCCD r w CA w fA _N , D CD 3 'CO ° c w Q 3' N 0 2 8 rc >@ L u � -lc--a-,or, c .2 ca Li O0 (')cr) E CO U IX Q z_ N O oZ a0 � O 0 J c X Q Q F- ai � ►— O CL z L � a a _ o a < � M � r a � a � C 2 E a E Q � a N U a F N N C � � O � v ^ > a 0 o N O V J 0 L) U m t T � It 00 O d0 U d T d c d a U y T V ) o a) � N U LON y N _o °z I N 47 I I I ro I I I IaI O z Q I CD JO z Q N O IX Q z_ N O oZ a0 0 J c X Q Q F- ai � ►— O O z L a _ o a < � M � r a � a � C 2 a E � a N C � � O ^ > a o N O V J m t T � It 00 d c a U o N z LON I I I I I I I I IaI O z Q I STATE OF IDAHO COUNTY OF ADA I �.=FIDAVIT OF LEGAL INTEREST ss Name e A�eu.Elu4- Address dk 95� 1 , being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to All j� (name) (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this �tday of 1144�� i --"nature) SUBSCRIBED AND SWORN to before me the day and year first above written. OQ�pb UpJ�{u a JUA'tiQpOpO . N tary Public r I aho Residing at My Commission Expires: Qp C"00 0 ? VDPpb°� MAR -27-2000 11:38 PIONEER TITLE CUST SERVIC 208 373 3675 P.02iO4 • J. AVI(3 NA [R DPI S=. ID FEE12agEPUT Y Ma row PUP. IM COVRMISY OF: ^ li!lJN23 AM 30 9906242. �[l SOE & JUJAIII,FRU CEPATM-E RAW i AP Y OMPMAt Man "M Un yM lurtmofflG DATA — order No.: 98077294 SL-" 2540 WARRAWY DEED FOR VALUE RECBN® joHm A. WILKI14S AM ADRIAN H E. WSLKINS. HUSBAND AND WIFB (ALSO KNOMN OF AS "M GRANTOR(S). A �MARR ED MAN STTHIS SOLE SSELL AND SELOU'S J. SEPARATE pR PO ERTY 5301 GRANTBE(S), whose caricas address is: 554 SADA County, StatATWATER, CA 9 State of Idaho. Mort p atticulIrlY the following descrlhcd real PmPtM is described as follows, to wit Asset fort omeehe on the attached EXHIBIT "A", which by thio ce TO HAVE ANP TO HOLD the said premises, with their appw1e sancta unto the Said Granwe(s), sod Granu*s) hazy sad assigns forever. Aad the said Graatos(s) does(do) hereby covenant to and with the said mss), that GraaUOt(a) is/at the owacr(s) in fee $*IS of Md y made subject ld those made, suffexed all �, EXCEPT those to which dti3 comeya= is carp of way and or done by the Qw-dee(s); sad cubic" to feser"dons, rMicdons, dedusdons, easen=-, rj&hu sgreeo=ts, (if any) of record, sad general taxes and assessments, (Mlndiag irriBsiioa and utility antuff a Ats, if any) for the tai Tm year, which are not yet due and payable, sad that GrIntor(s) will warrranc and defextd the same front all lawful clahns whauoevef. Dated: April 30. 1999 HN A. WILKINS x STATE OF IDAHO COUNTY OF ADA R R.ILKINS On this / 7 ovday of pLrT- in the year of 1,111 , before me, the undersigned, a Notary Public is and for said State, personally appeared JOHN A. WILKINS AND RUTH E. WILKINS known or identifitd to sac to be the person(s) whose nsme(s) islare subscribed to the within instrument, and acknowlodied to me that helshelthey ecce p"cto same. R �; •: '`� ��' Cp Signature: ��`� 4 � VOTAAj, f Name: Rcsiding at ire or SOA MV commission Expires: I MAR -27-2000 11:29 208 373 3675 97%1 P.02 [1HR-27-2000 11:40 PIONEER TITLE CUST SEROIC 208 373 3675 P.03iO4 ORDMt. mo. 98077294 SL EXHIBIT "A" PARCEL I A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 3 Borth Range 1 west, Boise Meridian, Ada County, Idaho, more particularly described as follows: cOMMENCING at the Northeast corner of the Northwest Quarter of Section 3, Township 3 North, Range 1 Nest, Boise Meridian, thence South 00 degrees 27137- west 842.07 feet along the Bast line of said Northwest Quarter to the REAL POINT OF BEGINNING of this description; thence Continuing South 00 degrees 27137" west 523.27 fact along the Bast line of said Northwest Quarter to the Southeast corner of the Northeast Quarter of said Northwest Quarter, said point being on the northerly boundary of THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION; thence North 89 degrees 19109" gest 834.83 feet along the South line of the Northeast Quarter of said Northwest Quarter to a point on the centerline of the Eight Mile Lateral; along the Centerline of the Eight Mile Lateral the following; thence North 35 degrees 37125" west 89.61 feet to a point; thence North 36 degrees 06'25" West 153.90 feet to a point; thence North 43 degreee 13'31" Weat 448.30 feet to a point; thence along a curve to the left 68.90 feet, said curve having a radius of 750.00 feet, a delta angle of 05 degrees 15149 tangents of 34.47 feet, and a long chord bearing North 45 degrees 51'25" West 68.89 feet to a point on the West line of the Northeast Quarter of said Northwest Quarter; Leaving the centerline of the Hight Mile Lateral, thence North 00 degrees 33102" Bast 809.98 feet along the West line of the Northeast Quarter of said Northwest Quarter to a point on the southerly right-of-way of Ustick Road; thence South 89 degrees 10'28" East 259.07 feet along said right- of-way to a pointy thence South 00 degrees 32159" Hest 649.80 feet to a point; thence South 11 degrees 09'41" Bast 28.11 feet to a point, thence South 43 degrees 13123" East 231.72 feet to a point, thence North 64 degrees 00'00" East 152.58 feet to a point; thence North 22 degrees 00100" Bast 77.20 feet to a point; thence South 79 degrees 28146" Bast 16.37 feet to a point; thence South 66 degrees 00100" Bast 50.00 feet to a pointy thence South 65 degrees 00'00" East 229.91 feet to a point; thence South 70 degrees 00'00" Bast 168.71 feet to a point; thence South 80 degrees 00'00" Bast 85.85 feet to a point; thence South 69 degrees 00'00" Bast 169.19 feet to the REAL POINT mc MAR -27-2000 11:30 208 373 3675 961 P.03 MAR -27-2000 11:41 PIONEER TITLE CUST SEPOIC Continuation of Exhibit A order No.:98077294 SL 0£ BEGINNING. PARCEL IX A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: oofsSeection 3t Township h3aQuarter North, Range I West, Boise Meridian, thence South 00 degrees 27137" west 2x.00 feet along the East line of said Northwest Quarter to a paint on the South right of way of U6tick Road; thence North 89 degrees 10'28" west 202.27 feet along the South right of Way of ustick Road to the REAL POINT OF BEGINNING of this description; thence South 00 degrees 49132" West 161.23 feet to a point; thence North 89 degrees 10'28" west 150.21 feet to a point; thence South 00 degrees 49'32" West 97.57 feet to a point; thence South 35 degrees 33'04" West 101.19 feet to a point; thence North 89 degrees 10'28" West 89.76 feet to a point; thence North oo degresS 49'32" East 221.84 feet to a point; thence North 74 degrees 03'17" East 75.19 feet to a point; thence North 00 degrees 49'32" Eaat 88.25 feet to a point on the South right of way of Ustick Road; thence South 89 degrees 10'29" East 225.05 feet to the REAL POINT OF BEGINNING. -2- MAR-27-2000 11:331 7-108 373 3675 208 373 3675 94% P.04/04 TOTAL P.04 P.04 AFFIDAVIT OF POSTING STATE OF IDAHO ) COUNTY OF ADA ) I, STEVE ARNOLD (BRIGGS ENGINEERING INC.) 1800 W. Overland Road (name) (address) Boise Idaho 83705 , being first duly sworn upon (city) (state) oath, depose and say: I will personally post the subject property with the hearing notice sign one week prior to the public hearing for the annexation, re -zone, planned unit development (CU) and preliminary plat of Wilkins Ranch Village Subdivision. Dated this _day of 2000 ignature) SUBSCRIBED AND SWORN to before me the day and year first above written. ,��°• Vit. '©o 91 OTAk � �� &B 0C, ®>$ 990412\affid-posting FROM .. bligor Idaho • - • • t--6 My Commission Expires: AFFIDAVIT OF ACCURACY STATE OF IDAHO ) COUNTY OF ADA ) I, BECKY L. BOWCUTT, (BRIGGS ENGINEERING, INC.) 1800 W. Overland Road (name) (address) Boise Idaho, 83705 being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. Dated this day of 46'6�e nature) SUBSCRIBED AND SWORN to before me the day and year first above written. 990412\affid-accuracy I u ' • • •. • .FFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) I, �Du l � `� �� ✓ �� S� l! . (/amu- LG le -e 4 - Name Address jet � �t �,� &4-95� / , being first duly sworn upon (city) (state) te oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to /ew I W, C �S (name) (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this _2.— day of SUBSCRIBED AND SWORN to before me the day and year first above written. op6racuaa�;eao O� �0 4C� �'•y l' e7pCOOpp��_gy d�� oC k s o 5. • s` `T� R o a 0 c� _ - ' c-• � oa C. v G -^ p, O (J"0, � • I I 1L.0 in My Commission Expires: iD its- IA 19$m� IIJ �1I,I' I�• w��I7 / �1 �•, i 11 L_ \�r/�q1 ,SGAm � . s w� V m� F_ its- IA 19$m� t IIJ �1I,I' I�• w��I7 / �1 �•, i 11 L_ \�r/�q1 ,SGAm V =mss'` tltl t RT RT sm EN Da m �o m� Jm* L-0 C LANE 0 1000 RT �\ 2000 Feet ii k m RT HALF MILE RADIUS MAP WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO ZONE BOUNDARY --------------------- ----------------------- - ----------------1---------------------------------------- - - - - -- - ---;----;;---------;----,----,-- --- , - W. NIEMANN ST. Q 29 29 90 91 32 99 94 95 99 A 98 Z - - - - - ', } 29 25 24 23 22 21 20 19j is 17 L J______________ r N W. CAMPFIRE ST. > 1e I ' 1 SITE ____y is BLOCK 9 ol\♦1. _10� 3 4 r 12 7 10 11 \ ___ OUPIAN CIVLIMIT- 1 \' . r 1 I ----- — --r— —-- -------- Q ____y `�• rol, L>I OON LAKI 1610 SCHOOL SITE ' CsE ------------- 1 , VICINITY MAP - 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., R.1W., B.M. ADA COUNTY, IDAHO DESCRIPTION FOR PROPOSED WILKINS RANCH VILLAGE SUBDIVISION June 1, 2000 A parcel of land located in the NE'/4 of the NW % of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of the NW % of Section 3, T.3N., R.1 W., B.M., thence S 00027'37" W 73.00 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision; Thence N 89010'28" W 570.83 feet to a point; Thence S 45049'27" W 28.28 feet to a point; Thence S 00°49'22" W 138.15 feet to a point; Thence N 89010'28" W 20.00 feet to a point; Thence S 45049"27" W 28.28 feet to a point; Thence S 00°49'22" W 35.03 feet to a point; Thence along a curve to the left 30.16 feet, said curve having a radius of 125.00 feet, a delta angle of 13049'22", tangents of 15.15 feet, and a long chord bearing S 06005'19" E 30.08 feet to a point; Thence S 13°00'00" E 58.38 feet to a point; Thence along a curve to the right 54.28 feet, said curve having a radius of 225.00 feet, a delta angle of 13°49'22", tangents of 27.27 feet, and a long chord bearing S 06005'19" E 54.15 feet to a point; Thence S 00049'22" W 133.20 feet to a point; Thence along a curve to the right 19.71 feet, said curve having a radius of 325.00 feet, a delta angle of 03028'29", tangents of 9.86 feet, and a long chord bearing S 02033'36" W 19.71 feet to a point; Thence S 40°21'05" E 28.11 feet to a point; Thence S 05000'00" W 50.00 feet to a point; Thence S 85°00'00" E 3.45 feet to a point; 990412\village legal.des Thence S 21'00'00" W 107.28 feet to a point; Thence S 85000'00" E 199.27 feet to a point; Thence S 70000'00" E 204.46 feet to a point; Thence S 84°03'03" E 95.71 feet to a point; Thence S 90000'00" E 143.73 feet to a point on the east line of said NW 1/4-1 Thence N 00°27'37" E 766.50 feet along the east line of said NW Y4 to the REAL POINT OF BEGINNING of this subdivision, comprising 10.19 acres, more or less. Michael E. Marks, P.L.S. No. 4998 !� o OF��' BL �• P 00\J A,- _ 1r sY 0 PUBL,o woaKs ci . 990412\village legal.des ZONE BOUNDARY (TYP) --------- � �_ --- m � ---------------------------------------- Z -------------- ---------------------------- --------------------------------------------- ----------------11 I------- --------- 11 - 0 Oink I 1 2 3 4 6 W. NIEMANN ST. 29 29 30 si 32 33 34 36 36 37 39 - - - - - - - - - - t 13L 28 26 24 23 22 21 20 19 Is 17_______i ------------------ ------ 11 W. CAMPFIRE ST. 4 SITE 3 16 - - - - - -BLOCK 3 14 uj 2 - - - - - - - - - - - -% - 13 2 0 4 12 6 2! 7 .2 6 10 11 > "VE P1 cl LIMIT < A -- - - - - - — - — — — — — — — --- - - TSO 8 -9 ---------- OON LAKE DR. VICINITY MAP - 1"=300' SCHOOL SITE WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.31N., RAW., B.M. ADA COUNTY, IDAHO RECEiV'j) JUN 2 2 201 CIT"_ CF N -,L'1 D]AN BEFORE THE MERIDIAN CITVC&ZONING IN THE MATTER OF THE APPLICATION OF STEINER DEVELOPMENT, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 10.19 ACRES FOR WILIQNS RANCH VILLAGE SUBDIVISION, LOCATED SOUTH OF USTICK ROAD AND EAST OF BLACK CAT ROAD, MERIDIAN, IDAHO C/C 09-05-00 Case No. AZ -00-016 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 August 15, 2000 and continued until September 5, 2000, at the hour of 7:30 p.m., at the August 15, 2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared in opposition, and at the September 5, 2000 meeting Shari Stiles, Planning and Zoning Administrator, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) appeared and testified, and appearing and testifying on behalf of the applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared and testified in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 15, 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 August 15, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 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, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 10. 19 acres in size and is located south of Ustick Road and east of Black Cat Road. The property is designated as Wilkins Ranch. 6. The owner of record of the subject property is Louis J. Steiner , of Atwater, California. 7. Applicant is Steiner Development, LLC, of Atwater, California 95301. 8. The property is presently zoned by Ada County as R -T, and consists of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) a single-family residence and agricultural uses. 9. The Applicant had requested the property be zoned R-4, but has changed that request to R-8. 10. The subject property is bordered to the north by Ada County land zoned R -T, and a school site and city limits of the City of Meridian are adjacent and abut to the east of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: 48 -Lot Planned Single -Family Development. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 16.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 16.8 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 16.9 Construct a 5 -foot -wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 16.10 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 16.11 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot -wide concrete sidewalks within 50 feet of right-of-way. 16.12 The proposed knuckles located at the north and south end of Sagefire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) 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 Recommendation of Planning and Zoning Staff as follows: 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 16.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 16.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 16.6 The City has been experiencing problems with pedestrian walkways FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) Avenue are approved with the application. No traffic islands are required in the knuckles. 16.13 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 16.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 16.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 16.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 16.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 16.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 16.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 16.21 The responsibility of the applicant shall be 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. 16.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 16.23 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 16.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) l Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions' responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self-identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with -area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) 4.13 Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Economic Development Chapter Policies 3.1U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3c Natural Resources and Hazardous Areas Chapter Policies 1.1 U, 2.1 U, 2.5U, 3.1 U, 4.1 U Transportation Chapter Policies 1.6U, 1.9U Open Spaces. Parks and Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Design Chapter Policies 1.8, 5.2U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-) 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) 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned commercial development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides, in part, as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIONS RANCH VILLAGE PUD (AZ -00-016) 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 10. 19 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 10.19 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) Adopt the Recommendation of Planning and Zoning Staff as follows: 3.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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 be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 3.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 3.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 3.6 The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) 3.7 A Development Agreement annexation. shall be required as a condition of Adopt the Recommendation of the Ada County Highway District as follows: 3.8 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3.9 Construct a 5 -foot -wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 3.10 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 3.11 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot -wide concrete sidewalks within 50 feet of right-of-way. 3.12 The proposed knuckles located at the north and south end of Sagefire Avenue are approved with the application. No traffic islands are required in the knuckles. 3.13 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 3.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 3.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 3.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 3.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 3.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plan. 3.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 3.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) i 3.21 The responsibility of the applicant shall be to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. 3.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 3.23 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACRD. 3.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 1q, day of cz� , 2000. ROLL CALL ' COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) VOTED_V%4— VOTED VOTED VOTED4�c/ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: !�! l �?— Ob MOTION: APPROVED' DISAPPROVED: VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: Dated: >ty Clerk msg/Z:\Work\History\M\Meridian\Wilkins Ranch AZO 16 CUP040 PP\AZFfUlsorder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) i �t�%t, �11 ff/ moi` /�rF.. SEAL y f� R E C 0 R 0 E 0 - i;EQUES Ur -0A c,UNTY RE'0R„-,1 J. 9,A11ID Pi;,v�1R^n0 F es` �- OEPU 1 2G01 �A101031410 0� -5 Phi :22 �� RdDiALvI CITY CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS WILKINS RANCH VILLAGE SUBDIVISION LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURERAND 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: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ -00-016) - 1 Commencing at the northeast corner of the NW 1/4 of Section 3, T.3N., RAW., B.M., thence S 00°27'37" W 73.00 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision; Thence N 89°10'28" W 570.83 feet to a point; Thence S 45°49'27" W 28.28 feet to a point; Thence S 00°49'22" W 138.15 feet to a point; Thence N 89°10'28" W 20.00 feet to a point; Thence S 45°49"27" W 28.28 feet to a point; Thence S 00°49'22" W 35.03 feet to a point; Thence along a curve to the left 30.16 feet, said curve having a radius of 125.00 feet, a delta angle of 13°49'22", tangents of 15.15 feet, and a long chord bearing S 06'05'19" E 30.08 feet to a point; Thence S 13°00'00" E 58.38 feet to a point; Thence along a curve to the right 54.28 feet, said curve having a radius of 225.00 feet, a delta angle of 13°49'22", tangents of 27.27 feet, and a long chord bearing S 06'05119" E 54.15 feet to a point; Thence S 00°49'22" W 133.20 feet to a point; Thence along a curve to the right 19.71 feet, said curve having a radius of 325.00 feet, a delta angle of 03°28'29", tangents of 9.86 feet, and a long chord bearing S 02°33'36" W 19.71 feet to a point; Thence S 40°21'05" E 2 8. 11 feet to a point; Thence S 05°00'00" W 50.00 feet to a point; Thence S 85°00'00" E 3.45 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ -00-016) - 2 Thence S 21°00'00" W 107.28 feet to a point; Thence S 85°00'00" E 199.27 feet to a point; Thence S 70°00'00" E 204.46 feet to a point; Thence S 84°03'03" E 95.71 feet to a point; Thence S 90°00'00" E 143.73 feet to a point on the east line of said NW 1/4; Thence N 00027'37" E 766.50 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision, comprising 10.19 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps has 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 X001 �� e day of , X600•, and that the uses are to be developed under the planned unit development process and conditional use permit process. ANNEXATION AND ZONING ORDINANCE (AZ -00-016) - 3 SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. ANNEXATION AND ZONING ORDINANCE (AZ -00-016) - 4 2 PASSE BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _n day of 2A APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this " day of , 200 2001 ATT T:�°�op T SEAL CITY CLERIC STATE OF IDAHO,) ss.��rg:';:;;:�Sat4r County of Ada. ) On this — day of , M,lbefore 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�jvcLyrrar first above written. U •. *AQ T G • • (SE,) :x�`,N; NOTAR' P WC FOR IDAHO RESIDING AT: Y00nAgA aAA-, G�- °•s , G, MY COMMISSION EXPIRES:o-a�o . , 1 ' s Awe OWNS• MSG\Z:\Work\M\Meridian 15360M\WiMns Ranch AZO 16 CUP040 PPWZOrd ANNEXATION AND ZONING ORDINANCE (AZ -00-016) - 5 E AVE e� r W N 0 0 Q N VALAM AVE (n CD W N Cb r - N CD 0 w„ M S00°49'22 W y v 138.15' F a x o0 5 m O m mr y y 4 n C7 z \ N A A m co p Ov to CD A O V _ p ca O 1 A O f r S w m D cn 1 m r D m 0 m ro .. N = z a o N00°27'37"E N" N w ~F—alill 41 0 766.50' OCDTT Z 0 to Ln to mo m (J O N 0 0 0 rti MM s; O -1 -d 0 N INLET AY r r r r r r r r Z ,O CO OD V OCnA W N z z z m � N r 8 ww�w0w(OnoNmWmozNo wApW (DAO 0 Z Z s rnoom �9�9N VN�ci m 7OO 4OAA_aDm a- � `gp' m z Z Z WOOOjDODOOqm o A OSN -4 Co V Zm N vc Z m�m�m�m��0 =lO 0 n OfJOODW Ncncn _ Cn OCn ODO 01 --1 N O O 02 CJ o?O OD O O 0 m E AVE Q N VALAM AVE C 8 z F a 5 m O NOAMI 11 mr y y 4 n \ N A A m 1 OD CD CD f 7 Op D cn 1 m r D m 0 m ro .. N = G) Z N" N n Z OCDTT Z 0 to Ln to mo m m m n N 0 0 0 0 MM s; O -1 -d 0 r Z - D z z z z n � N r vow (DAO 0 Z Z VN�ci m a- � `gp' m z Z Z o A N vc Z C G =lO n Ncncn _ N O O N FIRELIGHT PL 4 E �tI 0 C m NOAMI 11 O wWct0 \ N A A m 1 OD CD CD m� fNONN D m 0 G) Z N" N D Z Z 0 to Ln to p 0zm 0 0 0 0 � N r (DAO 0 Z Z VN�ci t C D O � N D O V O N � I Ul Z m n Ncncn _ N W T O W COIF COtt W to CID mm��a z G) _ n O A O 0 +NOD v E �tI CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. j2&gl57 passed by the City Council of the City of Meridian, on the 31"' day of -2600•, is a true and correct copy of the original of said document which is in the care, 2 custody � fi�and control ffa�#�}},�e City Clerk of the City of Meridian. Of p^ i�fl to SINAL r ILLIAM G. BERG, JR. STATE OF ID ss. County of Ada, On this 'Ar -A-- day of , in the year 2000, before me, APA 6vy � ✓j Z.4 a Notary Public, appeared WILLIAM C. BERG, YR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the sa'— �k £of the City of Meridian. (SEAL) "s;T,g'L�' Notary PubkdkILdoo '•r O:ID•• Commission Expires: msg\Z:\Work\M\Meridian 15360M\Wilkins Ranch AZO16 CUP040 PP\Certification0f0erk0rd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -00-016 Q 4 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report R 20ti0 Preliminary Plat ---W �,�iwch Vil e � �-ltt7 s VIDIAN-- MAZ-00 016fiVICjf 00-040/MPP-00-015 PfNNII1G & ZONING Wilkins Ranch Village is a 48 -lot residential subdivision on 10.19 -acres. The applicant is also requesting annexation and rezone from RT to R-4 within the City of Meridian, and a conditional use permit to allow for a planned unit development. The site is located on the south side of Ustick Road, approximately 1/3 -mile east of Black Cat Road. This development is estimated to generate 470 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road Black Cat Road ACHD Commission Date — July 19, 2000 - 12:00 p.m. Wilkins Ranch Village.cnun Page I HALF MILE RADIUS MAP WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO VICINITY MAP - 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO Facts and Findings: A. General Information Owner - Louis Steiner Applicant - Briggs Engineering RT - Existing zoning R-4 - Requested zoning 10.19 - Acres 48 - Proposed building lots 1,780 - Total lineal feet of proposed public streets 260 - Traffic Analysis Zone (TAZ) 1-00 West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ustick Road Minor arterial with bike lane Traffic count of 1,806 on 8-31-99 (e/o Black Cat Road) 650 -feet of frontage .i 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Ustick Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. B. On June 26, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 30, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. r ;ate C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. Wilkins Way, the main entrance to this subdivision, was previously approved as part of the Wilkins Ranch Subdivision, with two 21 -foot street sections with curb, gutter and 5 -foot wide sidewalk separated by a center median and located at the west property line of the current application site. E. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 -feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. WNW F. The applicant is proposing to construct a knuckle on the north and south end of Sagefire Avenue. y No traffic islands will be required in the knuckle. P" `5 Wilkins Ranch Village.cmm Page 2 G. Any proposed landscape islands/medians within the public right -of --way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required y� on the final plat. H. The applicant is proposing to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet ofright-of--way. I. The applicant should be required to construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. r,. -' J. The existing transportation system will be adequate to accommodate the 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 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to -.00 issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 - feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 3. Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 4. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 5. The proposed knuckles located at the north and south end of Sagefire Avenue are approved with this application. No traffic islands are required in the knuckles. 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat -, shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Wilkins Ranch Village.cmm Page 3 7. Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. ,qka, Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the t action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request t for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. r 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact Wilkins Ranch Village.cmm Page 4 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. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by - Planning and Development Staff Commission Action: Wilkins Ranch Village.cmm Page 5 July 13, 2000 AZ -00-016 MERIDIAN PLANNING & ZONING MEETING July 19, 2000 APPLICANT Steiner Development, LLC ITEM NO. REQUEST Annexation and Zoning of 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch South of Ustick and East of Black Cat 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: See attached comments Contacted: COMMENTS see comments see comments see comments 7k Date: Phone: _ Materials presented at public meetings shall become property of the City of Meridian. June 28, 2000 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 RECEIVED ?u�'30%CCQ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: AZ -00-016 Rezone from RT to R-4 for Proposed PUD / Wilkins Ranch Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above- mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CENTRAL CE FRAL DISTRICT HEALTH DEPA. -. MENT •• DISTRICT Environmental Health Division h E A LT h DEPARTMENT Rezone # d Z —6,7 <" ___-c / C - Conditional Use # Return to: ❑ Boise ❑ Eagle ❑ Garden City ,Meridian ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ 1 -1 I —1 "-- -- - I. 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. ❑ 1 1. 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. ,Uo 06c ,Zr- Date: Reviewed By: Review Sheet CDHD 10/91 rcb, rev. 7197 MAYOR NCB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT L`N CITY COCIL MEMBERS Run .Anderson CITY OF MERIDIAN 33 EAST IDAHO ,II3, 288-2-499 . Fax 288-2501 Pl.'t3LIC wt)Iths BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887.2211 • Fax 887-1297 Tammy deWeerd Cheric McCandless (208) 888-4-433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6851 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: _ July 7, 2000 TRANSMITTAL DATE:June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development. LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 _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 CONCISE REMARKS: lU — Z Cg —0 C MAYOR Robert D Corne. CITY COUNCIL MEMBERS Ron Anderson KCiLh Bird Tammy dcWccrd Cheric McCandlcss HU6 OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO NIERIDIAN, IDAHO 53642 (208) 888-"33 • Fax (208) 887-4313 City Clcrk Office Fax (208) 888-4218 LZ:TT 00, TZ Nnf LEGAL DEPARTMENT GPS) 23S-2.199 - Fax 2SS-25U I PUBLIC WORKS BUILDING DEPARTMENT (201) 887•Z21I - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (20S) 884-5533 - Fax 888-0854 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: July 7, 2000 TRANSMITTAL DATE: June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development, LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, PfZ 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 _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 R ECLAMATIO N (PRELIM & FINAL) HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Currie t208) 288-249e • Fax 288-2;01 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT ('-08)887-?'I I •Fax 387-1297 Keith Bird VIERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 - Fax (308) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTNIENT (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: July 7, 2000 TRANSMITTAL DATE: June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development, LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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, CIC _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _C ITY ATTO RN EY _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 •, ' R MARKS: tW 4AMMINWO r� AM i a U NN 2 1 2000 cirl Or Ita; � L �LL CJL / MAYOR HUB OF TREASURE VALLEY i LEGAL DEPARTMENT A Good Place to Livc Robert D. Corrie (208) 288-2499 • Fax 288.2501 CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPART\IENT Keith Bird MERIDIAN, IDAHO 33642 (208) 887-2211 . Fax 387.1297 Tammy deWeerd (203) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4213 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: July 7, 2000 TRANSMITTAL DATE: June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST:_ 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development. LLC I. LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 DI-PARTMENT _FIRE 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) FECEIVIE,j) J U L - 7 2000 CITY OF MERIDLAN' JUL 07 '00 13:26 2oeeee5052 PAGE.02 ADS, COUNTY RECORDER J. DAVID NAVARRO 11Wsr, IE? 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the/ may of i� - , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ -00-016) - 2 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"/"OWNER": means and refers to Louis J. Steiner/Steiner Development, LLC, whose address is 554 E. Bellevue Road, Suite B, Atwater, California 95301, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ -00-016) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 D which are herein specified as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family 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 unit development. For the construction and development of a planned unit development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "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. DEVELOPMENT AGREEMENT (AZ -00-016) -4 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: 6.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 6.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 6.5 The application indicates the current use of the property is agricultural and residential and that one existing home and DEVELOPMENT AGREEMENT (AZ -00-016) - 5 an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 6.6 The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 6.7 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 6.8 Construct a 5 -foot wide c oncrete sidewalk on Ustick Road abutting the entire parcel, located 2 -feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 6.9 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to provide a minimum of I00 -feet of DEVELOPMENT AGREEMENT (AZ -00-016) - 6 storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6.10 Construct all public roads within the subdivision as 36 - foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 6.11 The proposed knuckles located at the north and south end of Sagefire Avenue are approved with the application. No traffic islands are required in the knuckles. 6.12 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 6.13 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 6.14 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 6.15 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not DEVELOPMENT AGREEMENT (AZ -00-016) - 7 available to the Commission at the time of its original decision. 6.16 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinanc # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 6.17 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plan. 6.18 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6.19 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 6.20 The responsibility of the applicant shall be to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. 6.21 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 6.22 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the DEVELOPMENT AGREEMENT (AZ -00-016) - 8 applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 6.23 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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. DEVELOPMENT AGREEMENT (AZ -00-016) -9 g. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 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. DEVELOPMENT AGREEMENT (AZ -00-016) - 10 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/" Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, 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 DEVELOPMENT AGREEMENT (AZ -00-016) - 11 installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPMENT AGREEMENT (AZ -00-016) - 12 Louis J. Steiner/Steiner Development, LLC 554 E. Bellevue Road, Suite B Atwater, California 95301 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. DEVELOPMENT AGREEMENT (AZ -00-016) -13 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (A2-00-016) -14 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: Managing Member BY RESOLUTION NO. LOUIS J. STEINER/ STEINER DEVELOPMENT, LLC CITY OF MERIDIAN BY: ' Robert D. Corrie Of Attes � � r b City Clerk 0 L."l L r BY RESOLUTION NO. u r If DEVELOPMENT AGREEMENT (AZ -00-016) -15 STATE OF California COUNTY OF Merced On November 6. 2000 before me, Tami Fournier personally appeared Louis J. Stein r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary ublic) TAMI FOURNIER COMM. # 1213755 NOTARY PUBLIC-CALIFORNIAQ MERCEDCOUNTY n COMM. EXP. MARCH 21, 2003 (This area for notarial seal) It STATE OF ID :ss COUNTY OF ADA ) On this day before me, known or identified to me LLC, who executed i Corporation an ow (SEAL) , in the year 2000, Notary Public, personally appeared rGe the Managin% instrument on b aged to me having ers of. Steiner Development, of said Limited Liability ped the same. Notary Public for Idaho Commission expires: STATE OF IDAHO ) :ss County of Ada ) On this_ day of , in the year X994, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ::: DEVELOPMENT AGREEMENT (AZ -00-016) - 16 Not b ' fo Idaho Commissio res: -2L �� EXHIBIT A Legal Description Of Pro ert A parcel of land located in the NE 1/4 of the NW 1/4 of Section 3, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of the NW 1/4 of Section 3, T.3N., RAW., B.M., thence S 00°27'37" W 73.00 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision; Thence N 89°10'28" W 570.83 feet to a point; Thence S 45°49'27" W 28.28 feet to a point; Thence S 00°49'22" W 138.15 feet to a point; Thence N 89°10'28" W 20.00 feet to a point; Thence S 45°49"27" W 28.28 feet to a point; Thence S 00°49'22" W 35.03 feet to a point; Thence along a curve to the left 30.16 feet, said curve having a radius of 125.00 feet, a delta angle of 13°49'22", tangents of 15.15 feet, and a long chord bearing S 06"05'19" E 30.08 feet to a point; Thence S 13°00'00" E 5 8.38 feet to a point; Thence along a curve to the right 54.28 feet, said curve having a radius of 225.00 feet, a delta angle of 13°49'22", tangents of 27.27 feet, and a long chord bearing S 06°05'19" E 54.15 feet to a point; Thence S 00°49'22" W 133.20 feet to a point; DEVELOPMENT AGREEMENT (AZ -00-016) -17 Thence along a curve to the right 19.71 feet, said curve having a radius of 325.00 feet, a delta angle of 03°28'29", tangents of 9.86 feet, and a long chord bearing S 02033'36" W 19.71 feet to a point; Thence S 40°21'05" E 28.11 feet to a point; Thence S 05°00'00" W 50.00 feet to a point; Thence S 85100'00" E 3.45 feet to a point; Thence S 21 °00'00" W 107.28 feet to a point; Thence S 85°00'00" E 199.27 feet to a point; Thence S 70100'00" E 204.46 feet to a point; Thence S 84°03'03" E 95.71 feet to a point; Thence S 90°00100" E 143.73 feet to a point on the east line of said NW 1/4; Thence N 00°27'37" E 766.50 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision, comprising 10.19 acres, more or less. DEVELOPMENT AGREEMENT (AZ -00-016) -18 EXHIBIT B Findings of Bact and Conclusions of Law/Conditions of Apv oval Z \WorkV)&Meridian 15360KWilkins Ranch AZO16 CUP040 PP\DevelopA�r DEVELOPMENT AGREEMENT (AZ -00-016) -19 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF STEINER DEVELOPMENT, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF I0.19 ACRES FOR WILIQNS RANCH VILLAGE SUBDIVISION, LOCATED SOUTH OF USTICK ROAD AND EAST OF BLACK CAT ROAD, MERIDIAN, IDAHO C/C 09-05-00 Case No. AZ -00-016 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 August 15, 2000 and continued until September 5, 2000, at the hour of 7:30 p.m., at the August 15, 2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared in opposition, and at the September 5, 2000 meeting Shari Stiles, Planning and Zoning Administrator, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) appeared and testified, and appearing and testifying on behalf of the applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared and testified in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT l . The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 15, 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 August 15, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) 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, subdivision and development ordinances codified at Titles 1 I and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 10. 19 acres in size and is located south of Ustick Road and east of Black Cat Road. The property is designated as Wilkins Ranch. 6. The owner of record of the subject property is Louis J. Steiner , of Atwater, California. 7. Applicant is Steiner Development, LLC, of Atwater, California 95301. 8. The property is presently zoned by Ada County as R -T, and consists of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) a single-family residence and agricultural uses. 9. The Applicant had requested the property be zoned R-4, but has changed that request to R-8. 10. The subject property is bordered to the north by Ada County land zoned R -T, and a school site and city limits of the City of Meridian are adjacent and abut to the east of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: 48 -Lot Planned Single -Family Development. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) 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 Recommendation of Planning and Zoning Staff as follows: 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 16.4 Any conditions attached to a Final Development Plan for Planned Development projects nun with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 16.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 16.6 The City has been experiencing problems with pedestrian walkways FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 16.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 16.8 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 16.9 Construct a 5 -foot -wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 16.10 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The tum lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 16.11 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot -wide concrete sidewalks within 50 feet of right-of-way. 16.12 The proposed knuckles located at the north and south end of Sagefire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) Avenue are approved with the application. No traffic islands are required in the knuckles. 16.13 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 16.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 16.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 16.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 16.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 16.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 16.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 16.21 The responsibility of the applicant shall be 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. 16.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 16.23 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 16.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure'that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions' responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self-identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) r t 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development, the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Economic Development anter Policies 3.1U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3c Natural Resources and Hazardous Areas ha ter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.lU Tran sport atxon Chavter Policies 1.6U, 1.9U Open Spaces Parks and Recreation Policies 3.1, 5.3 HgMsin� Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Des' n hapter Policies 1.8, 5.2U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R.8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) 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. FINDINGS OF FACT AND C AND DECISION AND ORDF FOR ANNEXATION AND Z( BY STEINER DEVELOPMEIN WILI INS RANCH VILLAGE NCLUSIONS OF LAW - Page 13 . GRANTING APPLICATION , LLC. / UD (AZ -00-016) 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned commercial development 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 is. The Citv of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12 -4 - 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 pernut, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of therty even if it is and however, an unrecorded commitment is g on subsequent own 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 10. 19 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 10.19 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City. Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) Adopt the Recommendation of Planning and Zoning Staff as follows: 3.1 Al irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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 be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.1(- 3.4 2-5-2.1C 3.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 3.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 3.6 The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restiiction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) 3.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 3.8 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 3.9 Construct a 5 -foot -wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 3.10 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 3.11 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot -wide concrete sidewalks within 50 feet of right-of-way. 3.12 The proposed knuckles located at the north and south end of Sagefire Avenue are approved with the application. No traffic islands are required in the knuckles. 3.13 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 3.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 3.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 3.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 3.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 3.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plan. 3.19. Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 3.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) 3.21 The responsibility of the applicant shall be 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. 3.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 3.23 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 3.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) C in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the l q A day of 2000. ROLL CALL ' COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED ie_ - COUNCILMAN TAMMY deWEERD VOTED4k�_ COUNCILMAN CHERIE McCANDLESS VOTED �� FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED ISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. of By: _ Dated: D � ity Clerk msg/Z:\WorklHiswryVvllMeridianlWilkins Ranch AZOt6 CUP040 PP\AZFMsorder.wpd �'�t• �rssatifisti� FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) AZ 00-016 August 10, 2000 MERIDIAN CITY COUNCIL MEETING August 15, 2000 ITEM NO. 13 APPLICANT Steiner Development, LLC REQUEST Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village PUD - south of Ustick Road and east of Black Cat Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached revised application reflecting R-8 zoning See attached July 14th comments See attached Recommendations See attached See attached See attached See attached See attached See attached OTHER: See attached from Briggs Engineering Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF 14'1ERIDIAN��j (� � T� / ^, East Idaho Street, Meridian, ID 836^ v 1 �/ ED Phone: (208) 888-4433, Fax: (208) 887-4813 - CITY OF MERIDIAN - CITY CLERK OFF= APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Wilkins Ranch Villase GENERAL LOCATION: NW 1/4 Section 3, T. 3N., R.1 W. (South of Ustick & east of Black Cat) TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Residential ACRES OF LAND IN PROPOSED ANNEXATION: 10.19 Acres PRESENT LAND USE: - _ Residential and Agricultural (1) existing home PROPOSED LAND USE: (48) single family lots UD) PRESENT ZONING DISTRICT: RT Rural Transition) PROPOSED ZONING DISTRICT: R-8 (Medium Density Residential) APPLICANT: Steiner Development, LLC PHONE: 884-2076 ADDRESS: 554 E. Bellevue Road Suite B Atwater, CA 95301 ENGINEER, SURVEYOR, OR PLANNER: Briggs Engineering, eering, Inc. PHONE: 344-9700 ADDRESS: 1800 W. Overland Road, Boise Idaho 83705 OWNER(S) OF RECORD: Louis J. Steiner PHONE: 884-2076 ADDRESS: 554 E. Bellevue Road, Suite B Atwater CA 95301 Signatur of applica 99041 ZpTmex-re7rme-mer MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY oft. 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 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer` Shari Stiles, P&Z Administrator July. -14; 2000 :`:'; Re: Request for Annexation and Zoning of 10.19 Acres to R-4 and Preliminary Plat with a Conditional Use Permit for a 48 -Lot Planned Single-family Development by Steiner Development, LLC We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The parcel is located one-half mile west of Ten Mile Road on Ustick Road. SURROUNDING PROPERTIES This parcel is bordered on the east by Dakota Ridge Subdivision (R-4 subdivision) and a future elementary school site. Plat approval has been received for the property on the south and west for Wilkins Ranch Subdivision, an R-4 development with minimum lot sizes of 8,000 square feet. North of Ustick Road from this property is unincorporated property zoned RT. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. W ilkinsRanchVi14e.AZPP.CUP.doc AZ -00-016, CUP -00-040,1`1`40-016 .-• rftl� Planning & Zoning Commie n/Mayor & City Council July 14, 2000 Page 2 2. Any existing domestic wells and/or septic systems within this project will have to be removed frcm their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 5. If possible, respond in writing to the each of the comments contained in this memorandum, by noon on Tuesday, July 18, 2000. Submit ten copies of the revised preliminary plat map to the City Clerk's office prior to the public hearing at the City Council. ANNEXATION AND ZONING GENERAL COMMENTS 1. The legal description is correct and places the parcel contiguous to existing city limits. 2. The requested zoning of R-4 is compatible with adjacent properties within the City. ANNEXATION SITE SPECIFIC REQUIREMENTS 1. Chapter 6 of Title 12, Meridian City Ordinance, sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 2. The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition should be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 3. The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer should also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 4. A Development Agreement will be required as a condition of annexation. PRELIMINARY PLAT COMMENTS 1. Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. WilkimRanchY Ilage.AZ.PP.CUP. doc AZ•00-016, CUP -00-040, PP -00-016 '0 • 1_� Planning & Zoning Commi. n/Mayor & City Council July 14, 2000 Page 3 2. Coordinate Tire hydrant placement with the City of Meridian Public Works Department. 3. Sanitary sewer and water service to this site shall be via extensions from mains proposed to be installed in the adjacent phases of Wilkins Ranch Subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 4. The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing home that is located within the boundaries of this subdivision. 5. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6. Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape 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. 7. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing will be permitted within the landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 8. 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, a single -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 to signature on the final plat by the Meridian City Engineer. If City water is proposed as WilkinsRanch Vil4e.AZ.PP.CUP.doc AZ -MO 16, CUP -00.040, PP -00-016 Planning & Zoning Commies n/Mayor & City Council July 14, 2000 Page 4 a secondary source, developer shall be responsible to pay water assessments_ for the entire common open area. 9. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 10. Submit compaction test results to the Meridian Building Department for all lots receiving fill material. 11. Submit ten copies of the revised preliminary plat prior to public hearing at City Council. CONDITIONAL USE COMMENTS 1. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2. Variances to the Ordinance that would be required if this development is approved as proposed would include the following: R-4 Standard Proposed Minimum house size 1,400 s.f. 1,300 s.f. (?) Minimum lot size 8,000 s.f. 5,252 s.f. Minimum frontage 80 feet 52 feet Maximum block length 1,000 feet 1,800+ feet 3. Storage areas shall be provided for the anticipated needs of boats, campers and trailers per Ordinance Section 12-6-8 unless the City Council approves otherwise. 4. Because this development is proposed to be single-family homes with two -car garages and 20 -foot setbacks, the additional parking space requirement is not necessary. 5. A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas per Ordinance Section 12-6-8.A.3. 6. Both the Comprehensive Plan (Housing chapter, pg. 68, para. 1.18) and the Subdivision Ordinance (12-6-6) require that variations pertaining to PD's shall not exceed 25% of the existing requirements. The developer is responsible for documentation of any bonus density. With the information provided, it is difficult to determine if the 25% maximum change is exceeded. Staff requests that the Applicant provide further detail, specifically showing that bonus densities are in compliance with the above-cited ordinance and that W ilkinsRanchY I Iage.AZPP.0 UP.doc AZ -04016, CUP -00.040, PP -00-016 Planning & Zoning Commi; n/Mayor & City Council July 14, 2000 Paae 5 75% comply with the existing R-4 standards. The applicant has indicated that 1.09 acres of common -area is being provided. 7. No signage details were submitted (design or location). Staff recommends monument - type signage along Ustick Road. Detailed signage plans will be subject to design review and separate permits. 8. Ordinance 12-6-7.1) requires that all planned developments provide underground utilities throughout the entire project site. RECOMMENDATION Although the conditional use permit application states that they are requesting a bonus density of 17%, staff does not agree with the methodology used to arrive at the 17% bonus density. Staff recognizes that City Ordinance as relates to planned developments is in need of revision, as it has been subjected to various interpretations. It appears the only criteria used for calculating the bonus density was to take the total acreage of the parcel, multiplying by 4 for the maximum lots allowed in an R-4 zone, and multiplying that result by 117%. The minimum residential house size is printed as 1,400 square feet on the plat, but crossed out to show 1,300 square feet, and the plat application itself indicates a minimum square footage of 1,100 square feet. A 25% reduction in the house size required in an R-4 zone would be 1,050 square feet. Staff recommends that 25% of the lots, or 12 homes, may be less than the 1,400 square feet required in the R-4 zone, but no less than 1,300 square feet. The adjacent Dakota Ridge Subdivision has a minimum house size of 1,500 square feet. The minimum square footage of lots shown on the application is 5,252 square feet. Even in an R-8 zone, the minimum lot size would be 6,500 square feet. A 25% reduction of the 8,000 -square -foot lot size required in the R-4 zone would yield 6,000 -square - foot lots. The City has retained a consultant to assist in revising the planned development sections of the Ordinance and would appreciate any input from the Planning and Zoning Commission on the subject. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project: The subject property is located in an area designated as Single-family Residential in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. Economic Development Chapter Policies 3.1U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3.c W iikinsRanchY llage.AZPP.CUP. doc AZ -00-016, CUP -04040, PP -00-016 Planning & Zoning Commi:�n/Mayor & City Council July 14, 2000 Page 6 Natural Resources and Hazardous Areas Chapter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U Transportation Chapter Policies 1.6U, 1.9U Open Space Parks & Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Design Chapter Policies 1.8, 5.2U W ilkinsRanchY Ilage.AZPP.CUP.doe AZ -00.016, CUP4)0-040, PP4)0-016 WHITE, PETERSON, PR SS, MORROW & GIGRAY, PA. ATTORNEYS AT LAW JULIE. GICRAY, Ilt EfN FIsc111 WM. F. 200 EAST CARLTON AVENUE - BRENT J. JOHNSON POST OFFICE BOY 1150 D. SAMUEL JoHNsoN MERIDIAN, IDAHO 83680-1150 WILLIAM A. MORROW WILLIAM F. NICHOLS CHRISTOPHER S. NYE TEL(208) 288-2499 PHILIP A. PETERSON FAX (208) 288-2501 STEPHEN L. PRUss ERIC S. RossMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRE7NCE R. WHITE August 1, 2000 To: Staff Applicant Affected Property Owner(s) Re: Application Case No. AZ -00-016 NAWA OFFICE 104 NINTH AVENUE SOuTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL. 208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE PcElvED AUG - 7 2000 CITY OF MERMLAIN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findins and Recommendations of the Planning and Zoning Commission shall be presented to the Ety Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is leg�'ble) the Position Statement if you disagree with the Findings and Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended thatyou 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 (8) copies. The COV will be Cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours ly/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. AZ -00-016 REQUEST FOR ANNEXATION ) AND ZONING OF 10.19 ACRES ) RECOMMENDATION TO CITY FOR WILKINS RANCH PUD ) COUNCIL BY STEINER DEVELOPMENT, ) LLC ) RECF-WEID AUG - 7 2000 CITY OF MERIDIAN INTRODUCTION 1. The property is approximately 10. 19 acres in size and is located south of Ustick Road and east of Black Cat Road. The property is designated as Wilkins Ranch. 2. The owner of record of the subject property is Louis J. Steiner , of Atwater California, Meridian, Idaho. 3. Applicant is Steiner Development, LLC, of Atwater, California, Idaho. 4. The property is presently zoned by Ada County as R -T, and consists of a single family residence and agricultural uses. 5. The Applicant had requested the property be zoned R-4, but has changed that request to R-8. 6. The subject property is bordered to the north by a City residential subdivision, and a school site, and city limits of the City of Meridian are adjacent and abut to the east of the subject property. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - WILKINS RANCH TO R-4 - STEINER DEVELOPMENT, LLC n M 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 and is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: 48 -Lot Planned Single -Family Development. 10. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 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 for the property described in the application, but recommend zoning of R-8 Medium Density Residential, and not R-4 as requested, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering Department as follows: 1.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - WILKINS RANCH TO R-4 - STEINER DEVELOPMENT, LLC piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district; or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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 Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.IC 1.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 1.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition should be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 1.6 The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer should also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 1.7 A Development Agreement will be required as a condition of annexation. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - WILKINS RANCH TO R-4 - STEINER DEVELOPMENT, LLC MAYOR —. KCB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS CITY OF MERIDIAN `208' 288-2191' . Fax 283_'_501 RO1 Birci 33 EAST IDAHO PUBLIC WORKS BUILDING DEPAR71vIENT ttil Keith Bird MERIDIAN, IDAHO 33642 (208) 887-2211 -Fax 847-1,97 Tammy deWeerd _ (203) S88--"33 • Fax (203) 337-1313 Cherie ,McCandless City Clerk Office Fax (203) 333- t213 PLANNING AND ZONING DEPARTMENT (208) 881-5533 - Fax 883-6851 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: July 7, 2000 TRANSMITTAL DATE- June 20, 2000 HEARING DATE.- July 19, 2000 _ FILE NUMBER: AZ -00-016 REQUEST- 10.19 acres from RT to P -4 -for proposed PUD -Wilkins Ranch BY- Steiner Development, LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 _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 •REMARKS: r/ `J 1� J� J U N 2 2000 T1 CITE Gr 1,a2�i� '01zA lei MAYOR —. HUB OF TREASURE VALLEY .- Rohert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN ,O�, -ISS-2491) CITYCOUNCIL MEMBERS OI Ron .Anderson 33 EAST IDAHO BLI PUBLIC �VORhS BUILDING DEP.-\RTvIENT Keith Bird NL IERIDIAN, IDAHO 83632 (208) 887-2211 • Fax 887-1297 Tammv 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: _ July 7, 2000 TRANSMITTAL DATE:_ June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development. LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 _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 CONCISE REMARKS: lU Z lg C� Preparing Today's O �O Students For I n Tomorrow's Chollenges. O0. / FO91e . Mena�o SUPERINTENDENT Christine H. Donnell June 26, 2000 Joint School District -No. -2 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Rj3C3EjV �p, ..I u L 1 2 2000 CITE' OF YIERMAiN Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888-6701. Reference: Wilkins Ranch Subdivision Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary is over capacity. Meridian Middle School is over capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Eagle High School is also at capacity. We can predict that these homes, when completed, will house thirteen (13) elementary aged children, eleven (l 1) middle school aged children, and thirteen (13) senior high aged students. Sincerely, t:naigham, Supervisor of Facilities and Construction um ACC GLCoIltn1 L v4tua �� ''CC� Judy PPAVPV-nPrr Prccirtcnt 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 837'i4-6499 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 July 25, 2000 TO: Louis J. Steiner Steiner Development, L.L.C. 554 E. Bellevue Rd., Suite B Atwater, CA 95301 FROM: Christy Richardson, Principal Development Analyst Planning & Development 9. SUBJECT: Preliminary Plat: Wilkins Ranch Subdivision/ MAZ-00-016/MC U P-00-040/MPP-00-015 s/o Ustick Road and e/o Black Cat Road PtFcF-1vE1D J U L 2 7 2000 CITY OF MERIDIAN On July 19, 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: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public 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. 2 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 Stan McHutchison Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 ADA COUNTY HIGHWAY DISTRICT - _ Planning and Development Division Development Application Report Preliminary Plat — Wilkins Ranch Village/ 48 -lot subdivision MAZ-00-0 1 6/MCUP-00-040/MPP-00-0 15 Wilkins Ranch Village is a 48 -lot residential subdivision on 10.19 -acres. The applicant is also requesting annexation and rezone from RT to R-4 within the City of Meridian, and a conditional use permit to allow for a planned unit development. The site is located on the south side of Ustick Road, approximately 1/3 -mile east of Black Cat Road. This development is estimated to generate 470 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road Black Cat Road ACHD Commission Date — July 19, 2000 - 12:00 p.m. Wilkins Ranch Village.cmm Page 1 HALF MILE RADIUS MAP WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO VICINITY MAP - 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO Facts and Findings: A. General Information Owner — Louis Steiner Applicant — Briggs Engineering RT - Existing zoning R-4 - Requested zoning 10.19 - Acres 48 - Proposed building lots 1,780 - Total lineal feet of proposed public streets 260 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ustick Road Minor arterial with bike lane Traffic count of 1,806 on 8-31-99 (e/o Black Cat Road) 650 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Ustick Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. B. On June 26, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 30, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. Wilkins Way, the main entrance to this subdivision, was previously approved as part of the Wilkins Ranch Subdivision, with two 21 -foot street sections with curb, gutter and 5 -foot wide sidewalk separated by a center median and located at the west property line of the current application site. E. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 -feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. F. The applicant is proposing to construct a knuckle on the north and south end of Sagefire Avenue. No traffic islands will be required in the knuckles. Wilkins Ranch Village.cmm Page 2 G. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned -and maintained by a homeowners association. Notes of this should be required on the final plat. H. The applicant is proposing to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet ofright-of--way. The applicant should be required to construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. The existing transportation system will be adequate to accommodate the 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: Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 - feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 3. Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 4. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. The proposed knuckles located at the north and south end of Sagefire Avenue are approved with this application. No traffic islands are required in the knuckles. Wilkins Ranch Village.cmm Page 3 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association.- Notes of this should be required on the final plat. 7. Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable 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. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Wilkins Ranch Village.cmm Page 4 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two _full - business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv: Commission Action: Planning and Development Staff July 19, 2000 Wilkins Ranch Village.cmm Page 5 CENTRAL CEN ^\L DISTRICT HEALTH DEPART: NT Cfq96r*hEJ\LTH DISTRICT Environmental Health Division DEPARTMENT Rezone # - Z l —6�%(^ —c / 61 Conditional Use # Preliminary / Final / Short Plat Return to: ❑ Boise ❑ Eagle ❑ Garden City ,Meridian ❑ Kuna ❑ ACZ I. 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. ❑ S. 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. ❑ 1 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. .Uc 06,1—ee 4, Date: Reviewed By: Review Sheet [DHD 10/91 rd, rn. 7/97 -DECEIVED CI pFtRIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 June 28, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 Meridian City Hall 33 East Idaho Meridian, ID 83642 Re: AZ -00-016 Rezone from RT to R-4 for Proposed PUD / Wilkins Ranch Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above- mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 T\ July 18, 2000 Ms Shari Stiles Mr. Bruce Freckleton City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 JUL I J, 2090 Boise, Idaho 83705 — 3142 Voice (208) 344 -9700 - Fax (208) 345-2950 E-mail bdggs@micron.net Re: Wilkins Ranch Village (Annexation, Rezone, Preliminary Plat, PUD & Conditional Use Applications) Dear Shari and Brad: This letter is in response to staff comments dated July 13, 2000 GeneraI U* _+s - 1 • Internal irrigation and drainage ditches will be piped or rerouted by a prior phase of this development. The Rutledge Drain adjoining the west boundary of the Dakota Ridge Subdivision will be piped. The section of the adjoining north property will also be piped by a previous phase of the Wilkins Ranch Development. 2. A septic system and two wells presently exist on the property. The septic system and residential well will be removed per City Ordinance. 3. The applicant will comply. 4. The applicant will comply. _ Annexation and Zonin&gMeral Comm nt� 1. Yes the legal description is correct.. 2. The request for R-4 is compatible with adjacent properties. --Ann ation Site Specific Requirements 1. We are in agreement. 2. The applicant will comply with relocating the mobile home. The existing single family dwelling will remain on proposed Lot 6, Block 1. The applicant will be remodel the building and access to the building will be provided o#F Niemann Street. The building will require a variance of the required 15 -foot setback requirement (by approximately 2 -feet). The variance is required due to a 25 -foot landscape buffer and right-of-way dedication to the Ada County I1ighway District. The City requires a 20 foot landscape buffer but more provided for because a wider buffer between the residential use and the arterial roadway. 3. We are in agreement. 4. The applicant will comply and enter into a development agreement. 0101\UtYM Hawkins -Clark Resporm1tr TrA * -i ne"c7t 4_.nnn7T Preliminary Plat General Comments: 1. The applicant will comply. 2. The applicant will comply. 3_ The applicant will comply. _Preliminary Plat Requirements: 1. 2. 3. 4. 5. 6. 7. .8. =10 The applicant will comply. The applicant will comply. The applicant will comply. The applicant will comply. The applicant will comply -The applicant will comply. `The applicant will comply. .LThe pressurized irrigation system will be designed to Nampa and Meridian Irrigation - District standards. The system will be owned and maintained by Nampa Meridian .._Irrigation District with approval by the District Board. A year around source of irrigation :water is available from the Eight We Lateral and the secondary source will be from the :'Nme Mile Creek east of the project site. ---.;7-The applicant will comply. The applicant will comply. =:N/A L The -applicant understands. = 2 `The applicant will. be requesting a variance for the minimum square footage requirement =under the R -4 -zone. Under the R-4 zone the applicant is required to construct a 1,400- Square foot building, -The applicant is proposing to construct 1,100 -square foot homes. -She applicant is requesting the variance to provide a mix of use within the development rand the near vicinity of the development. To the south (Lake at Cherry Lane No. 9, and Wilkins Ranch No. 1) the lots are varying from the standard 8,000 -square foot lots to over 20,000 -square feet..The applicant will also be requesting a density bonus allowed under City Ordinace 12-6-6 for lots less than 8,000 -square feet (see below for greater detail concerning the, 25 -percent density bonus). The applicant is requesting a variance for the -minimum lot frontage on a public street from 80 -feet to 52 -feet and also the minimum °:=.block length of 1,000 -feet to 1,800 -feet. Pathways will be provided where the block Aength exceeds 1;000 -feet. 3. :-The-applicant is providing single family homes with two car garages and 20 -foot front set backs. -The additional parking space requirement is not necessaryper statement No. 4. 4 7 The applicant understands (see No. 3 above) ` = 5 =,1 -No maintenance building is proposed with the single-family development. The applicant intends to contract with alandscape company for maintenance of common areas and =landscaping. Therefore, this requirement should be deleted and/or is not aplicable. 6. „-Per City Ordinance 12-6-6: Bonus Densities are allowed provided: (1) Provision for private. common open space in a PD shall be considered cause for density increases not to 01011CiryMer Hawkins- luk Response.ltr -.-_?i'ri SCr_iCbCQM7T-- �m'd rolUL exceed twenty five percent(25%)." The applicant is providing a 1,09 -acre pocket park— centrally located within the development. Play equipment will be installed in the park. The roads around the park have been single loaded for easy access to the park area and enhanced visibility, which provides for safety and aesthetics. The standard open space for this site is approximately 9,000 -square feet (not accounting for the park site). The applicant is proposing open space in excess of 9,000 -square. The entire site is 10.19 - acres. An R-4 zone will allow 4 -dwelling units per acre. With the size of the site, the applicant would be allowed 40 -dwelling units per acre without a density bonus. With a density bonus of 25 -percent the applicant would be allowed 50 -lots (25 X 40 = 10, 10 + 40 = 50 -lots) under the City Ordinance (12-6-6). The applicant is only requesting 48 -lots which is a 17 -percent density bonus. 7. The applicant will comply, S. The applicant will comply. _ -Sincerely, :BRIGGS ENGINEERING, Inc. Arnold v -- Project Manager/Land Use Planner vgqj - -==BLB:fc rre: :�w, •-0101\C.ityMer Hv*ins-Oark Re3ponseltr MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless '~ HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS ECE (2 =G DEPARTMENT 33 EAST IDAHO 21 I - Fax 887-1297 MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 JUN 2 Q 20NNINA AND ZONING DEPARTMENT City Clerk Office Fax (208) 888-4218 CITY OF L ' R-5533 - Fax 888-6854 PLANNING & ZONING 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: Jul (7 2)00 TRANSMITTAL DATE: June 20, 2000 HEARING DATE: Jul( 19 2000 FILE NUMBER: PP -00-015 REQUEST: 10.19 acres from RT to R-4 for ro osed PUD -Wilkins Ranch BY: Steiner Development, LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 _POLICE DEPARTMENT CITY ATTORNEY ITY ENGINEER VICITY 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: REQ :ST FOR SUBDIVISION APPROVf� RECEIVED PRELIMINARY PLAT , U N 0 1 2000 CITY OF NIEHIDIAN PLANNING AND ZONING COMMISSION PL-VNTNT1G & ZON'ING "rm I L E TIME TABLE FOR SUBMISSION: IPP -00-01-5 _ A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Wilkins Ranch Village Subdivision 2. General Location: NW 1/4 Section 3, T3N., R1 W. 3. Owners of record: Louis J. Steiner Address: 554 E. Bellevue Rd., Suite B. Atwater, CA, Zip 95301 Telephone 888-2076 4. Applicant: Steiner Development, LLC Address: 554 E. Bellevue Rd., Suite B, Atwater. CA, Zip 95301 Telephone 884-2076 D. Engineer, Stan McHutchison Firm Briggs Engineering, Inc. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to receive Citv billings - Name: Steiner Development, LLC Address 554 E. Bellevue Rd., Suite B, Atwater, CA 95301 Telephone 884-2076 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 10.19 2. Number of building lots: 48 (1 existing home) 3. Number of other lots: 5 (Common Lots) 4. Gross density per acre: 4.7 5. Net density per acre: 4.7 6. Zoning Classification(s): Proposed R-4 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? RT (Rural Transition) 8. Does the plat border a potential green belt? No 9. Have recreational easements been provided for? Linkage to a pedestrian path 10. Are there proposed recreational amenities to the City? No Explain 11. Are there proposed dedications of common areas? No Explain For future parks? No Explain 990412\SUBAPPL-Mer-PP (1) 1--. 12. What school(s) servicf � area? Meridian � do you propose any agreements for future school sites? No Explain Future school site located east of subject property 13. Are there any other proposed amenities to the City? No Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Residential 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single -Family 16. Proposed Development features: a. Minimum square footage of lot(s): 5252 Sq Ft b. Minimum square footage of structure(s): 1100 Sq Ft C. Are garages provided for? Yes Square footage: 400 Sq. Ft. d. Has landscaping been provided for: Yes ,Describe (20') landscaping adLacent to Ustick Road and Landscaping along collector street and pocket park. e. Will trees be provided for? Yes , Will trees be maintained ? Homeowner's Association f. Are sprinkler systems provided for? Yes - installed by the developer g. Are there multiple units ? No Type: Remarks: h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: Driveways and Garages j. Value range of property: N/A k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes , Date: Sample Covenants 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. D. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 990412\SUBAPPL-Mer-PP (2) HALF MILE RADIUS MAP WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., R.1W., B.M. ADA COUNTY, IDAHO cqj v"-'13 MERiPI CIT)(LIMIT�,,' VICINITY MAP - 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO i inrt-c � ct.�� 1 j• _o r i �n vccrt i i i cc �� i xrw t"_ ��5 J r J Jb i J h' . �Jc/b4 AUA .r. �tvrd lw 'i" roam FUPJMR D CO MTOY OF: rPIS�, to FEE _L....DEPUTY IMA23 aNr�3o 9906242 Z ALLIANCE TITLE & ESCROW CORP. 1,LIANCE TITLE READ t APPROVED BY aRANtEM11 SPACE ABOVE 1.105 U'tE FOR RECORDING DATA - (2500) Order NO.- 99077294 SL -FH WARRANTY DEED FOR VALUE RECEIVED JOHN A. WILKINS AND RUTH E. WILKINS, HUSBAND AND WIFE (ALSO iINOWN OF RECORD AS JOHN ADRIAN WILKINS) GRANTOR(S), dom(do) hereby GRANT, BARGAIN, SELL and CONVEY unto LOUIS J. STEINER, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY GRANTEE(S), whose current addrCSS is: 554 E. SELIZVUE RD., #B, ATWATER, CA 95301 the following desc gxA real property in ADA County, State of Idaho. more particularly described a follows, to wit As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurmnamvs unto the said Grantoe(s), and Granh*s) heirs and assigns forever. And the aid Graator(s) does(do) hereby covenant to and with the said Grantee(s), that Graotor(s) islare the owner(&) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which thin conreyana is expressly trade subject and those made, suffered or doze by the Granb*s); and subject to reservations, restrtcdons, dedications. easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assesaments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same From all lawful claims whatsoever. Dated: April 30, 1999 1 ( 7fij .0�idZa tQ A /1 •' %H L f -L ZORN A. WILKINS R7rH B. WILKINS 4 STATE OF IDAHO COUNTY OF ADA On this 0'4jday of PL^,r- in the year of I? y before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN A. WILKINS AND RUTH E. WILKINS known at identified to mc: to be the person(s) whose name(s) islare subscribed to the within instrument, and aclrnowledW to me that he/shehhcy crFu"Cthe same. t: - •+ �~ ~, .0 Signature: Name: -'v S L 1t: ` (Np- *r vvm Rrsiding at 60-ttic- f Te V h \0-: My commission E"Ires: MAR -27-2000 11 " 29 208 373 .',575 9711 I IfV�.-� 1- 4:.QU Q 1 1 - "'IU r 1 uricc C 11 1 LC l.. UJ I JCRV i L crk7 .) t _� Jt r� r' . U-)/ VJ4 ORD8R.NO. 98077294 SL EXHIBIT "A" PARCEL I A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northeast corner of the Northweat Quarter of Section 3, Township 3 North, Range 1 West, BOiae Meridian, thence South 00 degrees 271370 west 942.07 feet along the Bast line of said Northwest Quarter to the REAL POINT OF BEGINNING of this description; thence continuing South Do degrees 27'37" West 523.27 fact along the Bast line of said Northwest Quarter to the Southeast corner of the Northeast Quarter of said Northwest Quarter, said point being on the northerly boundary of THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION; thence North 89 degrees 19'0911 Hest 834.83 feet along the South line of the Northeast Quarter of said Northwest Quarter to a point on the centerline of the Eight Mile Lateral; along the centerline of the Eight Mile Lateral the following; thence North 35 degrees 37125" West 89.61 feet to a point; thence North 38 degrees 08'25" West 153.90 feet to a point; thence North 43 degrees 13'31" Weet 408.30 feet to a point; thence along a curve to the lett 68.90 feet, said curve having a radius of 750.00 feet, a delta angle of 05 degrees 1514911, tangents of 34.47 feet, and a long chord bearing North 45 degrees 51'25" West 68.88 feet to a point on the West line of the Northeast Quarter of said Northwest Quarter; Leaving the centerline of the Sight Mile Lateralr thence North 00 degrees 33'02" Bast 809.98 feet along the West line of the Northeast Quarter of said Northwest Quarter to a point on the southerly right-of-way of Ustick Road; thence South 89 degrees 10128" East 259.07 feet along said of -way to a pointy thence South 00 degrees 32'59" West 649.80 feet to a point; South 11 degrees 09'41" Bast 28.11 feet to a points South 43 degrees 13'23" East 231.72 feet to a point; North 64 degrees 00100" East 152.58 feet to a point; North 22 degrees 00'00" Bast 77.20 feet to a point; South 79 degrees 28'46" East 18.37 feet to a point; South 68 degrees 00'00" Bast 50.00 feet to a pointy South 85 degrees 00100" Bast 229.91 feet to a point; South 70 degrees 00100" Bast 188.71 feet to a point; South 80 degrees 00'0011 East 85.85 feet to a point; South 89 degrees 00'00" Bast 169.19 feet to the REAL -1- right- thence thence thence thence thence thence thence thence thence thence POINT MAR -27-2000 11:30 208 '37f 3 3h 74 S) 61 P. 03 Continuation of Exhibit A order No.:98077294 SL OF BEGINNING. PARCEL II A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northeast corner of the Northwest Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, thence South 00 degrees 27'37" West 25.00 feet along the East line of said Northwest Quarter to a point on the South right of way of Uatick Road; thence North 89 degrees 10128" West 202.27 feet along the South right of Way of Ustick Road to the REAL POINT OF BEGINNING of this description; thence South 00 degrees 49'32^ West 167.23 feet to a point; thence North 89 degrees 10'28" West 150.21 feet to a point; thence South 00 degrees 49132" west 87.57 feet to a point; thence South 35 degrees 33'04° west 101.19 feet to a point; thence North 89 degrees 10128" West 89.76 feet to a point; thence North 00 degrees 49'32" East 227.84 feet to a point; thence North 74 degrees 03'17" Saar 75.79 feet to a point; thence North 00 degree6 49'32" Eaat 88.25 feet to a point on the South right of way of Ustick Road; thence South 89 degrees 10'1811 East 225.05 feet to the REAL POINT OF BEGINNING. -2- ' cQo -� r j `iv . :�' r . U14/ rJ4 TOTAL P.04 MP.R-27-20400 11:31 -'08 3733675 94'` P.04 STATEMENT OF COMPLIANCE WILKINS RANCH VILLAGE SUBDIVISION 1. The proposed streets will be constructed to Ada County Highway District and City of Meridian standards. (Construction Standards: 36 ft. street section and 5 ft. sidewalks.) 2. The proposed development is in conformance with the City's Comprehensive Plan. This area is designated as Single Family Residential on the Comprehensive Plan Map. 3. The development will connect to City water and sewer facilities located in the collector roadway proposed in Wilkins Ranch Subdivision. 4. The applicant is requesting an R-4 zoning designation and a Planned Unit Development application. The applicant is requesting a reduction in lot sizes, lot frontages and home sizes. This request is a deviation from the minimum dimensional standards setforth in the ordinance. 5. The development plan reflects new easements for the Rutledge Drain. The original Rutledge Drain did not reflect a easement. The applicant has piped the Rutledge Drain through the subject parcel. 6. The proposed street names reflect previously approved names and names in alignment with adjoining developments. 7. Staff should review the block length on Block 2. Pedestrian pathway linkage has been provided between lots 8 and 10, block 2. A pathway was not provided along the east side of the subject property because the vehicular entrance to the elementary will be along the east boundary. Children should not be encouraged to cross the vehicular entrance. The pedestrian pathway provided links Wiliness Village with Wilkins Ranch. A pathway exiting to the east is located in Wilkins Ranch. The pathway should connect to the proposed school playground. 8. The development consists of (48) single family lots and (5) common lots on a 10.19 acre parcel. The proposed density is 4.7 dwellings per acre. The applicant is requesting a density bonus of 17% under the Planned Unit Development provisions of the Ordinance. The property has one existing dwelling and one accessory building located adjacent to Ustick Road The applicant wishes to retain the home and remove the accessory building. The home will be located CITY OF MERIDIAN Fast Idaho Street, Meridian, ID 83642 .-. EC Phone: (208) 888-4433 RE� Fax: (208) 887-4813 JUN 0 1 2000 CITY OF VIERID1A2N . i APPLICATION FOR ANNEXATION AND ZONING OR REZONE F I L E Z - O -o / PROPOSED NAME OF SUBDIVISION: Wilkins Ranch Village GENERAL LOCATION: _ NW j/4 Section 3 T.3N. R. l W. (South of Ustick & east of Black Cat) TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Residential ACRES OF LAND IN PROPOSED ANNEXATION: 10.19 Acres PRESENT LAND USE: Residential and Agricultural (1) existing home PROPOSED LAND USE: (48) single family lots (PUD) PRESENT ZONING DISTRICT: RT (Rural Transition) PROPOSED ZONING DISTRICT: R-4 (Low Density Residential) APPLICANT: _ Steiner Development LLC PHONE: 884-2076 ADDRESS: 554 E. Bellevue Road Suite B Atwater, CA 95301 ENGINEER, SURVEYOR, OR PLANNER: Briggs Engineering Inc PHONE: 344-9700 ADDRESS: 1800 W. Overland Road Boise Idaho 83705 OWNER(S) OF RECORD: Louis J. Steiner PHONE: 884-2076 ADDRESS: 554 E. Bellevue Road Suite B Atwater. CA 95301 Signature of pplicant 990412\annex-rezone-mer 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: July 7, 2000 TRANSMITTAL DATE: June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development, LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 _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 CONCISE REMARKS: NUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 - Fax 288-2501 CITY OF MERIDIAN WORKS CITY COUNCIL MEMBERS PUBLIC Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (_' 08)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: July 7, 2000 TRANSMITTAL DATE: June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development, LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 _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 CONCISE REMARKS: APPLICATION FOR ANNEXATION (WILKINS RANCH VILLAGE) 1. Steiner Development, LLC (554 E. Bellevue Road, Suite B, Atwater, California 95301) Phone: 884-2076. 2. Louis J. Steiner (554 E. Bellevue Road, Suite B, Atwater, California 95301 Phone: 884-2076. 3. Notarized Request attached. 4. Legal description attached. 5. The parcel is currently being used for agricultural purposes and has an existing single family dwelling located on Ustick Road. 6. The proposed development consists of (48) single family dwelling lots, a 20 foot landscape buffer adjoining Ustick Road and the collector roadway, Wilkins Way and a centrally located pocket park. 7. The parcel is currently zoned RT (Rural Transition) under jurisdiction of Ada County. 8. The proposed zoning designation is R-4 (Low Density Residential). 9. The parcel borders Dakota Ridge Sub., Wilkins Ranch Sub., and a future elementary school. All adjacent parcels are zoned R-4. This property should be annexed since the City limits surround the parcel. 10. The requested R-4 zone is consistent with the zoning designations in this area. City sewer and water facilities are available to the property in Wilkins Way. 11. The Meridian Comprehensive Plan designates this area as single family residential. This development would be in compliance with the single family classification. 12. (100) scale vicinity map attached. 13. (30) copies of 300 scale vicinity map is attached. 14. List of property owners within 300 feet is attached. APPLICATION FOR ANNEXATION (WILKINS RANCH VILLAGE) 15. Annexation fee attached: $575.91 16. Affidavit of posting is attached. 17.Affidavit of accuracy is attached. 1 ZONE BOUNDARY --------------------------------------------------------------------------------- ---------------------------------------------------- - - - - -- --- - -- + Q i' 04 , z s a k LE , ,-11____1____1__-.�___-,____Y .l W. NIEMANN ST. Q Oj1 = r - r - 2e so s1 zo a ss x ss se v se BL --.y________{____t____ - - -- } 28 25 24 23 22 21 20 19 19 17 , a 16 co W. CAMPFIRE ST. ____ ' 'Z 4 W 1 , ; , , � , L-----, iJ c V i E _ _ _ _ LL 0 i ; , ; s BLOCK 5 Ul 14 i -T-go -------! gEgRo �z N ,s r- -- r ;4¢O 12 ' 3 4ko 6 2E S�Y z 7 8 10 11 ------------ -------------- CITYLIMIT -- - -- - ` r r - -- i --r' ' ----- -- p. 9 4gg4 ti OON LAKI f.01 SCHOOL SITE VICINITY MAP - 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO 0 STATE OF IDAHO ) ss COUNTY OF ADA ) M C--':IDAVIT OF LEGAL INTEREST I , t J�� ✓ ir'e'SST /� �LL Z Name Address 95� , • being first duly sworn upon (city) (state) oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to (name) (address)] to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this —Z!�day of , � w...� �.'�! - SUBSCRIBED AND SWORN to before me the day and year first above written. O( WoJuudo"i0000 r 7 0 "0000"' 00 0 h V q�� N tary Public - r I aho �,' • -� o Residing at <�, My Commission Expires: 0000 04o J. 00. TTM FORM FURNISH= COURTOY OF: �risr.t0 FE£�DEPUTY 19""23 Atl1 30 99Q6242 ALLIANCE TITLE & ESCROW CORP. 1.LIANCE TITLE KIM t ArfMiM BY ORAMMSr c➢A CS ADOW UM LW FM MConDING DATA 2500 Order No.: 98077294 SL -PH WARRANTY DEED FOR VALUE RECEIVED JOHN A. WILKINS A= RUTH E. WILKINS, HUSBAND AND WIFE (ALSO KNOUN CF "CORD AS JOHN ADRIAN WILKINS) GRANTOR(S), dom(do) h"cby GRANT, BARGAIN, SELL and CONVEY unto LOUIS J. STEINER, A MARRIED MAN AS HIS SOLS AND SEPARATE PROPERTY GRANTEE(S), whose curreataddcess is: 554 E. BELLEVUE RD.. #B, ATWATER, CA 95301 the following described real property in ADA County, State of Idaho, more particularly described a: follows, to wit As set forth on the attached EXHIBIT "A which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtcoanccs unto the 36d Granooe(s), and Orantte(s) bcirs and assigns forever. And the said Grantor(s) does(do) hereby cncnant to and with des said G:amee(s), that Grantor(s) Ware the owner(&) in fee simple of said premises; that said premises are tree from all sac u;rbrances, EXCEPT those to which this cortreyaace is expressly made subject and those made, suffered or dose by the Grandes); and subject to reaervations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxa and assessments, Cmclu ft irrigation and utility assessments, if airy) for the currnit year, which are not yet due and payable, and that Grmtar(s) will warrant and defend the same seem all lawflrt claims whatsoever. Dated: April 30, 1999 409K A. WILKINS RWH B. WILKINS STATE OF IDAHO COUNTY OF ADA On chis / 7'vday of!n om in the year of If g I , before mo, the undersigned, a Notary Public in and for said State, personally appeared JOHN A. WILKINS AND RUTR E. WILKINS known or identJied to roc to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that Wshe/they cpyu"Cthe saute. 4�}' �^ �C� Signature: �A�ru�✓ f�— f t' R h o i zor Name: Jr-, Residing at: ti o -ti lQ of; Ncl My Commisaion Expires: ' /.4 MAR -27-2000 11:29 208 373 3675 97% P.©2 ORDSR.NO. 98077294 SL EXHIBIT "A" PARC¢L I A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northeast corner of the Northwest Quarter of Section 3, Township 3 North, Range 1 Nest, Boise Meridian, thence South 00 degrees 27'37• west 842.07 feet along the East line of said Northwest Quarter to the REAL POINT OF BEGINNING of this description; thence continuing South 00 degrees 27'37" West 523.27 feet along the Bast line of said Northwest Quarter to the Southeast corner of the Northeast Quarter of said Northwest Quarter, said point being on the northerly boundary of THE LABS AT CHMY LANE NO, 4 SUBDIVISION; thence North 89 degrees 19109" west 834.83 feet along the South line of the Northeast Quarter of said Northwest Quarter to a point on the centerline of the Eight Mile Lateral; along the Centerline of the Eight Mile Lateral the following; thence North 35 degrees 37'25" West 89.61 feet to a point; thence North 38 degrees 08125" West 153.90 feet to a point; thence North 43 degrees 13'31" weat 408.30 feet to a point; thence along a curve to the left 68.90 feet, said curve having a radius of 750.00 feet, a delta angle of 05 degrees 15'49", tangents of 34.47 feet, and a long chord bearing North 45 degrees 51'25" West 68.88 feet to a point on the Nest line of the Northeast Quarter of said Northwest Quarter; Leaving the centerline of the Eight Mile Lateral, thence North 00 degrees 33102" East 809.98 feet along the West line of the Northeast Quarter of said Northwest Quarter to a point on the southerly right-of-way of *.'stick Road; thence South 89 degrees 10128" Bast 259.07 feet along said right- of-way to a pointy thence South 00 degrees 32159" West 649.60 feet to a point; thence South it degrees 09'41" East 28.11 feet to a pointy thence South 43 degrees 13123" Bast 231.72 feet to a point; thence North 64 degrees 00'00" East 152.58 feet to a point; thence North 22 degrees 00100" Bast 77.20 feet to a point: thence South 79 degrees 28146" Bast 18.37 feet to a point; thence South 68 degrees 00100" Bast 50.00 feet to a point, thence South 65 degrees 00'00" Bast 229.91 feet to a point; thence South 70 degrees 00100" East 185.71 feet to a point; thence South 80 degrees 00'00" East 85.85 feet to a point; thence South 89 degrees 00'00" East 169.19 feet to the REAL POINT -1- MAR-27-2000 11:30 208 373 3675 96% • ►. Continuation of Exhibit A Order No.:98077294 SL OF BEGINNING. PARCEL 11 A parcel of land located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northeast corner of the Northwest Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, thence South 00 degrees 27'37" West 25.00 feet along the East line of said Northwest Quarter to a point on the South right of way of Ustick Road; thence North 89 degrees 10128" West 202.27 feet along the South right of way of Ustick Road to the REAL POINT OF BEGINNING of this description; thence South 00 degrees 49132" West 167.23 feet to a point; thence North 89 degrees 10'28" West 150.21 feet to a point; thence South 00 degrees 49132" west 97.57 feet to a point; thence South 35 degrees 33104" West 101.19 feet to a point; thence North 89 degrees 10128" West 89.76 feet to a point; thence North 00 degrees 49'32" Eaet 227.84 feet to a point; thence North 74 degrees 03'17" Bast 75.79 feet to a point; thence North 00 degrees 49'32" Eaat 88.25 feet to a point on the South right of way of Ustick Road; thence South 89 degrees 10128" East 225.05 feet to the REAL POINT OF BEGINNING. -2- MAR-27-2000 11:371 ='08 ?7J JFr15 a4o TOTAL P.0404 AFFIDAVIT OF POSTING STATE OF IDAHO ) COUNTY OF ADA ) I, STEVE ARNOLD (BRIGGS ENGINEERING INC.) 1800 W. Overland Road (name) (address) Boise Idaho 83705 , being first duly sworn upon (city) (state) oath, depose and say: I will personally post the subject property with the hearing notice sign one week prior to the public hearing for the annexation, re -zone, planned unit development (CU) and preliminary plat of Wilkins Ranch Village Subdivision. Dated this _1_day of 2000 ignature) SUBSCRIBED AND SWORN to before me the day and year first above written. �®aaa®�a©Qo�Q ©� N,1. 3 off,©��o�vco°oo -Publipjor Idaho Residing at T i SC� 01 8�� 'OUB L1a� My Commission Expires: ei� g� 61 , - �1g7 990412\affid-posting STATE OF IDAHO COUNTY OF ADA r I ss Name —'FIDAVIT OF LEGAL INTEREST Address ( �5� ,being first duly sworn upon (city) (state) oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to (name) (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this—� day of ,A00D- a! _ SUBSCRIBED AND SWORN to before me the day and year first above written. n`y1ti •t:t. a� �l!� pOp ,O�CO O. N tary Public r I aho ° O'G4"�• � Residing at My Commission Expires: 17 ''Cyv ;>J0000 SCO AFFIDAVIT OF ACCURACY STATE OF IDAHO ) COUNTY OF ADA ) I, BECKY L. BOWCUTT, (BRIGGS ENGINEERING, INC.) 1800 W. Overland Road (name) (address) Boise Idaho, 83705 , being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. Dated this _day of i nature) 2 SUBSCRIBED AND SWORN to before me the day and year first above written. 990412\affid-accuracy My Commission Expires: I 7• 114, ' ��w�,� ��.��s a, •I h'�III '''' @I■ I All } �t y pp Y 0� S � •i �: m�l FF tl F � 8� �+ = I a EEFSM fE FF ggR $ go$ .. -F5 a M oF� S > f a Y8� Rp bR — el 5 �� g � V PREUYINARY PLAT 1YILKINS RANCH VILLAGE MM. �IYNaMMI� I •� - 3} m - A SUBDIVISION ■ N I A O t tra0gaa ttW •RC waw•petµA - .vaw x .. t/• s ccao• a AT= C�iRl�1o. �'oua)� ' antt/oa w aawt:-rnc t• -so• .:':."_�` `r.•ra 7• w I All �t y pp Y 0� S � •i �: FF tl F � 8� �+ = a EEFSM fE FF ggR $ go$ .. -F5 a M oF� S > f a Y8� Rp bR — el 5 �� g � V PREUYINARY PLAT 1YILKINS RANCH VILLAGE MM. �IYNaMMI� I •� - 3} m - A SUBDIVISION ■ N I A O t tra0gaa ttW •RC waw•petµA - .vaw x .. t/• s ccao• a AT= C�iRl�1o. �'oua)� ' antt/oa w aawt:-rnc t• -so• .:':."_�` `r.•ra li HALF MILE RADIUS MAP WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO ZONE BOUNDARY (TYP) Ll --------------------------------------- ---------------- --------------- ' , 2 3 4 e e 7 e e Q ---T----T----.---_T-_-.,----, W. NIEMANN ST. O E 1 1 I I I ze x 31 32 33 x as 36 37 ae z O� a + t - - - - I BL -_______i° 19 19 17 ` � 2 25 26 23 22 21 2° ____.____. ----- Y --- co W. CAMPFIRE ST. > ,° l,z Q I d ------, I I , W s SITEysr , � I I ,_____- BLOCK ] 3 14 ui i r g0� 4 is} ;' z. FORD Q s R. Z 5 SCHOOL a ° 10 ItSCHOOL i p,,Z cl LIMIT C-1 I r I r I 11 r T Y / ♦ i ♦ j I I � I I / \ ♦ , - ;p.4 , - gyp. �p .0 y ; - OON LAKE DR. Z1 ------ I FF� 1 . VICINITY MAP — 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO DESCRIPTION FOR PROPOSED WILKINS RANCH VILLAGE SUBDIVISION June 1, 2000 A parcel of land located in the NE'/4 of the NW'/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of the NW'/4 of Section 3, T.3N., R.1W., B.M., thence S 00°27'37" W 73.00 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision; Thence N 89°10'28" W 570.83 feet to a point; Thence S 45°49'27" W 28.28 feet to a point; Thence S 00°49'22" W 138.15 feet to a point; Thence N 89°10'28" W 20.00 feet to a point; Thence S 45°49"27" W 28.28 feet to a point; Thence S 00°49'22" W 35.03 feet to a point; Thence along a curve to the left 30.16 feet, said curve having a radius of 125.00 feet, a delta angle of 13049'22", tangents of 15.15 feet, and a long chord bearing S 06005'19" E 30.08 feet to a point; Thence S 13000'00" E 58.38 feet to a point; Thence along a curve to the right 54.28 feet, said curve having a radius of 225.00 feet, a delta angle of 13°49'22", tangents of 27.27 feet, and a long chord bearing S 06°05'19" E 54.15 feet to a point; Thence S 00°49'22" W 133.20 feet to a point; Thence along a curve to the right 19.71 feet, said curve having a radius of 325.00 feet, a delta angle of 03°28'29", tangents of 9.86 feet, and a long chord bearing S 02°33'36" W 19.71 feet to a point; Thence S 40°21'05" E 28.11 feet to a point; Thence S 05°00'00" W 50.00 feet to a point; Thence S 85°00'00" E 3.45 feet to a point; 990412\village legal.des Thence S 21 000'00" W 107.28 feet to a point; Thence S 85°00'00" E 199.27 feet to a point; Thence S 70°00'00" E 204.46 feet to a point; Thence S 84°03'03" E 95.71 feet to a point; Thence S 90000'00" E 143.73 feet to a point on the east line of said NW 1/4; Thence N 00027'37" E 766.50 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision, comprising 10.19 acres, more or less. Michael E. Marks, P.L.S. No. 4998 W Oft 1 0 X19 OFI��5 EL B. 990412\village legal.des ZONE BOUNDARY - - --------------------------- ----- --- tr- ----------------- --------------------------- z ° a a - r---- *----*----r- W. NIEMANN ST. _ O 29 29 30 31 32 �] 3t 3s x 77 3e z 89 } 2625 24 23 ,9 22 21 20 ,g 17 Y, __ rn W. CAMPFIRE ST. Q ,a IY + ` LuS SITE 3 16 _y ;s BLOCK 3 W 14 r-' 41 I SP1 ' + 2 3 a OCp0 Z 12 SCHOOL 9 Y 1 7 9 '1 SITE ---------------- CITYLIMIT ,r " I , , n t\♦♦ ♦♦'" '♦♦�\ `•� l �l - 'r -__lam-.. `'\ / 't / , 1 OON LAKE DR. Zt VICINITY MAP - 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.31N., R.1 W., B.M. ADA COUNTY, IDAHO RECORDED -REQUEST OF ILE COPT ADA COUNTY RECORDER A, O \ D„11p NAYARR FEE DEPU ;T !_ ZGQI SP -6 PM 1: 34 P�� 10 1092121 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Steiner Development, L.L.C., pertaining to the street lights in Wilkins Ranch Subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Steiner Development, L.L.C. has provided 6 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Wilkins Ranch Subdivision in Meridian, Idaho. The parties acknowledge that the 6 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Steiner Development, L.L.C., or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Steiner Development, L.L.C., or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 6 street lights located in Wilkins Ranch Subdivision in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. It is understood and agreed that Steiner Development, L.L.C. will assign its rights and obligations hereunder to Wilkins Ranch Subdivision Homeowner's Association when said Homeowners Association is formed and operational. WILKINS RANCH SUBDIVISION STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on c� L��/? e /— � eVL O /w& �ts heirs, successors and assigns, and the CITY OF MERIDIAN. ATTEST: .6 Dated this 7 day of 20 D William G. Berg, Jr., Ci STATE OF IDAHO, ) ss. County of Ada, ) CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho r Ir iTT f'��.lt)`, i•1�,.-•fay`) Robert D. Corrie,Mayor On this 7' day of 5!�V4-e%,�er , 20 oI , 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. '.•' 0 S%6*1151118880 1cv L • S,�'•.. �w j •• •• SEAL e '-PL B1100 n_ s kY PUBLIC FOR IDAHO ING AT tri )ah )MMISSION EXPIRES o u h WILKINS RANCH SUBDIVISION STREET LIGHT AGREEMENT Page 2 STATE OF \ ,) ss. County of \ ,) Steiner Development, L.L.C. Managing Member On this _ day o , 20 , before me, the undersigned, a Notary Public in and for said State, persona appeared known to me to be the Managing Member of , and who executed the within instrument on behalf of said partner gip, and acknowledged to me that said partnership executed the same. IN WITNESS WHEREOF, I have here u set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR "'� RESIDING AT MY COMMISSION EXPIRES WILKINS RANCH SUBDIVISION STREET LIGHT AGREEMENT Page 3 STATE OF California COUNTY OF Merced 1 On :) I �� before me, Leslie Soares personally appeared Louis J. Steiner personally known to me (or proved .to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS My hand and off' i I seal. • /I ) 1, (SigrLatuee VNotary Public) (This area for notarial seal) 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 LOUIS J. STEINER/STEINER DEVELOPMENT, LLC. 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 LOUIS J. STEINER/STEINER DEVELOPMENT, LLC, 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 Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with LOUIS J. STINER/STEINER DEVELOPMENT, LLC, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and LOUIS J. STEINER/STEINER DEVELOPMENT, LLC, 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 -00-016) - 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 MAYOR ATTEST: CITY CLERK msg/ZAWork\N4\Meridian 15360M\Wilkins Ranch A7-016 CUP040 MResolution Resolution (A7--00-016) - 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 Clerk 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 Clerk 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 LOUIS J. STEINER/STEINER DEVELOPMENT, LLC. 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 LOUIS J. STEINER/STEINER DEVELOPMENT, LLC, 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 LOUIS J. STEINER/STEINER DEVELOPMENT, LLC, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and LOUIS J. STEINER/STEINER DEVELOPMENT, LLC, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. STATE OF IDAHO, ss. County of Ada, ) WILLIAM G. BERG, JR. CITY CLERK- STATE LERK 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 Cleric of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ Z:\WorkVvl\Meridian 15360M\Wilkins Ranch AZO 16 CUP040 PP\CertofClerk Certificate of Clerk (AZ -00-016) - 2 of 2 July 3, 2001 Stan McHutchison Briggs Engineering Inc. 1800 W. Overland Rd. Boise, ID 83705 Re: Wilkins Ranch Dear Stan: RECEIVED JUL - 5 2001 CITY OF eM}E�RIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has witnessed a pressure test and it was acceptable on Phase II only, the District will need to pressure test Phase 1. Also before this system is acceptable to the District we need to check the low water shut-off on the pump station, locate a valve that appears to be installed under the sidewalk and we will need a set of as-builts for Phases I and II for the pressure system. If you have any questions, please feel free to contact me. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File Board of Directors Secretary -Treasurer Asst. Water Superintendent Pressure Irrigation Specialist — T. Clinton Ringert Clark Chartered — L. Burri City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless June 22, 2001 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 Idaho Power Company 10790 W Franklin Road Boise, ID 83709 322-2000 388-2402 *Dena 388-2021 fax 388-6924 388-6532 fax 322-2032 Re: Street Lights for Wilkins Ranch Subdivision LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 The street lights have been installed by the developer in Wilkins Ranch Subdivision. These are 100 watt high-pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The nine (9) street lights are located at: Lot 14 Block 4 W. Niemann Drive Lot 10 Block 4 N. High Desert Way & W. Campfire Street Lot 4 Block 5 N. High Desert Way Lot 8 Block 5 N. High Desert Way Lot 25 Block 4 W. Campfire Court Lot 23 Block 1 W. Patel Drive Lot 20 Block 1 W. Patel Drive & N. Sagefire Avenue Lot 14 Block 1 N. Sagefire Avenue & W. Angelica Drive Lot 10 Block 1 W. Angelica Drive Please use this letter as your authority to activate these street lights. See attached map for additional information. Sincerely William G. Berg, Jr. City Clerk Enclosures WILLIAM G. BERG, JR.. City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P b Z Administrator PATTY A. WOLFKIEL. DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: _ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place t0 Live WALT W. MORROW, President RONALD R. TOLSMA HARLES M. CITY OF MERIDIAN C GLENN R. BENTLEYROUNTREE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P R Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor Date: 6 --/ z —C.-:' I To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION I have inspected and approved the electrical wiring and associated components for /�`� street lights in W r t,k t A) 5 !` ,4.v G 1.` Sic b . Idaho Power Co. can now proceed with the activation. Harold Hudson, Electrical Inspector y�61L foo I-IlAf RECEIVED JUN 14 2001 CITY OF MERIDIAN C:\OFFICE\WPW tN\GENERAL\ELF.CINSP. MMO S O ppC�pp p Q pp Z m mh�flr �,p NYI� mN$ONH b �Ni00b ~ O b bH� Yf„b b„Nh i OOi b^OAP A AbHSh. �i1 h�n�b b�„C•P j � ry 0 ♦ N O N ._ � �... �� if O� U � A O iv n N N ry M �1 n N N N N n ry N N N ry n N if N ry n ry ry ry N N n ry n ry N ry ry +1 h N ry N N ry ry ry �• h R- i �• ry M H �1 N N ry H �I n r W F 0 r ZoQ88 R �pf m p p �pppp p o J „Q O'ONb bm 00 b bn Ob„b0•A•00 bb Onif b b b d O i O •Oe bu0 vt �J10 �00 ..m0 r•b N•!1'O OmOOeni m U co Q S U U yy2 Z J D uJm o o p p G p p Cp � < h O�• H R� H O��_ P� o m R H� S n R P C� O n n H m N O n n/ f b tA. •�� n O nOi h N O N� b A� �i + O O�� u 0 O O O O a U � o I LLJ LLI N L Z V, z LLJ o0 n :c M 00 N Qj 3 3 0 o FW LL - S O ppC�pp p Q pp Z m mh�flr �,p NYI� mN$ONH b �Ni00b ~ O b bH� Yf„b b„Nh i OOi b^OAP A AbHSh. �i1 h�n�b b�„C•P j � ry 0 ♦ N O N ._ � �... �� if O� U � A O iv n N N ry M �1 n N N N N n ry N N N ry n N if N ry n ry ry ry N N n ry n ry N ry ry +1 h N ry N N ry ry ry �• h R- i �• ry M H �1 N N ry H �I n r W F 0 r ZoQ88 R �pf m p p �pppp p o J „Q O'ONb bm 00 b bn Ob„b0•A•00 bb Onif b b b d O i O •Oe bu0 vt �J10 �00 ..m0 r•b N•!1'O OmOOeni m U co Q S U U yy2 Z J D uJm o o p p G p p Cp � < h O�• H R� H O��_ P� o m R H� S n R P C� O n n H m N O n n/ f b tA. •�� n O nOi h N O N� b A� �i + O O�� u 0 O O O O a U � o I 24 HOUR INSPECT/ON L/NF 887-1 f55 Elec-Commercial Permit Permit Number: ELC2001-118 Applicant Streetlights Parcel Number: PARC2001-17 Address: WILKINS RANCH Addition: Wilkins Ranch Contractors Electrician Alloway Electric* Address: 1420 Grove St BOISE, ID 83702 Fees and Receipts: Number FEE2001-10057 City of Meridian, Building Department 660 E Watert r ?r , Suite 200 Meridian lb 83642 PH 887-2211 / FAX 887-1297 Lot(s):1 Block:2 Description Electrical -Commercial Page 1 of 1 Printed: 05/31/2001 Phone: 344/2507 FAX: 343/8750permit Amount $271.00 Total Fees: $271.00 Other Fields: Value: 2820000 Description: 5 150 watt decorative 1/5,2/5,1/4,28/1,6/1 and 9 100 watt 14/4,10/4, 25/4,8/2,4/2,10/1,14/1,20/1,23/1 Fees Due / Credit Info: RECEIVED .JUN -1 2001 CITY OF MERIDIAN 300 RT ZONE BOUNDARY (TYP) ------------------------------------------ ,- -- - - -,- B K.1 W 1 --------------------1 2 3 4 6 1 6 1 7 8 91 NIEMANN OR. y' W NIEMANN ST. L . RT 2 ; 30 31 32 33 34 36 36 37 38 Z 28 129 s = 0� A S IO ' -__-----:--__-� Q 28 26 24 23 22 21 2D 19 18 17 W. CAMPF RE ST. ;----- rW. CAMPFIRE CT. 3 W. CAMPFIRE ST. W ----- N ' z BLK.3 4 a 1e -----I - j % ; J 1 3 w 16 M 14S EOR W 13 — a r O_ �K(`C1�� 2 w 2 3 4 KpR = 12 7 8 10 11 CITYLIMIT L p� / � I ft I , , ------ ,�R0 Op=i. �E l MOON LAKE DR. R-4 SCHOOL SITE G� O. W. GELICA DR. R-4 VICINITY MAP - 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO March 30, 2001 AZ 00-016 MERIDIAN CITY COUNCIL MEETING April 3, 2001 APPLICANT Steiner Development ITEM NO. •- REQUEST Development Agreement - annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village planned unit -development -- south of Ustick Road and east of Black Cat Road AGENCY COMMENTS CITY CLERK: See attached signed Development Agreement CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: V US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: acyc Arnold Date: Phone: 3yy -q -jCC) Materials presented at public meetings shall become property of the City of Meridian. BRIGGS ENGINEERING9 INC. 1800 West Overland Road Boise, Idaho 83705 Phone: 208.344.9700 Fax: 208.345.2950 Email: stevea@briggs-engineering.com To: Shelby Ugarriza, Deputy City Clerk City of Meridian 33 East Idaho Street Meridian, Id. 83542 We are sending you: ''1 -R,ECEIVED LEITER OF TRA�'AL CITY OF MERIDIAN CIN CLERK OFFICE Date: March 21, 2001 Project Name: Wilkins Ranch Village Project Number: 990412 Number of Prints Dated Description 1 Signed Development areement These are transmitted as indicated below: X For Approval Please schedule the development areement to be heard at the April 3 2001 City Council Approved as Submitted Thanks Submit for Distribution For Your Information Approved as Noted Signed: St a Arnold Projectfanagger Return Corrected Prints As Requested Returned for Corrections Return Corrected Prints For Review and Comment Price For Bids Due: Resubmit for Approval Remarks: Shelby, Please schedule the development areement to be heard at the April 3 2001 City Council Meeting. Thanks Steve Arnold Copy to: Stan McHutchison File Signed: St a Arnold Projectfanagger MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless October 25, 2000 '-, HUB OF TREASURE VALLEY .-. A Good Place to Live CITY OF MERIDIAN Steve Arnold Briggs Engineering 1800 W. Overland Road Boise, ID 83705 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Re: Wilkins Ranch Village AZ 00-016 Development Agreement Dear Steve, 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 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, �lPi� Shelby E. Ugarriza Deputy City Clerk enc. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Louis J. Steiner/Steiner Development, LLC, Owner/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 LOUIS J. STEINER/STEINER DEVELOPMENT, LLC, hereinafter called "OWNER/DEVELOPER", whose address is 554 E. Bellevue Road, Suite B, Atwater, California 95301. 1. RECITALS: 1.1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Medium Density Residential District (R-8), (Meridian City Code §§ 11-7-2 D; and DEVELOPMENT AGREEMENT (AZ -00-016) -1 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the _ day of , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ -00-016) - 2 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"/" OWNER": means and refers to Louis J. Steiner/Steiner Development, LLC, whose address is 554 E. Bellevue Road, Suite B, Atwater, California 95301, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ -00-016) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 D which are herein specified as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family 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 unit development. For the construction and development of a planned unit development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "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. DEVELOPMENT AGREEMENT (AZ -00-016) - 4 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: 6.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 6.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 6.5 The application indicates the current use of the property is agricultural and residential and that one existing home and DEVELOPMENT AGREEMENT (AZ -00-016) - 5 an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 6.6 The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 6.7 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 6.8 Construct a 5 -foot wide c oncrete sidewalk on Ustick Road abutting the entire parcel, located 2 -feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 6.9 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of DEVELOPMENT AGREEMENT (AZ -00-016) - 6 storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6.10 Construct all public roads within the subdivision as 36 - foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 6.11 The proposed knuckles located at the north and south end of Sagefire Avenue are approved with the application. No traffic islands are required in the knuckles. 6.12 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 6.13 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 6.14 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 6.15 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not DEVELOPMENT AGREEMENT (AZ -00-016) -7 available to the Commission at the time of its original decision. 6.16 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinanc # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 6.17 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plan. 6.18 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6.19 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 6.20 The responsibility of the applicant shall be 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. 6.21 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 6.22 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the DEVELOPMENT AGREEMENT (AZ -00-016) - 8 applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 6.23 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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"'sl" 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'T 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'TOwner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT (AZ -00-016) - 9 9. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 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'T 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. DEVELOPMENT AGREEMENT (AZ -00-016) - 10 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/" Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, 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 DEVELOPMENT AGREEMENT (AZ -00-016) - 11 installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The " Developer'T Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That " D eveloper'T Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPMENT AGREEMENT (AZ -00-016) - 12 Louis J. Steiner/Steiner Development, LLC 554 E. Bellevue Road, Suite B Atwater, California 95301 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. DEVELOPMENT AGREEMENT (AZ -00-016) -13 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-016) -14 FA -M10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. LOUIS J. STEINER/ STEINER DEVELOPMENT, LLC Managing Member Attest: Managing Member BY RESOLUTION NO. CITY OF MERIDIAN IM Attest: City Clerk BY RESOLUTION NO. Mayor Robert D. Corrie DEVELOPMENT AGREEMENT (AZ -00-016) -15 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of _, in the year 2000, before me, a Notary Public, personally appeared and , known or identified to me to be the Managing Members of Steiner Development, LLC, who executed the instrument on behalf of said Limited Liability Corporation and acknowledged to me having executed the same. (SEAL) STATE OF IDAHO ) :ss County of Ada ) On this day of Notary Public for Idaho Commission expires:_ in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) DEVELOPMENT AGREEMENT (AZ -00-016) -16 Notary Public for Idaho Commission expires:_ EXHIBIT A Legal Description Of Property A parcel of land located in the NE 1/4 of the NW 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of the NW 1/4 of Section 3, T.3N., R.1W., B.M., thence S 00°27'37" W 73.00 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision; Thence N 89°10'28" W 570.83 feet to a point; Thence S 45°49'27" W 28.28 feet to a point; Thence S 00°49'22" W 138.15 feet to a point; Thence N 89°10'28" W 20.00 feet to a point; Thence S 45°49"27" W 28.28 feet to a point; Thence S 00°49'22" W 35.03 feet to a point; Thence along a curve to the left 30.16 feet, said curve having a radius of 125.00 feet, a delta angle of 13°49'22", tangents of 15.15 feet, and a long chord bearing S 06°05'19" E 30.08 feet to a point; Thence S 13°00'00" E 58.38 feet to a point; Thence along a curve to the right 54.28 feet, said curve having a radius of 225.00 feet, a delta angle of 13°49'22", tangents of 27.27 feet, and a long chord bearing S 06°05'19" E 54.15 feet to a point; Thence S 00°49'22" W 133.20 feet to a point; DEVELOPMENT AGREEMENT (AZ -00-016) -17 Thence along a curve to the right 19.71 feet, said curve having a radius of 325.00 feet, a delta angle of 03°28'29", tangents of 9.86 feet, and a long chord bearing S 02°33'36" W 19.71 feet to a point; Thence S 40°21'05" E 2 8. 11 feet to a point; Thence S 05°00'00" W 50.00 feet to a point; Thence S 85°00'00" E 3.45 feet to a point; Thence S 21°00'00" W 10 7.2 8 feet to a point; Thence S 85°00'00" E 199.27 feet to a point; Thence S 70°00'00" E 204.46 feet to a point; Thence S 84°03'03" E 95.71 feet to a point; Thence S 90°00'00" E 143.73 feet to a point on the east line of said NW 1/4; Thence N 00°27'37" E 766.50 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision, comprising 10.19 acres, more or less. DEVELOPMENT AGREEMENT (AZ -00-016) -18 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\Wilkins Ranch AZO 16 CUP040 PP\DevelopAQr DEVELOPMENT AGREEMENT (AZ -00-016) -19 1-11 RECORDED -REQUEST OF ADA COUNTY RECORDER J. DAVID NAVARRO 2001 AP 19 PH 1: 25 PARTIES: 1. 2. FEE It�_ DEPUTY 101036 00 " U uEwouw pn DEVELOPMENT AGREEMENT City of Meridian Louis J. Steiner/Steiner Development, LLC, Owner/Developer �9kry �_i R Q# THIS DEVELOPMENT AGREEMENT (this "Agr Brent"), is made and entered into this � 0 day of &y- i 1 , 24W, y and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and LOUIS J. STEINER/STEINER DEVELOPMENT, LLC, hereinafter called "OWNER/DEVELOPER", whose address is 554 E. Bellevue Road, Suite B, Atwater, California 95301. RECITALS: 1.1 WHEREAS, "Owner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Medium Density Residential District (R-8), (Meridian City Code §§ 11-7-2 D; and DEVELOPMENT AGREEMENT (AZ -00-016) -1 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning &- Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the J may of � . , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ -00-016) - 2 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"/"OWNER": means and refers to Louis J. Steiner/Steiner Development, LLC, whose address is 554 E. Bellevue Road, Suite B, Atwater, California 95301, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ -00-016) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 D which are herein specified as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family 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 unit development. For the construction and development of a planned unit development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "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. DEVELOPMENT AGREEMENT (AZ -00-016) -4 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian which provides for the following conditions of development to -wit: 6.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.IC 6.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 6.5 The application indicates the current use of the property is agricultural and residential and that one existing home and DEVELOPMENT AGREEMENT (AZ -00-016) - 5 an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 6.6 The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 6.7 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to. the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 6.8 Construct a 5 -foot wide c oncrete sidewalk on Ustick Road abutting the entire parcel, located 2 -feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 6.9 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of DEVELOPMENT AGREEMENT (AZ -00-016) - 6 storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6.10 Construct all public roads within the subdivision as 36 - foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 6.11 The proposed knuckles located at the north and south end of Sagefire Avenue are approved with the application. No traffic islands are required in the knuckles. 6.12 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 6.13 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 6.14 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 6.15 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not DEVELOPMENT AGREEMENT (AZ -00-016) - 7 applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 6.23 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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 vears of the riatP th;c arrraamu^* •^ eco^^`'- ---A _ My iifio available to the Commission at the time of its original decision. 6.16 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinanc # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 6.17 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction 9. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 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. DEVELOPMENT AGREEMENT (AZ -00-016) - 10 i 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. B. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, 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 DEVELOPMENT AGREEMENT (AZ -00-016) - 11 i available to the Commission at the time of its original decision. 6.16 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinanc # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 6.17 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plan. 6.18 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6.19 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 6.20 The responsibility of the applicant shall be to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. 6.21 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 6.22 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the DEVELOPMENT AGREEMENT (AZ -00-016) - 8 installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPMENT AGREEMENT (AZ -00-016) -12 F OWNEWDEVELOPER: Louis J. Steiner/Steiner Development, LLC 554 E. Bellevue Road, Suite B Atwater, California 95301 r. 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. DEVELOPMENT AGREEMENT (AZ -00-016) - 13 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-016) - 14 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: Managing Member BY RESOLUTION NO. Attes City Clerk BY RESOLUTION NO. LOUIS J. STEINER/ STEINER DEVELOPMENT, LLC El anaging Member CITY OF MERIDIAN BY - '0"" A �' �' May.dr Robert oF \SAS �� '••,w.,e •,� K ..moi 117 .Li Jr.3 DEVELOPMENT AGREEMENT (AZ -00-016) -15 V STATE OF ID :ss COUNTY OF ADA ) On this day before me, known or identified to me LLC, who executed f Corporation an c ow (SEAL) STATE OF IDAHO ) / , in the year 2000, Notary Public, personally appeared ►fie the Managin94 embers of Steiner Development, instrument on be f of said Limited Liability aged to me having execu d the same. Notary Public for Idaho Commission expires:_ :ss County of Ada ) app On this day of 63A. , in the year 2990, before me, a Notary Public, personally appeared Robert D. Come and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. .•�E:. UG„q• (SEAT') DEVELOPMENT AGREEMENT (AZ -00-016) - 16 r Nota b ' fo Idaho Commissio res: STATE OF California COUNTY OF Merced On November 6, 2000 before me, Tami Fournier personally appeared Louis J. Steiner personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary Public) TAMII FOURNIER `U COMM. # 1213755 Q .� NOTARY PUBLIC -CALIFORNIA MERCED COUNTY 0 69COMM. COMM. EXP. MARCH 21, 2003 - (This area for notarial seal) EXHIBIT A Legal Description Of Property A parcel of land located in the NE 1/4 of the NW 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of the NW 1/4 of Section 3, T.3N., R.1W., B.M., thence S 00°27'37" W 73.00 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision; Thence N 89°10'28" W 570.83 feet to a point; Thence S 45°49'2 7" W 2 8.2 8 feet to a point; Thence S 00°49'22" W 138.15 feet to a point; Thence N 89°10'28" W 20.00 feet to a point; Thence S 45°49"27" W 28.28 feet to a point; Thence S 00°49'22" W 35.03 feet to a point; Thence along a curve to the left 30.16 feet, said curve having a radius of 125.00 feet, a delta angle of 13°49'22", tangents of 15.15 feet, and a long chord bearing S 06'05'19" E 30.08 feet to a point; Thence S 13°00'00" E 5 8.3 8 feet to a point; Thence along a curve to the right 54.28 feet, said curve having a radius of 225.00 feet, a delta angle of 13°49'22", tangents of 27.27 feet, and a long chord bearing S 06°05'19" E 54.15 feet to a point; Thence S 00°49'22" W 133.20 feet to a point; DEVELOPMENT AGREEMENT (AZ -00-016) -17 i Thence along a curve to the right 19.71 feet, said curve having a radius of 325.00 feet, a delta angle of 03°28'29", tangents of 9.86 feet, and a long chord bearing S 02°33'36" W 19.71 feet to a point; Thence S 40°21'05" E 2 8. 11 feet to a point; Thence S 05°00'00" W 50.00 feet to a point; Thence S 85°00'00" E 3.45 feet to a point; Thence S 21°00'00" W 10 7.2 8 feet to a point; Thence S 85°00'00" E 199.27 feet to a point; Thence S 70°00'00" E 204.46 feet to a point; Thence S 84°03'03" E 95.71 feet to a point; Thence S 90°00'00" E 143.73 feet to a point on the east line of said NW 1/4; Thence N 00°27'37" E 766.50 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision, comprising 10.19 acres, more or less. DEVELOPMENT AGREEMENT (AZ -00-016) -18 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Meridian 15360M\Wilkins Ranch AZ016 CUP040 PP\DevelopAgr DEVELOPMENT AGREEMENT (AZ -00-016) - 19 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF STEINER DEVELOPMENT, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 10.19 ACRES FOR WILKINS RANCH VILLAGE SUBDIVISION, LOCATED SOUTH OF USTICK ROAD AND EAST OF BLACK CAT ROAD, MERIDIAN, IDAHO C/C 09-05-00 Case No. AZ -00-016 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 August 15, 2000 and continued until September 5, 2000, at the hour of 7:30 p.m., at the August 15, 2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared in opposition, and at the September 5, 2000 meeting Shari Stiles, Planning and Zoning Administrator, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIONS RANCH VILLAGE PUD (AZ -00-016) F3 appeared and testified, and appearing and testifying on behalf of the applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared and testified in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 15, 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 August 15, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code H 67-6509 and 67-6511, and Meridian City Code H 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 10. 19 acres in size and is located south of Ustick Road and east of Black Cat Road. The property is designated as Wilkins Ranch. 6. The owner of record of the subject property is Louis J. Steiner , of Atwater, California. 7. Applicant is Steiner Development, LLC, of Atwater, California 95301 8. The property is presently zoned by Ada County as R -T, and consists of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) a single-family residence and agricultural uses. 9. The Applicant had requested the property be zoned R-4, but has changed that request to R-8. 10. The subject property is bordered to the north by Ada County land zoned R -T, and a school site and city limits of the City of Meridian are adjacent and abut to the east of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: 48 -Lot Planned Single -Family Development. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) 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 Recommendation of Planning and Zoning Staff as follows: 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 16.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 16.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 16.6 The City has been experiencing problems with pedestrian walkways FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) 14. throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 16.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 16.8 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 16.9 Construct a 5 -foot -wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 16.10 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 16.11 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot -wide concrete sidewalks within 50 feet of right-of-way. 16.12 The proposed knuckles located at the north and south end of Sagefire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) 1-4�- Avenue are approved with the application. No traffic islands are required in the knuckles. 16.13 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 16.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 16.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 16.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 16.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) 16.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 16.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 16.21 The responsibility of the applicant shall be to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. 16.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 16.23 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 16.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions' responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self-identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development, the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILICINS RANCH VILLAGE PUD (AZ -00-016) 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Economic Development Chapter Policies 3.1 U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3c Natural Resources and Hazardous Areas Chapter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U Transportation Chapter Policies 1.6U, 1.9U Open Spaces Parks and Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Design Chapter Policies 1.8, 5.2U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned commercial development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13,. which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides, in part, as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) In 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 10. 19 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 10.19 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City. Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) Adopt the Recommendation of Planning and Zoning Staff as follows: 3.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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 be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.IC 3.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 3.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 3.6 The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISIUN AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) 3.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 3.8 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3.9 Construct a 5 -foot -wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 3.10 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 3.11 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot -wide concrete sidewalks within 50 feet of right-of-way. 3.12 The proposed knuckles located at the north and south end of Sagefire Avenue are approved with the application. No traffic islands are required in the knuckles. 3.13 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) n 3.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 3.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 3.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 3.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 3.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plan. 3.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 3.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 3.21 The responsibility of the applicant shall be to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. 3.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 3.23 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 3.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. S. Subsequent to the passage of the Ordinance provided for in section 4 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 1 day of 5�a, jo 2000. ROLL CALL ' COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) VOTED_411KA— VOTED 7AA--- VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 67 l MOTION: APPROVED ISAPPROVED: VOTED `— Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. OEti,�„atitir+t�,,;,,�r�f Dated: By: BEAL - rty Clerk y t;' ti°' 4T ist • msg/Z:\Work\History\M\Meridian\Wilkins Ranch AZO16 CUP040 PP\AZFfC1s0rder.wpd SFr i•i ` a� f1S Pt; 't�7�ty:i�s� �y f FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC.1 WILI INS RANCH VILLAGE PUD (AZ -00-016) Meridian City Council Meetir September 19, 2000 Page 2 100 vehicles by Ada County Highway District currently in a C -G zone — southwest corner of Meridian Road and northeast corner of Overland Road: Item F. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC — southwest corner of Black Cat and Ustick Roads: Item G. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: PP 00-009 Request for Preliminary Plat approval for 78.4 acres with 263 building lots and 12 other lots for proposed Autumn Faire Subdivision by Gem Star Properties — southwest corner of Black Cat and Ustick Roads: Item H. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of the alley intersecting East 1St between Pine Avenue and Idaho Street on the east side currently in an OT zone for Generations Plaza by Gary Benoit — East 1St and East Pine Avenue: Item I. Findings of Facts and Conclusions of Law: AZ 00-016 Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village planned -unit development by Steiner Development, LLC — south of Ustick Road and east of Black Cat Road: Item J. Findings of Facts and Conclusions of Law: PP 00-016 Request for Preliminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres for proposed Wilkins Ranch Village planned -unit development by Steiner Development, LLC — south of Ustick Road and east of Black Cat Road: Item K. Findings of Facts and Conclusions of Law: CUP 00-040 Request for Conditional Use Permit for proposed Wilkins Ranch Village planned -unit development consisting of 48 single-family lots ranging from 5,252 s.f. to 9,525 s.f. in a proposed R-8 zone by Steiner Development — south of Ustick Road and east of Black Cat Road: Item L. Findings of Facts and Conclusions of Law: VAR 00-017 Request for variance from the maximum 1,000 -foot block length for Bear Creek Subdivision by Briggs Engineering — east of Stoddard Lane and south of Overland Road: Meridian City Council Meeting—, September 19, 2000 Page 3 Item M. Findings of Facts and Conclusions of Law: VAC 00-005 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 22 and 23 of Block 10, The Lakes at Cherry Lane No. 6, by Ron Leslie: Item N. Findings of Facts and Conclusions of Law: VAC 00-007 Request for vacation of public utilities, drainage and irrigation easement along common lot line between Lots 35 and 36, Block 17 of Haven Cove Subdivision No. 9 by Glenn Blaser — east of Ten Mile Road and north of Pine Avenue on Ebbtide Street: Item O. Findings of Facts and Conclusions of Law: VAR 00-013 Request for a variance of the 1,000 -foot maximum block length for proposed Bridgetower Subdivision by Primeland Development Co., LLP, in a proposed R-4 zone — north of Ustick Road and east of Ten Mile Road: Item P. Findings of Facts and Conclusions of Law: AZ 00-017 Request for annexation and zoning of 52.90 acres from RT to R-4 by Primeland Development Co., LLP, for proposed Bridgetower Subdivision — north of Ustick Road and east of Ten Mile Road: Item Q. Findings of Facts and Conclusions of Law: PP 00-017 Request for Preliminary Plat approval for proposed Bridgetower Subdivision with 106 building lots, 1 HOA recreation center, 1 park lot and 19 common lots on 46.2 acres in a proposed R-4 zone by Primeland Development Co., LLP — north of Ustick Road and east of Ten Mile Road: Item R. Findings of Facts and Conclusions of Law: CUP 00-043 Request for Conditional Use Permit to construct a planned -unit development consisting of 106 building lots by Primeland Development Co., LLP for proposed Bridgetower Subdivision — north of Ustick Road and east of Ten Mile Road: Item S. Development Agreement: Packard Acres Subdivision with Packard Estates Development, LLC: Item T. New Beer and Liquor License: Applebee's Neighborhood Grill & Bar by Restaurant Concepts II, LLC — 1460 North Eagle Road: Item U. Resolution No. 336: For first addendum for franchise agreement to perform solid waste collection for SSI to provide for the addition of recycling program: Meridian City Council Meeting, September 19, 2000 Page 4 Item V. Resolution No. 337: To provide for the increase in rates and set solid waste collection rates: Corrie: Okay, Council. You have the Consent Agenda in front of you. What would you like to do with that? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Item B we'd like to table to October 3, 2000; Item D tabled to October 3, 2000; We'd like to pull Item F to 1 F on the regular agenda; pull Item G to 1 G on the regular agenda; pull Item H to 1 H on the regular agenda; and U, the number is 336, Resolution No. 336; and V is Resolution No. 337. With that I would make a motion that we approve the Consent Agenda as noted. McCandless: I'll second. Corrie: Motion made and seconded to approve the Consent Agenda with Item B being tabled until October 3rd and Item D to October 3rd and F, G and H would be pulled and be the first items on the regular agenda. Is there any further discussion? Hearing none. Roll -call vote, Mr. Berg. Roll -call: Anderson, aye; De Weerd, aye; Bird, aye; McCandless, aye. MOTION CARRIED: ALL AYES. Item F. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC — southwest corner of Black Cat and Ustick Roads: Corrie: Now, the Regular Agenda. We will take up Item F which is pulled from the Consent Agenda. This is the Item — Findings of Facts Conclusion of Law: AZ 00-009 — request for annexation and zoning of 101.4 acres from RT to R-4 for Autumn Faire Subdivision. Staff, comments. Nichols: Mr. Mayor, members of the Council. The revisions to the proposed Meridian City Council Meetinq, September 19, 2000 Page 4 Item V. Resolution No. 337: To provide for the increase in rates and set solid waste collection rates: Corrie: Okay, Council. You have the Consent Agenda in front of you. What would you like to do with that? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Item B we'd like to table to October 3, 2000; Item D tabled to October 3, 2000; We'd like to pull Item F to 1 F on the regular agenda; pull Item G to 1 G on the regular agenda; pull Item H to 1 H on the regular agenda; and U, the number is 336, Resolution No. 336; and V is Resolution No. 337. With that I would make a motion that we approve the Consent Agenda as noted. McCandless: I'll second. Corrie: Motion made and seconded to approve the Consent Agenda with Item B being tabled until October 3rd and Item D to October 3rd and F, G and H would be pulled and be the first items on the regular agenda. Is there any further discussion? Hearing none. Roll -call vote, Mr. Berg. Roll -call: Anderson, aye; De Weerd, aye; Bird, aye; McCandless, aye. MOTION CARRIED: ALL AYES. Item F. Tabled from September 5, 2000: Findings of Facts and Conclusions of Law: AZ 00-009 Request for annexation and zoning of 101.4 acres from RT to R-4 for proposed Autumn Faire Subdivision by Gem Star Properties, LLC — southwest corner of Black Cat and Ustick Roads: Corrie: Now, the Regular Agenda. We will take up Item F which is pulled from the Consent Agenda. This is the Item — Findings of Facts Conclusion of Law: AZ 00-009 — request for annexation and zoning of 101.4 acres from RT to R-4 for Autumn Faire Subdivision. Staff, comments. Nichols: Mr. Mayor, members of the Council. The revisions to the proposed findings after I received a letter from the attorney for the applicant pointed out some corrections that needed to be made. I can go through those fairly quickly. This is on the annexation and zoning. Page 1, we had incorrectly listed Langley Farms as the applicant, when in fact it was Gem Star Properties, so we made that correction. Then down to page 6 — what previously was Item 16.8 and 16.10 in the previous ones were duplications, so we just left 16.8 and moved the rest of them up. Then, the next item, which was also on page 6, which is Item 16.13 in the revised findings, they wanted us to designate where this pathway was going August 31, 2000 ,,�Ntember 5, 2000 MERIDIAN CITY COUNCIL MEETING ITEM NO. APPLICANT SteinerDevelopment, LLC o it 97 acres from RT REQUEST Con timed from 8/15/00 - Request for annexation and zonin ast oflBlack Cat Road to R-8 for proposed Wilkins Ranch Villa e PUD - south of Ustick Road an e AZ 00-016 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted:tn1PJ COMMENTS See previous item packet Date: Iq Phone: Materials presented at public meetings shall become property of the City of Meridian. to BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF STEINER DEVELOPMENT, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 10.19 ACRES FOR WILKINS RANCH VILLAGE SUBDIVISION, LOCATED SOUTH OF USTICK ROAD AND EAST OF BLACK CAT ROAD, MERIDIAN, IDAHO FIL E torr CIC 09-05-00 Case No. AZ -00-016 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 August 15, 2000 and continued until September 5, 2000, at the hour of 7:30 p.m., at the August 15, 2000 meeting Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared in opposition, and at the September 5, 2000 meeting Shari Stiles, Planning and Zoning Administrator, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) appeared and testified, and appearing and testifying on behalf of the applicant was Steve Arnold of Briggs Engineering, Inc., and no one appeared and testified in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 15, 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 August 15, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 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, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 10. 19 acres in size and is located south of Ustick Road and east of Black Cat Road. The property is designated as Wilkins Ranch. 6. The owner of record of the subject property is Louis J. Steiner , of Atwater, California. 7. Applicant is Steiner Development, LLC, of Atwater, California 95301. 8. The property is presently zoned by Ada County as R -T, and consists of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) is a single-family residence and agricultural uses. 9. The Applicant had requested the property be zoned R-4, but has changed that request to R-8. 10. The subject property is bordered to the north by Ada County land zoned R -T, and a school site and city limits of the City of Meridian are adjacent and abut to the east of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: 48 -Lot Planned Single -Family Development. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) 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 Recommendation of Planning and Zoning Staff as follows: 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 16.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 16.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 16.6 The City has been experiencing problems with pedestrian walkways FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) Avenue are approved with the application. No traffic islands are required in the knuckles. 16.13 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 16.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 16.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 16.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 16.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 16.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 16.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 16.20 C onstnlction iicP anti nrnnPrt,%r 01-11 1— .f 1stI throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 16.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 16.8 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 16.9 Construct a 5 -foot -wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 16.10 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 16.11 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot -wide concrete sidewalks within 50 feet of right-of-way. 16.12 The proposed knuckles located at the north and south end of Sagefire will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure'that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions' responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self-identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIQNS RANCH VILLAGE PUD (AZ -00-016) CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development, the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Economic Development Chapter Policies 3.1 U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3c Natural Resources and Hazardous Areas Chanter Policies 1.1 U, 2.1 U, 2.5U, 3.1 U, 4.1 U Transportation Chapter Policies 1.6U, 1.9U Open Spaces Parks and Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Design Chapter Policies 1.8, 5.2U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned commercial development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides, in part, as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 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 10.19 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 10.19 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City. Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de -annexation, with the City of Meridian, which provides for the following conditions of development, to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILI INS RANCH VILLAGE PUD (AZ -00-016) i Adopt the Recommendation of Planning and Zoning Staff as follows: 3.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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 be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 3.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 3.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition shall be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 3.6 The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer shall also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 3.7 A Development Agreement shall be required as a condition of annexation. Adopt the Recommendation of the Ada County Highway District as follows: 3.8 Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 3.9 Construct a 5 -foot -wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 3.10 Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road Intersection. The turn lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 3.11 Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot -wide concrete sidewalks within 50 feet of right-of-way. 3.12 The proposed knuckles located at the north and south end of Sagefire Avenue are approved with the application. No traffic islands are required in the knuckles. 3.13 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 3.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with the application, shall be stated on the final plat. 3.15 A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement shall result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. 3.16 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. 3.17 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193, also known as Ada County Highway District Road Impact Fee Ordinance. 3.18 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plan. 3.19 Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 3.20 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) 3.21 The responsibility of the applicant shall be to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. 3.22 Applicant shall be required to call DIGLINE at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 3.23 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from the ACHD. 3.24 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. S. Subsequent to the passage of the Ordinance provided for in section 4 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the/ q 7 day of �; , 2000. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILKINS RANCH VILLAGE PUD (AZ -00-016) VOTED—V%A_ VOTED VOTED VOTED_*tom MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: z�?b MOTION: APPROVED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. r By. Dated: > BEAL >,ty Clerk c y tf; l msg/Z:\Work\History\M\Meridian\Wilkins Ranch AZO16 CUP040 PP\AZFfClsorder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY STEINER DEVELOPMENT, LLC. / WILIGNS RANCH VILLAGE PUD (AZ -00-016) 33 East Idaho Meridian, ID 83642 Ph: 208-888-4433 Fax: 208-888-4218 City of Meridian City Clerk's Office To: Steve O'Brien From: Shelby Fax: Pages: 6 Phone: Date: 09/15/00 Re: Wilkins Ranch Ordinance cc: For October 31d Meeting ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Thanks!! Shelby March 30, 2001 AZ 00-016 MERIDIAN CITY COUNCIL MEETING April 3, 2001 APPLICANT Steiner Development, LLC ITEM NO. to REQUEST Ordinance - annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village planned -unit development - south of Ustick Road and east of Black Cat Road AGENCY COMMENTS CITY CLERK: See attached Ordinance CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: / CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: C D 1 MERIDIAN POST OFFICE: �r y ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: ll' NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ck u , �N� Date: Phone: 34,4 -9-loo Materials presented at public meetings shall become property of the City of Meridian. r., WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. JULIE KLEIN FISCHER CHRISTOPHER S. NYE Wm. F. GIGRAY, III PHILIP A. PETERSON BRENT J. JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE** *Also admitted in OR ** Also admitted in WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 ATTORNEYS AT LAW 200 EAST CARLTON AVE., SUITE 31 POST OFFICE BOX1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288-2501 EMAIL @WPPMG.COM September 13, 2000 NAMPA OFFICE 104 9TH AVE. SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL. (208) 466-9272 FAX (208) 4664405 PLEASE REPLY TO MERIDIAN OFFICE Re: WILKINS RANCH VILLAGE SUBDIVISION AZ -00-016 /ANNEXATION AND ZONING ORDINANCE (R-8) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for Steiner Development, LLC. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the planned unit development process and conditional use permit process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. 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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: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ -00-016) - 1 AIN Commencing at the northeast corner of the NW 1/4 of Section 3, T.3N., R.1W., B.M., thence S 00°27'37" W 73.00 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision; Thence N 89°10'28" W 570.83 feet to a point; Thence S 45°49'27" W 28.28 feet to a point; Thence S 00°49'22" W 138.15 feet to a point; Thence N 89°10'28" W 20.00 feet to a point; Thence S 45°49"27" W 28.28 feet to a point; Thence S 00°49'22" W 35.03 feet to a point; Thence along a curve to the left 30.16 feet, said curve having a radius of 125.00 feet, a delta angle of 13°49'22", tangents of 15.15 feet, and a long chord bearing S 06'05'19" E 30.08 feet to a point; Thence S 13°00'00" E 58.38 feet to a point; Thence along a curve to the right 54.28 feet, said curve having a radius of 225.00 feet, a delta angle of 13°49'22", tangents of 27.27 feet, and a long chord bearing S 06'05'19" E 54.15 feet to a point; Thence S 00°49'22" W 133.20 feet to a point; Thence along a curve to the right 19.71 feet, said curve having a radius of 325.00 feet, a delta angle of 03°28'29", tangents of 9.86 feet, and a long chord bearing S 02°33'36" W 19.71 feet to a point; Thence S 40°21'05" E 28.11 feet to a point; Thence S 05°00'00" W 50.00 feet to a point; Thence S 85000'00" E 3.45 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ -00-016) - 2 Thence S 21°00'00" W 107.28 feet to a point; Thence S 85°00'00" E 199.27 feet to a point; Thence S 70°00'00" E 204.46 feet to a point; Thence S 84°03'03" E 95.71 feet to a point; Thence S 90°00'00" E 143.73 feet to a point on the east line of said NW 1/4; Thence N 00°27'37" E 766.50 feet along the east line of said NW 1/4 to the REAL POINT OF BEGINNING of this subdivision, comprising 10.19 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps 'as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 9,ea day of g, 260&, and that the uses are to be developed under the planned unit development process and conditional use permit process. ANNEXATION AND ZONING ORDINANCE (AZ -00-016) - 3 I- , SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. ANNEXATION AND ZONING ORDINANCE (AZ -00-016) - 4 12�101-- PASSP BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _ day of , -00 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 3 2A day of , 2oo Zoo v MA ti ATT T:`'#°r SEAL CITY CLERIC �� s STATE OF IDAHO,) Eti:i 1 County of Ada. ) On this3a-'—'( day of AL wL , A4, lbefore 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 days jpAyrar first above written. • U •. 0 T. t• (SEAL) �x� ,i ; NOTAR P C FOR IDAHO RESIDING AT:G�- s,, 1c; o MY COMMISSION EXPIRES:g p�'a�o . 0--F-ID..� °ftawaso- MSG\Z:\Work\N1\Meridian 15360M\Wilkins Ranch A7-016 CUP040 P?\AZOrd ANNEXATION AND ZONING ORDINANCE (AZ -00-016) - 5 N VALAM AVE D m n y N VALAM AVE ::P0� N FIRELIGHT PL r Nrj w (0 w N to _ r M N o0 0 " S00'49'22'1N N 8 0,�lo 'I C 138.15' z s z Til co z 14 AAj pCo cnO -4 c0 �a O C) 0 0 co g w co D to 1 rn m co m o N00'27'37"E O 0 766.50' a6papna tJ O - r 0 N m d rn NIWET AY r r r r r r r r r r O ID co V W C n A w N Z � m Z o 8 0ca� z �m G T do ZZ O 00 N OCY)ND O A O� O ACD i+.CO o Z m A -•N V•00 W OfT (O�m 00 00A O'A A -+A D co T _ t0 A O WOpo t0 ptp (DOtO Z) C5 C5 O O N NN N 02 W O p O N Z w O N V tD -1 mini M- - t g _ �O WO w O to PCTm0rn--1 N CT O- N W O N O N D D 4M N °'`Itpo O m -�O ODw coo CID m N VALAM AVE D m n y N VALAM AVE ::P0� N FIRELIGHT PL EAVE Q f0.� M 8 0,�lo s z m www D to 1 rn m nia>m ro .. N Z N -4 o 0 O mcomr t,7) 1 c zm r 0 co N D s� O 0 Z z -n z ;r,,D Z - ?O K w Z o w to _ cn to 0ca� z �m G T do ZZ O o Z =I' _ t0 A O O 02 O N VALAM AVE D m n y N VALAM AVE ::P0� N FIRELIGHT PL N f0.� M m NOAMI L www p nia>m mcomr t,7) 1 W -0 co N D m 0 - 0 Z w to _ cn to D Z - - Z p G T to 0 0 p p C _ t0 A O r Z 02 t CON D 4M N °'`Itpo Z CD U) N 9 T W tT t W - t0 tA Ocnc Mo CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. j2t!�; q!57 passed by the City Council of the City of Meridian, on the 31'° day of -460&, is a true and correct copy of the original of said document which is in the care, custody and control is ,E.City Clerk of the City of Meridian. fie• q" BEAL STATE OF I13A ss. County of Ada, On this �r-6-(- day of AIQIU , in the year 2000, before me, ✓I , a Notary Public, appeared WILLIAM . BERG, YR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the sari? �►of the City of Meridian. `i • o o °�CISI 14; O s' (SEAL) •;.� - �,®• Notary Pub ' Id o •••• o oog Commission Expires: msg\Z:\Work\M\Meridian 15360M\Wilkins Ranch AZO 16 CUP040 PP\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -00-016 August 10, 2000 AZ 00-016 MERIDIAN CITY COUNCIL MEETING August 15, 2000 APPLICANT Steiner Development, LLC ITEM NO. 13 REQUEST Request for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village PUD - south of Ustick Road and east of Black Cat Road AGENCY COMMENTS CITY CLERK: See attached revised application reflecting R-8 zoning CITY ENGINEER: CITY PLANNING DIRECTOR: See attached July 14th comments CITY ATTORNEY See attached Recommendations CITY POLICE DEPT: See attached CITY FIRE DEPT: See attached CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: See attached MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: See attached CENTRAL DISTRICT HEALTH: See attached NAMPA MERIDIAN IRRIGATION: See attached SETTLERS IRRIGATION: I IDAHO POWER: US WEST:��" INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached from Briggs Engineering Contacted:. &/N_0- _ Cit Date: j C Phone: --q 7 6V Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN �...� RECEIVED East Idaho Street, Meridian, ID 836 Phone: (208) 888-4433 JUL 2 4 2000 Fax• (208) 887-4813 CITY OF MERIDIAN CITY Cl ERIK OFF- - - APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Wilkins Ranch Village GENERAL LOCATION: NW ;/4 Section 3 T 3N R i W (South of Ustick & east of Black Cat) TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Residential ACRES OF LAND IN PROPOSED ANNEXATION: 10.19 Acres PRESENT LAND USE: Residential and Agricultural (1) existing home PROPOSED LAND USE: (48) single family lots (PUD) PRESENT ZONING DISTRICT: RT(Rural Transition) PROPOSED ZONING DISTRICT. R-8 Medium Density Residential) APPLICANT: Steiner Development LLC PHONE: 884-2076 ADDRESS: 554 E. Bellevue Road Suite B Atwater CA 95301 ENGINEER, SURVEYOR, OR PLANNER: Briggs Engineering, Inc. PHONE: 344-9700 ADDRESS: 1800 W. Overland Road Boise Idaho 83705 OWNER(S) OF RECORD: Louis J. Steiner PHONE: 884-2076 ADDRESS: 554 E. Bellevue Road Suite B Atwater CA 95301 Signatur of appiica 9gO4 t ?Awmex-Te7one-mer MEMORANDUM: July 14, 2000 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer, Shari Stiles, P&Z Administrator �= Re: Request for Annexation and Zoning of 10.19 Acres to R-4 and Preliminary Plat with a Conditional Use Permit for a 48 -Lot Planned Single-family Development by Steiner Development, LLC We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The parcel is located one-half mile west of Ten Mile Road on Ustick Road. SURROUNDING PROPERTIES This parcel is bordered on the east by Dakota Ridge Subdivision (R-4 subdivision) and a future elementary school site. Plat approval has been received for the property on the south and west for Wilkins Ranch Subdivision, an R-4 development with minimum lot sizes of 8,000 square feet. North of Ustick Road from this property is unincorporated property zoned RT. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. WilkinsRanch Village.AZ.PP.CUP.doe AZ -00.016, CUP -00-040, PP -00-016 s n HUB OF TREASURE VALLEY MAYOR A Good Place to Live Robert D. Come CITY COUNCIL MEMBERS CITY OF MERIDIAN \ 33 EAST IDAHO `,l Ron Anderson R Bird Keith Bird MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 Tammy d City Clerk Office Fax (208) 888-4218 Cherie McCandless MEMORANDUM: July 14, 2000 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer, Shari Stiles, P&Z Administrator �= Re: Request for Annexation and Zoning of 10.19 Acres to R-4 and Preliminary Plat with a Conditional Use Permit for a 48 -Lot Planned Single-family Development by Steiner Development, LLC We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: LOCATION The parcel is located one-half mile west of Ten Mile Road on Ustick Road. SURROUNDING PROPERTIES This parcel is bordered on the east by Dakota Ridge Subdivision (R-4 subdivision) and a future elementary school site. Plat approval has been received for the property on the south and west for Wilkins Ranch Subdivision, an R-4 development with minimum lot sizes of 8,000 square feet. North of Ustick Road from this property is unincorporated property zoned RT. GENERAL REQUIREMENTS All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. WilkinsRanch Village.AZ.PP.CUP.doe AZ -00.016, CUP -00-040, PP -00-016 s Planning & Zoning Comm. on/Mayor & City Council July 14, 2000 Page 2 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 5. If possible, respond in writing to the each of the comments contained in this memorandum, by noon on Tuesday, July 18, 2000. Submit ten copies of the revised preliminary plat map to the City Clerk's office prior to the public hearing at the City Council. ANNEXATION AND ZONING GENERAL COMMENTS 1. The legal description is correct and places the parcel contiguous to existing city limits. 2. The requested zoning of R-4 is compatible with adjacent properties within the City. ANNEXATION SITE SPECIFIC REQUIREMENTS 1. Chapter 6 of Title 12, Meridian City Ordinance, sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 2. The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition should be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 3. The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer should also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian walkway lot. 4. A Development Agreement will be required as a condition of annexation. PRELIMINARY PLAT COMMENTS Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. W fflcjwRanchVillage.AZ.PP.CUP.doc AZ -00-016, CUP -00-040, PP -00-016 Planning & Zoning Comm- .on/Mayor & City Council July 14, 2000 Page 3 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Sanitary sewer and water service to this site shall be via extensions from mains proposed to be installed in the adjacent phases of Wilkins Ranch Subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 4. The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing home that is located within the boundaries of this subdivision. 5. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6. Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape 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. 7. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing will be permitted within the landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 8. 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 drag 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, a single -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 to signature on the final plat by the Meridian City Engineer. If City water is proposed as WilkinsRanchV llage.AZ.PP.CUP.doc AZ -00-016, CUP -00.040, PP -00-016 Planning & Zoning Comn.. ion/Mayor & City Council July 14, 2000 Page 4 a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 9. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. 10. Submit compaction test results to the Meridian Building Department for all lots receiving fill material. 11. Submit ten copies of the revised preliminary plat prior to public hearing at City Council. CONDITIONAL USE COMMENTS As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2. Variances to the Ordinance that would be required if this development is approved as proposed would include the following: R-4 Standard Proposed Minimum house size 1,400 s.f. 1,300 s.f. (?) Minimum lot size 8,000 s.f. 5,252 s.f. Minimum frontage 80 feet 52 feet Maximum block length 1,000 feet 1,800+ feet 3. Storage areas shall be provided for the anticipated needs of boats, campers and trailers per Ordinance Section 12-6-8 unless the City Council approves otherwise. 4. Because this development is proposed to be single-family homes with two -car garages and 20 -foot setbacks, the additional parking space requirement is not necessary. 5. A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas per Ordinance Section 12-6-8.A.3. 6. Both the Comprehensive Plan (Housing chapter, pg. 68, para. 1.18) and the Subdivision Ordinance (12-6-6) require that variations pertaining to PD's shall not exceed 25% of the existing requirements. The developer is responsible for documentation of any bonus density. With the information provided, it is difficult to determine if the 25% maximum change is exceeded. Staff requests that the Applicant provide further detail, specifically showing that bonus densities are in compliance with the above-cited ordinance and that W ilkmR=ch Villaga.AZPP.CUP.doc AZ -00-016, CUP-MO40, PP -00-016 Planning & Zoning Comm. .ion/Mayor & City Council July 14, 2000 Page 5 75% comply with the existing R-4 standards. The applicant has indicated that 1.09 acres of common area is being provided. 7. No signage details were submitted (design or location). Staff recommends monument - type signage along Ustick Road. Detailed signage plans will be subject to design review and separate permits. 8. Ordinance 12-6-7.1) requires that all planned developments provide underground utilities throughout the entire project site. RECOMMENDATION Although the conditional use permit application states that they are requesting a bonus density of 17%, staff does not agree with the methodology used to arrive at the 17% bonus density. Staff recognizes that City Ordinance as relates to planned developments is in need of revision, as it has been subjected to various interpretations. It appears the only criteria used for calculating the bonus density was to take the total acreage of the parcel, multiplying by 4 for the maximum lots allowed in an R-4 zone, and multiplying that result by 117%. The minimum residential house size is printed as 1,400 square feet on the plat, but crossed out to show 1,300 square feet, and the plat application itself indicates a minimum square footage of 1,100 square feet. A 25% reduction in the house size required in an R-4 zone would be 1,050 square feet. Staff recommends that 25% of the lots, or 12 homes, may be less than the 1,400 square feet required in the R-4 zone, but no less than 1,300 square feet. The adjacent Dakota Ridge Subdivision has a minimum house size of 1,500 square feet. The minimum square footage of lots shown on the application is 5,252 square feet. Even in an R-8 zone, the minimum lot size would be 6,500 square feet. A 25% reduction of the 8,000 -square -foot lot size required in the R-4 zone would yield 6,000 -square - foot lots. The City has retained a consultant to assist in revising the planned development sections of the Ordinance and would appreciate any input from the Planning and Zoning Commission on the subject. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project: The subject property is located in an area designated as Single-family Residential in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. Economic Development Chapter Policies 3.1U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3.c WilkinsRanch Village.AZ.PP.CUP.doc AZ -0"16, CUP -00.040, PP -00-016 Planning & Zoning Comm-ton/Mayor & City Council July 14, 2000 Page 6 Natural Resources and Hazardous Areas Chapter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U Transportation Chapter Policies 1.6U, 1.9U Open Space Parks & Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Design Chapter Policies 1.8, 5.2U WilkinsRanchvlkige.AZPP.CUP .doc AZ -00-016, CUP4)0-040, PP -00-016 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JuLIE KLm FISCHER 200 EAST CARLTON AVENUE Wn F. GIoRAY• In POST OFFICE BOX 1150 BRENT J. JOHNSON D.SAmum JOHNSON MERmJAta, IDAHO 83680-1150 WuziAM A. MoRRow WILIAM F. NICHOLS TEL 208) 288-2499 CHRISTOPHER S. NYE FAX (08) 288-2501 PHILIP A. PETERSON STEPHEN L. PRuss ERIC S. RossMAx TODD A. ROSSMAN DAvu) M. SwAR= TERRENcER. WHITE August 1, 2000 To: Staff Applicant Affected Property Owner(s) Re: Application Case No. AZ -00-016 NAWA OFFICE 104 NINTH AvENuE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL.FAX (08))466-9272 4664405 PLEASE REPLY TO MERIDIAN OFFICE PcEyvED AUG - 7 2000 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plaiuung and Zoning Commission; and 2. That you carefullycomplete (be sure it is legible) the Position Statement if you dsagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this and is available at the City Clerk's office. It is recommended thatyou 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 (8) copies. The copies will be Cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ity Attorney. If you are a part of a group, it is strong/y recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. ly/ Very truly yours BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 10.19 ACRES FOR WILIQNS RANCH PUD BY STEINER DEVELOPMENT, LLC Case No. AZ -00-016 RECOMMENDATION TO CITY COUNCIL INTRODUCTION REcErVED AUG - 7 2000 CITY OF MERIDIAN 1. The property is approximately 10. 19 acres in size and is located south of Ustick Road and east of Black Cat Road. The property is designated as Wilkins Ranch. 2. The owner of record of the subject property is Louis J. Steiner , of Atwater California, Meridian, Idaho. 3. Applicant is Steiner Development, LLC, of Atwater, California, Idaho. 4. The property is presently zoned by Ada County as R -T, and consists of a single family residence and agricultural uses. 5. The Applicant had requested the property be zoned R-4, but has changed that request to R-8. 6. The subject property is bordered to the north by a City residential subdivision, and a school site, and city limits of the City of Meridian are adjacent and abut to the east of the subject property. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - WILKINS RANCH TO R-4 - STEINER DEVELOPMENT, LLC 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 and is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: 48 -Lot Planned Single -Family Development. 10. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 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 for the property described in the application, but recommend zoning of R-8 Medium Density Residential, and not R-4 as requested, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering Department as follows: 1.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - WILKINS RANCH TO R-4 - STEINER DEVELOPMENT, LLC piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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 Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Five -foot -wide sidewalks and pedestrian wallcways shall be provided in accordance with City Ordinance Section 12-5-2.K. 1.4 Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 1.5 The application indicates the current use of the property is agricultural and residential and that one existing home and an accessory building occupy the parcel. In fact, the property also contains an illegal mobile structure that is being used for office space by the developer. The mobile building is not an approved use in the proposed R-4 zone, and a condition should be placed on the applicant that the mobile building be removed prior to passage of an annexation ordinance. 1.6 The City has been experiencing problems with pedestrian walkways throughout the City. As a condition of annexation, the developer shall be required to construct the walkway and three -foot -high fencing on each side of the common lot. The developer should also be required to place a deed restriction on Lots 8 and 10, Block 2, to prohibit the construction of any fencing higher than three feet on the sides adjacent to the pedestrian wallcway lot. 1.7 A Development Agreement will be required as a condition of annexation. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - WILKINS RANCH TO R-4 - STEINER DEVELOPMENT, LLC HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (..'08) �88-_499 •Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird NIERIDIAN, 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: July 7, 2000 TRANSMITTAL DATE: June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development, LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 _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) A -k J U N 2 1 2000 CITY C1; N KUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 •Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird 1VIERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 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: July 7 2000 TRANSMITTAL DATE: June 20, 2000 _HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development, LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 _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 CONCISE REMARKS: (o Z 1p —0 0 .V"4_ 11.'N Preparing Today's O Students For N Tomorrow'sChallengess.. joint School District No. 2 PFp91e. Mec�a`o� 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell RFIVCE�,]j June 26, 2000 J U 1 12 2000 CITY OF KER.MAN City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888-6701. Reference: Wilkins Ranch Subdivision Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary is over capacity. Meridian Middle School is over capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Eagle High School is also at capacity. We can predict that these homes, when completed, will house thirteen (13) elementary aged children, eleven (11) middle school aged children, and thirteen (13) senior high aged students. Sincerely, Wendel Bigham, Supervisor of Facilities and Construction 0 n Ada CottntV-__Riy4waV 2Vti,t Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us July 25, 2000 RECEIVE]) TO: Louis J. Steiner Steiner Development, L.L.C. J U L 2 7 2000 554 E. Bellevue Rd., Suite B MY OF MERIDM Atwater, CA 95301 FROM: Christy Richardson, Principal Development Analyst Planning & Development 9. Ae��> SUBJECT: Preliminary Plat: Wilkins Ranch Subdivision/ MAZ-00-016/M C U P-00-040/MPP-00-015 s/o Ustick Road and e/o Black Cat Road On July 19, 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 public 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. 2 rmo 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 Stan McHutchison Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat — Wilkins Ranch Village/ 48 -lot subdivision MAZ-00-016/MCUP-00-040/MPP-00-015 Wilkins Ranch Village is a 48 -lot residential subdivision on 10.19 -acres. The applicant is also requesting annexation and rezone from RT to R-4 within the City of Meridian, and a conditional use permit to allow for a planned unit development. The site is located on the south side of Ustick Road, approximately 1/3 -mile east of Black Cat Road. This development is estimated to generate 470 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road Black Cat Road ACHD Commission Date — July 19, 2000 - 12:00 p.m. Wilkins Ranch Village.cmm Page 1 RT RT 10DO 0 1000 I _ 2000 Feet 1mm-mmm11mw ii i■1 11I� ■/ M 1i 14 RT G RT PEP V, 76 i �►11 i111 �� i1 �� 1♦j ♦♦1�1 ��J L!■■ ■ �I�� I�I/11111►�� ■IIIIIII■ HALF MILE RADIUS MAP WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO VICINITY MAP - 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO Facts and Findings: A. General Information Owner — Louis Steiner Applicant — Briggs Engineering RT - Existing zoning R-4 - Requested zoning 10.19 - Acres 48 - Proposed building lots 1,780 - Total lineal feet of proposed public streets 260 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ustick Road Minor arterial with bike lane Traffic count of 1,806 on 8-31-99 (e/o Black Cat Road) 650 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Ustick Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. B. On June 26, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 30, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. Wilkins Way, the main entrance to this subdivision, was previously approved as part of the Wilkins Ranch Subdivision, with two 21 -foot street sections with curb, gutter and 5 -foot wide sidewalk separated by a center median and located at the west property line of the current application site. E. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 -feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. F. The applicant is proposing to construct a knuckle on the north and south end of Sagefire Avenue. No traffic islands will be required in the knuckles. Wilkins Ranch Village.cmm Page 2 G. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. H. The applicant is proposing to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. The applicant should be required to construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. The existing transportation system will be adequate to accommodate the 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: Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 - feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 3. Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 4. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. The proposed knuckles located at the north and south end of Sagefire Avenue are approved with this application. No traffic islands are required in the knuckles. Wilkins Ranch Village.cmm Page 3 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 7. Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Wilkins Ranch Village.cmm Page 4 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Planning and Development Staff July 19, 2000 Wilkins Ranch Village.cnun Page 5 CENTRAL CEn ,(AL DISTRICT HEALTH DEPAR. ENT •• DISTRICT Environmental Health Division HEALTH Retu� Boise DEPARTMENT ❑Eagle Rezone # �' --- Com(-� — / �, ❑ Garden City Conditional Use # ,Meridian❑ Kuna Preliminary / Final / Short Plat ❑ Acz I. 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. ❑ S. 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: CDHD 10/91 rd, rev. 7/91 Review Sheet ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: Reviewed By: CDHD 10/91 rd, rev. 7/91 Review Sheet June 28, 2000 ECEIVED R !u% 3 C 2000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 Meridian City Hall 33 East Idaho Meridian, ID 83642 Re: AZ -00-016 Rezone from RT to R-4 for Proposed PUD / Wilkins Ranch Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above- mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 J U L 1 J 2000 BR/GGS ENGINEMUNG, /nr- O m 1800 West Overland Road ENW 151PLANNEM/SLNMEYORS Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail bd9gs@micron.net July 18, 2000 Ms Shari Stiles Mr. Bruce Freckleton City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Re: Wilkins Ranch Village (Annexation, Rezone, Preliminary Plat, PUD & Conditional Use Applications) Dear Shari and Brad: This letter is in response to staff comments dated July 13, 2000 General Requirements : I . Internal irrigation and drainage ditches will be piped or rerouted by a prior phase of this development. The Rutledge Drain adjoining the west boundary of the Dakota Ridge Subdivision will be piped. The section of the adjoining north property will also be piped by a previous phase of the Wilkins Ranch Development. 2. A septic system and two wells presently exist on the property. The septic system and residential well will be removed per City Ordinance. 3. The applicant will comply. 4. The applicant will comply. Annexation and Zoning C*Pneral Commemc_ 1. Yes the legal description is correct.. 2. The request for R-4 is compatible with adjacent properties. Annexation Site Specific Requirements 1. We are in agreement. 2. The applicant will comply with relocating the mobile home. The existing single family dwelling will remain on proposed Lot 6, Block 1. The applicant will be remodel the building and access to the building will be provided o#1' Nieman Street. The building will require a variance of the required 15 -foot setback requirement (by approximately 2 -feet). The variance is required due to a 25 -foot landscape buffer and right-of-way dedication to the Ada County Highway District. The City requires a 20 -foot landscape buffer but more provided for because a wider buffer between the residential use and the arterial roadway. 3. We are in agreement. 4. The applicant will comply and enter into a development agreement. 0101\CityMer Hawkias-Cleric Responw,ltr 8R/GGS ENG/NEER/NCa /nc. �aoo ��over�and Road- eo�e, idghe 83705 nR� Baa -quo i Preliminga Plat General Comments: 1. The applicant will comply. 2. The applicant will comply. 3. :_The applicant will comply. PreliminM Plat Requirements: 1. "-The applicant will comply. 2. 'The applicant will comply. 3. -_The applicant will comply. 4. "The applicant will comply. 5. -The applicant will comply 6. The applicant will comply. 7. The applicant will comply. 8. The pressurized irrigation system will be designed to Nampa and Meridian Irrigation District standards. The system will be owned and maintained by Nampa Meridian Irrigation District with approval by the District Board. A year around source of irrigation water is available from the Eight Mile Lateral and the secondary source will be from the Nine We Creek east of the project site. 9. The applicant will comply. The applicant will comply. f71. N/A 1. The applicant understands. y 2. .The applicant will be requesting a variance for the minimum square footage requirement j =der the R-4 zone. Under the R-4 zone the applicant is required to construct a 11400- �square foot building. The applicant is proposing to construct 1,100 -square foot homes. _-The applicant is requesting the variance to provide a mix of use within the development _and the near vicinity of the development. To the south (Lake at Cherry Lane No. 9, and Wilkins Ranch No. 1) the lots are varying from the standard 8,000 -square foot lots to over :;20,000 -square feet. The applicant will also be requesting a density bonus allowed under _City Ordinace 12-6-6 for lots less than 8,000 -square feet (see below for greater detail concerning the 25 -percent density bonus). The applicant is requesting a variance for the t . -minimum lot frontage on a public street from 80 -feet to 52 -feet and also the minimum ,. block length of 1,000 -feet to 1,800 -feet. Pathways will be provided where the block _length exceeds 1,000 -feet. 3. The applicant is providing single familyhomes with two car garages and 20 -foot front set -backs. The additional parking space requirement is not necessary per statement No. 4. 4. The applicant understands (see No. 3 above) 5. No maintenance buildingis ro osed with the single-family �- proposed development. The applicant intends to contract with a landscape company for maintenance of common areas and landscaping. Therefore, this requirement should be deleted and/or is not aplicable. 6. Per City Ordinance 12-6-6: Bonus Densities are allowed provided: (1) Provision for Private, common open space in a PD shall be considered cause for density increases not to ' 01011CityMer Hawkins -Clark R esponse.ltr 'A V1CC.;7ct cora7T exceed twenty five percent(250/*)." The applicant is providing a 1.09 -acre pocket park centrally located within the development. Play equipment will be installed in the park. The roads around the park have been single loaded for easy access to the park area and enhanced visibility, which provides for safety and aesthetics. The standard open space for this site is approximately 9,000 -square feet (not accounting for the park site). The applicant is proposing open space in excess of 9,000 -square. The entire site is 10.19 - acres. An R--4 zone will allow 4 -dwelling units per acre. With the size of the site, the applicant would be allowed 40 -dwelling units per acre without a density bonus. With a density bonus of 25 -percent the applicant would be allowed 50 -lots (25 X 40 =10, 10 + 40 = 50 -lots) under the City Ordinance (12-6-6). The applicant is only requesting 48 -lots which is a 17 -percent density bonus. 7. The applicant will comply. 8. The applicant will comply. Sincerely, BRIGGS ENGRUMRING, Inc. Steve Arnold _- ;Project Manager/Land Use Planner BLBA 0101\CityMer Hawkins -Clark Response.ltr �A ' a ctcc�crc-oraaT BR/G'GS ENG/NEER/NG /rte 1 80 g -L 5 U V ENGIN�iS /PLANNERS /SURVEYORS BFa Va I E-, engineedng.com August 15, 2000 Mayor Corrie and City Council City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Wilkins Ranch Village (Annexation, Rezone, Preliminary Plat, PUD & Conditional Use Applications) Dear Mayor Corrie and City Council: This letter is in response to the Planning and Zoning recommendations to the City Council as prepared by the City Attorney dated August 1, 2000 and received by the applicant August 14, 2000: Recommendations for Preliminary Plat (PP -0-015) 1. Thea `� ✓,� 2. Thea 3. Thea 4. The a / q7 l 5 s . The a� C� 5. The a/J b p Nampa and Meridian Irrigation District standa 1 i by Nampa Meridian Irrigation Distract with a i source of irrigation water is available from t] L e will be from the Nine Mile Creek east of the 7. The aI y and landscape requirements and we unders> >proval. 8. See iter 9. The ap, that the centerline finish grade of the streets . e normal ground water elevation. 10. The applicant will comply. 11. ACHD and CD1 D Requirements: The applicant will comply with all requirements of ACHD and CDHD. Recommendations for Conditional Use (CUP -00-40) 1. A variance of the Ordinance is not required for the R-8 zone. The R-8 zone allows for the following: i. Square footage of the home: (a) No single family dwelling less than 1,000 -square feet. (b) 10-vercent of the single-familv dwellinas between 1,000 and 1,100-souare feet. buffer and right-of-way dedication to the Ada County Highway District. The City requires a 20 -foot landscape buffer but more is provided for because a wider buffer between the residential use and the arterial roadway is preferred. 6. We are in agreement. 7. The applicant will comply and enter into a development agreement as a condition of annexation. Sincerely, BRIGGS ENGINEERING, Inc. Steve Arnold Project Manager/Land Use Planner (c) 15 -percent of the single-family dwellings between 1,101 and 1,200 -square feet. (d) 25 -percent of the single-family dwellings between 1,201 and 1,300 -square feet. (e) 50 -percent of the single family dwellings may be larger than 1,300 -square feet. ii. Minimum lot size is 4,875 -square feet (.25 X 6500) iii. Minimum frontage requirement is 50 -feet iv. Maximum Block length is 1,000 -feet. The applicant will require a variance for this requirement, however, a park site is provided to break the block length to less than 1,000 -feet. 2. The applicant is providing single-family homes with two car garages and 20 -foot front setbacks. The additional parking space requirement is not necessary per statement No. 4. 3. The applicant understands (see No. 2 above) 4. No maintenance building is proposed with the single-family development. The applicant intends to contract with a landscape company for maintenance of common areas and landscaping. Therefore, this requirement should be deleted and/or is not applicable. 5. Per City Ordinance 12-6-6: Bonus Densities are allowed provided: (1) Provision for private, common open space in a PD shall be considered cause for density increases not to exceed twenty five percent (25%)." The applicant is providing a 1.09 -acre pocket park centrally located within the development, which under the provision of the City Ordinance allows this site a density bonus. Play equipment will be installed in the park. The roads around the park have been single loaded for easy access to the park area and enhanced visibility, which provides for safety and aesthetics. The applicant is proposing open space in excess of 9,000 - square (not including the park). The entire site is 10.19 -acres. An R-4 zone will allow 4 - dwelling units per acre. An R-8 will allow for 8 -dwelling units per acre. With the size of the site, the applicant would be allowed 40 -dwelling units (80 with an R-8 zone) without a density bonus (10 -acres X 4 -dwelling units). With a density bonus of 25 -percent the applicant would be allowed 50 -lots (.25 X 40 = 10, 10 + 40 = 50 -lots or 100 with an R-8 zone) under the City Ordinance (12-6-6). The applicant is only requesting 48 -lots which is a 17 -percent density bonus for an R-4 zone. 6. The applicant will comply. 7. The applicant will comply. Recommendation for Annexation and Rezone (AZ -00-016): 1. Internal irrigation and drainage ditches will be piped or rerouted by a prior phase of this development. The Rutledge Drain adjoining the west boundary of the Dakota Ridge Subdivision will be piped. The section of the adjoining north property will also be piped by a previous phase of the Wilkins Ranch Development. 2. A septic system and two wells presently exist on the property. The septic system and residential wells will be removed per City Ordinance 3. The applicant will comply. 4. The applicant understands. 5. The applicant will comply with relocating the mobile home once a single-family dwelling is construct to replace the function of the mobile home. There is an existing single family dwelling on the site that will remain on proposed Lot 6, Block 1. The applicant will be remodeling the building and access to the building will be provided off Niemann Street and no longer off Ustick Road. The building will require a variance of the required 15 -foot setback requirement (by approximately 2 -feet). The variance is required due to a 25 -foot landscape 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 August 15, 2000, for the purpose of reviewing and considering the application of Steiner Development, LLC, for annexation and zoning of 10.19 acres from RT to R-8 for proposed Wilkins Ranch Village planned -unit development; Furthermore, the applicant requests Preliminary Plat approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres and a Conditional Use Permit for a planned -unit development consisting of 48 single-family lots ranging from 5,252 to 9,525 s.f. in a proposed R-8 zone generally located south of Ustick Road and east of Black Cat Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 21St day of July, 2000 PUBLISH July 28 and August 11, 2000. WILLIAM„Q,j5f� RG, JR., C Y M-ERK o SAL Black r July 13, 2000 AZ -00-016 MERIDIAN PLANNING & ZONING MEETING July 19, 2000 APPLICANT Steiner Development, LLC ITEM NO. REQUEST Annexation and Zoning of 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch South of Ustick and East of Black Cat 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: ems.. .."..i+kftA �+nm�YlPt1tS COMMENTS S 41+S see comments see comments see comments Contacted: ��"l- 11� "-� QYYL� Dater I� DGS Phone: Materials presented at public meetings shall become property of the City of Meridian. 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O'aCQ(n {D m O I I C N 1U_ � 0 0 0 -� �a E� �a Z > H OCr rn rn rn a(D�i a ti o a) r ) E � T E > Za ffim LL LO 6 V) U) T Tri� r H J d raw° ADA COUNTY HIGHWAY DISTRICT Planning and Development Division I� Development Application Report Preliminary Plat — Wilkins Ranch Village/ 48 -lot s_- __ MAZ-00-016/M CUP-00-040/MPP-00-015 Wilkins Ranch Village is a 48 -lot residential subdivision on 10.19 -acres. The applicant is also requesting annexation and rezone from RT to R-4 within the City of Meridian, and a conditional use permit to allow for a planned unit development. The site is located on the south side of Ustick Road, approximately 1/3 -mile east of Black Cat Road. This development is estimated to generate 470 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road Black Cat Road ACHD Commission Date — July 19, 2000 - 12:00 p.m. Wilkins Ranch Village.cnun Page 1 0 RT RT RT RT k K RT RT \I L-1 oil Elm Hyl■ .: i■Ii■NE ■►IN ��■i on• 11011 am on 11 norm /�� r�►� : - no Ron 1■■■■■ :; num . ♦ ♦ on .. ■gall■■■1►�♦1 • .� ■■ s►��i' signs STA man 0410 OWN Iii i� i� ii /I/IID�I��■ � ♦ � i �� .e 111 �� ■■��1 �% �1 � �1 �� ■■ � �1�111/11��= �� /\ ♦♦111 �� i ► � ■\►�1 j111 .■♦ is 1�1 r�� ■ �� ■ X111 I, �� 1� �i�� ti � mai■ ■■ ■/ �,�; �� 1;1� /[ //►� 1� :�■■♦� ' �/J �■■ ■ 111 ��IIIIII►�/ ■��■ ■� C H V R Fit( LANE 1 ~+� + HALF MILE RADIUS MAP WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO VICINITY MAP - 1"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO r Facts and Findings: A. General Information Owner — Louis Steiner Applicant — Briggs Engineering RT - Existing zoning R-4 - Requested zoning 10.19 - Acres 48 - Proposed building lots 1,780 - Total lineal feet of proposed public streets 260 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ustick Road Minor arterial with bike lane Traffic count of 1,806 on 8-31-99 (e/c, Black Cat Road) 650 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Ustick Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. B. On June 26, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 30, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and L Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. Wilkins Way, the main entrance to this subdivision, was previously approved as part of the Wilkins Ranch Subdivision, with two 21 -foot street sections with curb, gutter and 5 -foot wide sidewalk separated by a center median and located at the west property line of the current application site. E. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Ustick Road r abutting the entire parcel, located 2 -feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. F. The applicant is proposing to construct a knuckle on the north and south end of Sagefire Avenue. No traffic islands will be required in the knuckle. Wilkins Ranch Village.cmm Page 2 G. Any proposed landscape islands/medians within the public right-of-way dedicated by this p at should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. H. The applicant is proposing to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. I. The applicant should be required to construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. J. The existing transportation system will be adequate to accommodate the 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: rr`•—� 1. Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. 1001 The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 - feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk L _ with District staff. wwo 3. Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road intersection. The ^01turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 4. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 5. The proposed knuckles located at the north and south end of Sagefire Avenue are approved with this application. No traffic islands are required in the knuckles. 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Wilkins Ranch Village.cmm Page 3 7. Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. -001 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 $110.00. The request for reconsideration shall r„ specifically each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its orieinal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified P~1 of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. r 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services a procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact Paw Wilkins Ranch Village.cmm Page 4 r MWAM r ••i r M r Amax$ r Rtxa�s' P.rad ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by - Planning and Development Staff Commission Action: Wilkins Ranch Village.cmm Page 5 ADA COUNTY HIGHWAY DISTRICT 4t Y� Planning and Development Division I*fi -W, Development Application Report Preliminary Plat — Wilkins Ranch Village/ 48 -lot s. MAZ-00-016/MCUP-00-040/MPP-00-015 Wilkins Ranch Village is a 48 -lot residential subdivision on 10.19 -acres. The applicant is also requesting annexation and rezone from RT to R-4 within the City of Meridian, and a conditional use permit to allow for a planned unit development. The site is located on the south side of Ustick Road, approximately 1/3 -mile east of Black Cat Road. This development is estimated to generate 470 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road Black Cat Road ACHD Commission Date — July 19, 2000 - 12:00 p.m. Wilkins Ranch Village.cnun Page l RT RT L-0 CH LANE 0 1-L K RT RT 4-- 2000 Feet `I RT Oo 11,11•.'•-••_, ,� :n '= piw any HALF MILE RADIUS MAP WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. ADA COUNTY, IDAHO • ZONE BOUNDARY (TYP) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -----•----"----------`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 2 37 4 B< ... ........ W. NIEMANN ST. 0 26 29 30 31 32 - 34 36 36 3 N b N ------ W. CAMPFIRE ST. 16 L ----- r- ----- SITE 3 ul 2 13 0 '�Lo 2 3 t2 % 4 Z SCHOOL SITE 411P - ----------- W)(LIMIT ID ........... ------- -M ON LAKE DR. VICINITY MAP - I"=300' WILKINS RANCH VILLAGE SUBDIVISION NW 1/4 SECTION 3, T.3N., RAW., B.M. I ADA COUNTY, IDAHO T� Facts and Findings: i A. General Information Owner — Louis Steiner Applicant — Briggs Engineering RT - Existing zoning R-4 - Requested zoning 10.19 - Acres 48 - Proposed building lots 1,780 - Total lineal feet of proposed public streets 260 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ustick Road Minor arterial with bike lane Traffic count of 1,806 on 8-31-99 (e/o Black Cat Road) 650 -feet of frontage 50 -feet existing right-of-way (25 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Ustick Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. B. On June 26, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 30, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. Wilkins Way, the main entrance to this subdivision, was previously approved as part of the Wilkins Ranch Subdivision, with two 21 -foot street sections with curb, gutter and 5 -foot wide sidewalk separated by a center median and located at the west property line of the current application site. E. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 -feet within the new right-of-way line. Coordinate the q_ location and elevation of the sidewalk with District staff. F. The applicant is proposing to construct a knuckle on the north and south end of Sagefire Avenue. No traffic islands will be required in the knuckle. talk-, Wilkins Ranch Village.cmm Page 2 r-, G. Any proposed landscape islands/medians within the public right -of --way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required ' on the final plat. H. The applicant is proposing to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. I. The applicant should be required to construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. - J. The existing transportation system will be adequate to accommodate the 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 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 193. 2. Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the entire parcel, located 2 - feet within the new right-of-way line. Coordinate the location and elevation of the sidewalk with District staff. 3. Construct a center turn lane on Ustick Road for the Wilkins Way/Ustick Road intersection. The turn lane shall be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 4. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 5. The proposed knuckles located at the north and south end of Sagefire Avenue are approved with this application. No traffic islands are required in the knuckles. b 6. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. Wilkins Ranch Village.cnin Page 3 t 7. Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its orieinal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. } 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact Aow Wilkins Ranch Village.cmm Page 4 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Commission Action: Wilkins Ranch Village.cmm Page 5 07/07/2000 13:20 2088885052 SANITARY SERVICE PAGE 02 MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Placa to Livc LEGAL DEPARTMENT (208) 2 CITY COUNCIL MEMBERS CITY OF MERIDIAN 499 •Fax zsa-Z;o, PUB LIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 987-1297 Tammy de Weerd (203) 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: July 7, 2000 TRANSMITTAL DATE: June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development. LLC % LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, 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 _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 (PR ELIM & FINAL) J U L - 7 2000 CITY OF MERIDIAN JUL 07 100 13:26 2088885052 PAGE.02 " A D n w 3 m 0 2 Tom—�7oDc� m 3 o v mm Z� *D T ° z z < W J n lZrx, a rg _ C7 m ° g ° �rnW ca 0 o o` " = m D C m i 1: o m Q° n y ` c-, D i fz m z _ m -I 'U z Z m = m 0 ° z c cn M �. m O z z (n m m A _< c i c m ILn z o y r r-, Ch r m /�� 80'B�Jdd bbL0b8880Z LZ:TT 00, TZ Nnf MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy dcWccrd Cherie McCandless HU8 OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN - 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4S13 City Clcrk Office Fax (208) 888-4218 LEGAL DEPARTMENT (20S) 2SS-2-199 - Fax 28S-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (20S) 884-5533 - Fax 888-0854 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: July 7, 2000 TRANSMITTAL DATE: June 20, 2000 HEARING DATE: July 19, 2000 FILE NUMBER: AZ -00-016 REQUEST: 10.19 acres from RT to R-4 for proposed PUD -Wilkins Ranch BY: Steiner Development, LLC LOCATION OF PROPERTY OR PROJECT: South of Ustick and east of Black Cat - SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, PIZ _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR ,RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C iTAMMY de WEERD, C/C WATER DEPARTMENT !_SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY ^CITY ENGINEER JCITY 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) .ilei 2 1 20011, cllxr', .S. 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