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Woodbridge Construction Office CUP 01-001~~i~i~E IDIAIV~.-- City Clerk's Office 33 East Broadway Avenue Meridian, ID 83642 (208) 888-4433 fax (248) 888-4228 ~~ Name: ~~., ~ #/Q ~ ~ l Y@ G~ 44-h~~'Y~nc ..~ ~ Date: 2 +~`7S _ Pho a an or emaj~: ~ ~,S( ';~` ime: ' 2'~ Description: '"` ~ f Cc~vt~c~ brd~a. crn~- '~.~ Requestor's Signatu ~? Results/~ndings: .~ City Attorney ApprovaVComments: ~~ Number of Pages: Date finished: Staff Providing Information: Time Required• Staff Comments: BEFORE THE CITY COUNCIL OF THE CI'I"Y OF MERIDIAN C/C 04.03-01 IN THE MATTER OF THE REQUEST } FOR CONDITIONAL USE PERMIT } FOR CONVERSION OF AN EXISTING ) RESIDENCE IIVTO AN OFFICE, ) LOCATED IN AN L-O ZONE, ) MERIDIAN, IDAHO ) TOOTHMAN-ORTON ENGINEERING / ) JOHNSON DESIGN APPLICANT FOR: ) a L.L.C. ) APPLICANT } Case No. CUP-01-00I FINDINGS OF FACT AND CONCLUSIONS OF LAW DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on March 20, 2001 and continued until April 3, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeazed and testified, and appearing and testifying on behalf of the Applicant was Scott Beecham, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 20, 2001 and continued until Apri13, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the March 20, 2001 and continued until Apri13, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an L-O zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 385 S. Locust Grove Road, Meridian, Idaho. 5. The owner of record of the subject property is O'Neill Homes, LLC of Boise, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section l I-7-2 G. $. The proposed application requests a conditional use permit for conversion of an existing residence into an office. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance does not normally require a conditional use permit be obtained for this type of use. (Meridian City Zoning and Development Ordinance, Section 11-8-1). I-iowever, a previous development agreement required developers to go through the conditional use permit process for the property. 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive PIan. FINDINGS OF FACT AND CONCLUSIONS OF LAIN' AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact .Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development aze imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 12.1 Sanitary sewer and water service to this site is not available to the subject site at this time. The existing sewer septic system and domestic well shall be utilized. Approval of this application needs to be subject to the requirement that sanitary sewer and water shall be extended to and through this parcel with any future development on the parcel, or after a period of six years, which ever comes first. Applicant to coordinate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 routing and placement of lines with Public Works Department. 12.2 Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. All trash azeas aze to be enclosed by a screening fence on at least three (3) sides. 12.3 Applicant has stated the only signage they intend for the office building will be limited to on-building signs. No freestanding signs are proposed. If, in the future, any freestanding signs aze proposed, they shall conform to the new sign ordinance, as follows: maximum height = 8 feet, maximum background area = 50 squaze feet. 12.4 The xequired number of parking stalls appears to be met by the plan. The structure is 1632 s.f. Office uses require one space per 400 s.f. This shall require four parking spaces. The handicap pazking space width does not meet ADA standards for avan-accessible space. This space shall be increased to a total width of 16 feet (8-foot stall plus 8- foot aisle). The aisle shall be striped separately from the stall and van- accessible signage shall be installed. 12.5 The undeveloped portion of the lot shall be mowed and kept free of weeds greater than 8" tall. 12.6 The Commission/Council concur with the submitted landscape plan as meeting the intent of the Landscape Ordinance with one modification: the trees along the south property line need to continue along the driveway out to Locust Grove, with one tree per 35 l.f. 'The plan approval is based on the following findings: A 25-foot wide street buffer is required along Locust Grove, beyond right-of--way, with one tree per 3S l.f. A 20-foot wide buffer screen (6096 solid) is required adjacent to the residential lot north of the subject property. The double row of trees provided along the north side of the parking lot meets this requirement. The south property line is required to have the S-foot perimeter buffer adjacent to the driveway and parking areas, with one tree per 351.f. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 12.7 The landscape treatment of the ground plane is not specified on the proposed plan. All required landscape areas shall be vegetated with grass, shrubs, or other vegetative groundcover. 12.8 ACHD is requiring the dedication of 48 feet of right-of--way from the centerline of Locust Grove Road. However, the Site Plan currently shows only 25 feet from centerline to edge of landscape buffer. The 25- foot wide street buffer is required beyond the 48 feet of right-of--way dedication. 12.9 Applicant shall submit a modified site~iandscape plan with the submittal for a Certificate of Zoning Compliance, showing the additional trees, correct right-of--way, ground plane landscaping, handicap pazking striping and signage, and full planting schedule. 12.10 In accordance with City Ordinance 12-I3-8-1, underground year-round pressurized irrigation shall be provided to all landscape azeas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant shall submit irrigation performance speafications in compliance with Ordinance I2-13-8-2 when applying for a Certificate of Zoning Compliance. 12.1 I All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 11096 of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. 12.12 Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. 12.13 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Orclinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12. I4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91 }for all off-street parking areas. Ail site drainage shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - b be contained and disposed of on-site. 12.15 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 1 Z. 16 Applicant shall provide a minimum of one (1) two-inch (2") caliper tree per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section 11.13-4.B.3.c. 12.17 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11- 12-1. C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning ~ Zoning Department prior to applying for building permits. 12.18 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 12.19 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.20 In accordance with City Ordinance 11-13-4.B.2., underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. Adopt the Recommendations of the Ada County Highway District as follows: 12.21 Applicant shall pave the driveways to their full-required width to a point beyond the edge of pavement abutting Locust Grove Road. 12.22 Utility street cuts in pavement less than five yeazs old are not allowed unless approved in writing by the District. 12.23 Applicant shall dedicate 48 feet of right-of--way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 12.24 Applicant shall provide a $2,890 deposit to the Public Right-of--way Trust Fund at the District for the required street improvements of approximately 149 feet of curb, gutter, 5-foot wide concrete sidewalk on Locust Grove Road abutting the pazcel. Adopt the Recommendations of the Central District Health Department as follows: 12.25 The building appeazs to be on a septic system. An accessory use application shall be made with CDHD to determine whether or not septic system is adequate for proposed use. Adopt the Recommendations of the Meridian Fire Department as follows: 12.26 An acknowledgment letter from the Fire Chief, evidencing that fire hydrants shall only be installed upon further development. Afire hydrant shall be installed upon further development of the property, or after a period of six-yeazs, whichever comes first. 12.27 An adequate turnaround area shall be constructed. This turnaround shall utilize the planned driveway and drive aisles as proposed on the submitted site plan. 12.28 Any further development shall require a conditional use permit. 12.29 All driveways and required parking areas shall be paved in accordance with Section 11-13-4.D, unless otherwise restricted. The area in front of (to the east of) the detached two car gazage shall be maintained in gravel per the requirements of the Central District Health Department. This azea shall be subject to paving at the time of connection to sanitary sewer. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTIlVG CONDITIONAL USE PERMIT - 8 13.1 The subject property is designated on the °Generalized Land Use Map" as "Single-Family Residential". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential chazacter of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be. detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the °Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exexcise all the powers required and authorized under the "A,ct" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XT and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption o£ its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be hazmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - IO the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; £ Will not create excessive additional requirements at public cost for public facilities and sexvices and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. S. Prior to granting a conditional use permit in a Limited Office District (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-I7-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter IS of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 I the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 2I, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I2 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for the conversion of an existing residence into an office in an L-O zone at 385 S. Locust Grave Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: l . l Sanitary sewer and water service to this site is not available to the subject site at this time. The existing sewer septic system and domestic well shall be utilized. Approval of this application needs to be subject to the requirement that sanitary sewer and water shall be extended to and through this parcel with any future development on the parcel, or after a period of six years, which ever comes first. Applicant to coordinate routing and placement of lines with Public Works Department. 1.2 Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. All trash azeas are to be enclosed by a screening fence on at least three (3}sides. 1.3 Applicant has stated the only signage they intend for the office building will be limited to on-building signs. No freestanding signs are proposed. If; in the future, any freestanding signs are proposed, they shall conform to the new sign ordinance, as follows: maximum height = 8 feet, maximum background area = 50 square feet. 1.4 The required number of parking stalls appears to be met by the plan. The structure is 1 b32 s.f. Office uses require one space per 400 s.f. This shall require four parking spaces. The handicap parking space width does not meet ADA standazds for avan-accessible space. This FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I3 space shall be increased to a total width of 16 feet (8-foot stall plus 8- foot aisle). The aisle shall be striped separately from the stall and van- accessible signage shall be installed. 1.5 The undeveloped portion of the lot shall be mowed and kept free of weeds greater than 8" tall. 1.6 The Commission/Council concur with the submitted landscape plan as meeting the intent of the Landscape Ordinance with one modification: the trees along the south property line need to continue along the driveway out to Locust Grove, with one tree per 351.f. The plan approval is based on the following findings: A 25-foot wide street buffer is required along Locust Grove, beyond right-of--way, with one tree per 351.f. A 20-foot wide buffer screen (6096 solid) is required adjacent to the residential lot north of the subject property. The double row of trees provided along the north side of the pazking lot meets this requirement. The south property line is required to have the 5-foot perimeter buffer adjacent to the driveway and parking areas, with one tree per 35 l.f. 1.7 The landscape treatment of the ground plane is not specified on the proposed plan. All required landscape areas shall be vegetated with grass, shrubs, or other vegetative groundcover. I.8 ACHD is requiring the dedication of 48 feet of right-of--way from the centerline of Locust Grove Road. However, the Site Pian currently shows only 25 feet from centerline to edge of landscape buffer. The 25- foot wide street buffer is required beyond the 48 feet of right-of--way dedication. 1.9 Applicant shall submit a modified site/landscape plan with the submittal for a Certificate of Zoning Compliance, showing the additional trees, correct right-of--way, ground plane landscaping, handicap parking striping and signage, and full planting schedule. 1.10 In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN'T'ING CONDITIONAL USE PERMIT - 14 Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Certificate of Zoning Compliance. 1.11 All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupanry may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 1109b of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. 1.12 Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. I.13 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and l I-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.14 A drainage plan designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking azeas. All site drainage shall be contained and disposed of on-site. 1.15 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-I3-4.C. 1.16 Applicant shall provide a minimum of one (1) two-inch (2") caliper tree per 1,500 sq. ft. of asphalt azea on the site in accordance with City Ordinance Section 11-13-4.B.3.c. 1,17 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning &. Zoning Department prior to applying for building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 1.18 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 1.19 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.20 In accordance with City Ordinance 11-13-4.B.2., underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hook up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. Adopt the Recommendations of the Ada County Highway District as follows: 1.21 Applicant shall pave the driveways to their full-required width to a point beyond the edge of pavement abutting Locust Grove Road. 1.22 Utility street cuts in pavement less than five yeazs old aze not allowed unless approved in writing by the District. 1.23 Applicant shall dedicate 48 feet of right-of--way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed. 1.24 Applicant shall provide a $2,890 deposit to the Public Right-of-way Trust Fund at the District for the required street improvements of approximately 149 feet of curb, gutter, 5-foot wide concrete sidewalk on Locust Grove Road abutting the pazcel. Adopt the Recommendations of the Central District Health Department as follows: 1.25 The building appears to be on a septic system. An accessory use application shall be made with CDHD to determine whether or not septic system is adequate for proposed use. Adopt the Recommendations of the Meridian Fire Department as follows: I.26 An acknowledgment letter from the Fire Chief, evidencing that fire hydrants shall only be installed upon further development. Afire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 hydrant shall be installed upon further development of the property, or after a period of six-years, whichever comes first. 1.27 An adequate turnaround area shall be constructed. This turnaround shall utilize the planned driveway and drive aisles as proposed on the submitted site plan. 1.28 Any further development shall require a conditional use permit. 1.29 All driveways and required pazking azeas shall be paved in accordance with Section l 1-I3-4.D, unless otherwise restricted. The azea in front of (to the east ofy the detached two caz garage shall be maintained in gravel per the requirements of the Central District Health Department. This area shall be subject to paving at the time of connection to sanitary sewer. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § l 1-I 7-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ~ , 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED ~-- VOTED_~6~G~ VOTED ~f-~~ VOTED__~~ MAYOR RO ERT~.~ORRIE (TIE BREAKER) VOTED r DATED: ~" / MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GP,ANTYNG CONDITIONAL USE PERMIT - 18 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By ity Clerk Dated: ~'~ ~ i ~ ~ :'~ ~~ 1'~ \1NPA NTS40 PDG'ISERVER Z\Work\M\IV[aidianlMeridian 15360M10Nall Homea CUPO1-OUI\FfCIsC[IPOIOOI.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 BEFORE THE MERIDIAN CITY COUNCIL CJC 4/3/01 IN THE MATTER OF THE APPLICATION ) OF O'NEILL HOMES, LLC, FORA ) CONDITIONAL USE PERMIT FOR } CONVERSION OF AN EXISTING RESIDENCE } INTO AN OFFICE, LOCATED IN AN L-O ZONE) MERIDIAN, IDAHO ) TOOTHMAN-ORTON ENGINEERING / ) JOHNSON DESIGN APPLICANT FOR: ) O'NEILL HOMES, L.L.C. APPLICANT. ~ ) CASE NO. CUP-0I -00I ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 3rd day of April, 2001, under the provisions of Meridian City Code § 11- ] 7-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: That the Applicant.. of the property is granted a conditional use permit for conversion of an existing residence into an office, as described in the "SI'I'F,/I,ANDSCAPE PLAN, Drawn CDM, Checked TSJ, Date JAN. 2, 200, Sheet A-1.0, A-OFFICE 1.O.dwg 1-1-01, WOODBRIDGE CONSTRUCTION OFFICE, JOHNSON DESIGN, L.L.C, O'NEILL HOMES," O'Neill Homes, LLC, Developer, for the development of the aforementioned conversion of an existing residence into an office, and which property is described as: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT / O'NEILL HOMES CUP-O1-001 PAGE I OF 6 PARCEL B A parcel of land in the SE 1/4 of the NE 1/4 of Section 18, T.3N., R.lE., B.M., Ada County, Idaho, described as BEGINNING at the southeast comer of the northeast quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is south along the east side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marking the northeast cornex of said Section 18; thence South 89 degrees 1 I 1/a' West, along the south side of the northeast quarter northeast quarter of said Section 18 a distance of 438.7 feet to a steel pin; thence, North 0 degrees 55' East, 149.0 feet to a steel pin; thence North 89 degrees 11 1/z' East, 436.3 feet to a steel pin; thence, South, 149.0 feet along the east side of said Section 18 to the REAL POINT OF BEGINNING. CONTAINING 1.5 Acres more or less. 2. That the above named Applicant is granted a conditional use permit for conversion of an existing residence into an office, located at 385 S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 2.1 Sanitary sewer and water service to this site is not available to the subject site at this time. The existing sewer septic system and domestic well shall be utilized. Approval of this application needs to be subject to the requirement that sanitary sewer and water shall be extended to and through this parcel with any future development on the pazcel, or after a period of six-years, which ever comes first. Applicant to coordinate routing and placement of lines with Public Works Department. 2.2 Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company. All trash areas are to be enclosed by a screening fence on at least three (3) sides. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT/ O'NEILL I~iOMES CUP-O1-001 PAGE 2 OF 6 2.3 Applicant has stated the only signage they intend for the office building will be limited to on-building signs. No freestanding signs are proposed. lf, in the future, any freestanding signs are proposed, they shall conform to the new sign ordinance, as follows: maximum height = 8 feet, maximum background area = 50 square feet. 2.4 The required number of pazking stalls appears to be met by the plan. The structure is 1632 s.f. Office uses require one space per 400 s.f. This shall require four parking spaces. The handicap pazking space width does not meet ADA standards for avan-accessible space. This space shall be increased to a total width of 16 feet (8-foot stall plus 8- foot aisle}. The aisle shall be striped separately from the stall and van- accessible signage shall be installed. 2.5 The undeveloped portion of the lot shall be mowed and kept free of weeds greater than 8" tall. 2. b The Commission/Council concur with the submitted landscape plan as meeting the intent of the Landscape Ordinance with one modification: the trees along the south property line need to continue along the driveway out to Locust Grove, with one tree per 351.f. The plan approval is based on the following findings: A 25-foot wide street buffer is required along Locust Grove, beyond right-of--way, with one tree per 351.f. A 20-foot wide buffer screen (6086 solid) is required adjacent to the residential lot north of the subject property. The double row of trees provided along the north side of the parking lot meets this requirement. The south property line is required to have the 5-foot perimeter buffer adjacent to the driveway and parking areas, with one tree per 35 l.f. 2.7 The landscape treatment of the ground plane is not specified on the proposed plan. All required landscape azeas shall be vegetated with grass, shrubs, or other vegetative groundcover. 2.8 ACRD is requiring the dedication of 48 feet of right-of--way from the centerline of Locust Grove Road. However, the Site Plan currently shows only 25 feet fmm centerline to edge of landscape buffer. The 25- foot wide street buffer is required beyond the 48 feet of right-of--way dedication. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT / O'NEILL HOMES CUP-OI-OOI PAGE 3 OF 6 2.9 Applicant shall submit a modified site/landscape plan with the submittal for a Certificate of Zoning Compliance, showing the additional trees, correct right-of--way, ground plane landscaping, handicap parking striping and signage, and full planting schedule. 2.10 In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-I3-8-2 when applying for a Certificate of Zoning Compliance. 2.11 All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 11096 of the cost of the required improvements {including paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. 2.12 Off-street parking shall be provided in accordance with Section I 1-13-5 of the City of Meridian Zoning and Development Ordinance. 2.13 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D, and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.14 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking areas. All site drainage shall be contained and disposed of on-site. 2.15 Outside lighting shall be designed and placed so as to not duect illumination on any neazby residential azeas and in accordance with City Ordinance Section 11-13-4.C. 2.16 Applicant shall provide a minimum of one { 1 }two-inch {2") caliper tree per 1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance Section 11-13-4.B.3.c. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT / O'NEILL HOMES CUP-O1-001 PAGE 4 OF 6 2.17 All trash ancUor gazbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-I2-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning &. Zoning Department prior to applying for building permits. 2.18 All signage shall be in accordance with the standazds set forth in Section 11-14 of the City Zoning and Development Ordinance. 2.19 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.20 In accordance with City Ordinance 11-13-4.B.2., underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hook up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface ox well water for the primary source. Adopt the Recommendations of the Ada County Highway District as follows: 2.21 Applicant shall pave the driveways to their full-required width to a point beyond the edge of pavement abutting Locust Grove Road. 2.22 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.23 Applicant shall dedicate 48 feet of right-of--way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed. 2.24 Applicant shall provide a $2,890 deposit to the Public Right-of--way Trust Fund at the District for the required street improvements of approximately 149 feet of curb, gutter, 5-foot wide concrete sidewallc on Locust Grove Road abutting the parcel. Adopt the Recommendations of the Central District Health Department as follows: 2.25 The building appears to be on a septic system. An accessory use application shall be made with CDHD to determine whether or not septic system is adequate for proposed use. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT / O'NEILL HOMES CUP-O1-001 PAGE 5 OF 6 a Adopt the Recommendations of the Meridian Fire Department as follows: 2,26 An acknowledgment letter from then ir~her d velopmeng. A firee hydrants shall only be installed upo hydrant shall be installed upo ~~rtlierc lees lfirsment of the property, or after a period of six years, wh 2.27 An adequate turnaround area shall be conVe isles as roposed oo the shall utilize the planned driveway and do P submitted site plan. 2.28 Any further development shall require a conditional use permit. 2 29 All driveways and requixed parking areas shall be paved in accordance with Section 11-13-4.D, unless otherwise restricted. The area in front of (to the east of) the detached two car r~alrDistrict Heal Department. gravel per the requirements of the Cent This area shall be subject to paving at the time of connection to sanitary sewer. 3. The above conditions are concluded to be reaIOO~b1o f ~e ahelica~on for ail meet such requirements as a condition of app PP conditional use permit. 4. Notice to Permit lioldez, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 1 ].-17-8, a copy of which is attached to this p D. Cowie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Wo~r~ks t-*~ ~„~~~'/ Department and City Attorney. ~~ ~ ~ ~`'~. By: City Clerk Z:\Work\M1Mecidian\Meridian 153(p]vn0'Ndll Homes CUPO1-0O1\CUI'Orde~OlAOl.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT / O'NEILL FIOMES CUP-01-001 -oif %~'" ~, p*~ ~ A~, PAGE 6 OF 6 ADA D~YNp NAVARR4~R Qt1tS£. IDANb ZOOQJA 27 PF! 1.2~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Snorting Bull Investments, LLC. Owner RECOROEO-REOUEST OF FEE~.~...._.~.OEPt1TY , 3~~10~0~6603 THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of fn-~L , ~~ , by and between CITY OF MERIDIAN, a municipal corporation of the tate of Idaho, hereafter called "CITY", and SNORTING BULL INVESTMENTS, LLC, hereinafter called "OWNER", whose address is 100 N. 9~' Street, Suite 300, Boise, Idaho 83702. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and l.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of L-O, Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before DEVELOPMENT AGREEMENT (AZ-99-020) - the Meridian City Council, there are no present plans to develop the subject property; 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 1444 1.7 WHEREAS, City Council, the ~ day of c~enl~z~99~ has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" 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" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT (AZ-99-420) - 2 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 "OWNER": means and refers to Snorting Bull Investments, LLC, whose address is 100 N. 9`" Street, Suite 300, Boise, Idaho 83702, the party who owns said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to those certain parcels of "Property" located in the County of Ada, City of Meridian, designated as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to the condition use permit process and are limited to those uses allowed under "City"'s Zoning Ordinance codified at Sections 11-2-408 B 7 Meridian City Code subject to and pursuant to conditional use process and the conditions imposed in the approval of the conditional DEVELOPMENT AGREEMENT (AZ-99-020) - 3 use permit shall be included automatically as an amendment to this subsection of the development agreement nunc pro tunc. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement except for the process referenced in section 4.1. $. DEVELOPMENT IN CONDITIONAL USE: "Owner" will submit to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Owner" shall develop the "Property" in accordance with the following special conditions: 6.1.1 In accordance with the provisions of Section 4 of this Agreement, which are adopted herein at reference as if set forth at length. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owner"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement 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. DEVELOPMENT AGREEMENT (AZ-99-020) - 4 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "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: $.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "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. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner"'s cost, and submit proof of such recording to "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. This Development Agreement is not an encumbrance against a lot once it is platted. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate DEVELOPMENT AGREEMENT (AZ-99-020) - 5 action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Pazagraph 8 above, in the event of a material breach of this Agreement, the parties agree that "City" and "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. 12.2 In the event the performance of any covenant to be performed hereunder by either "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. 12.3 A waiver by "City" of any default by "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. 13. SURETY OF PERFORMANCE: As part of the platting/subdivision process the "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Owner" agrees to provide, if such surety is required by the "City". 14.) CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no rtificates of Occupancy will be issued until all improvements are completed, unless the DEVELOPMENT AGREEMENT (AZ-99-020) - 6 "City" and "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". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation pursuant to Paragraph 8 above if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Conditions of Approval, and the Ordinances of the City of Meridian to the extent applicable. 16. 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, Idaho 83642 OWNER: Snorting Bull Investments, LLC 100 N. 9~' Street, Suite 300 Boise, Idaho 83702 L. Edward Miller Givens Pursley LLP P.O. Box 2720 Boise, Idaho 83701 16.1 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. 17. 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 DEVELOPMENT AGREEMENT (AZ-99-020) - 7 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. 1 g, 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. 19. BENDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" 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" 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". DEVELOPMENT AGREEMENT (AZ-99-020) - 8 21.1 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. 22. 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-99-020) - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: SNORTING BULL INVESTMENTS, LLC, an Idaho limited liability company By: O'Neill Homes LLC, an Idaho limited liability company, a Member By: O'Neill Enterprises, Inc., an Idaho corporation, its Manager By: Derick O'Neill, President CITY OF MERIDIAN BY: R ROBERT . CORRIE Attes `. _ r CITY CLERK BY RESOLUTION NO.~ msg/S:\CLIENTS\5267\I\Snorting Bull Final Development ~~ ~ ~ f =_ SI~A~L '9 ~ w` 9 ~ e ~~ !',', ~~~~r~tFrt1 ttHtt~`,, ,a``4 DEVELOPMENT AGREEMENT (AZ-99-020) - 10 STATE OF IDAHO ) ss. County of Ada ) On this ~~day of , in the year 2000, before me, the undersigned, a Notary Public in an or the S e of Idaho, personally appeared Derick O'Neill, known or identified to me be the esident of O'Neill Enterprises, Inc., an Idaho corporation, the corporation that executed this instrument and the person who executed the instrument on behalf of said corporation, said corporation known to me to be the Manager of O'Neill Homes LLC, the limited liability company that executed the instrument as a member of and on behalf of Snorting Bull Investments, LLC, the limited liability company that executed the instrument and acknowledged to me that such corporation executed the same on behalf of said O'Neill Homes LLC on behalf of Snorting Bull Investments, LLC, and that Snorting Bull Investments, LLC executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. gP~~r C ~~ O * ~.~ t pU BL1C ~-,'~ OF l0*~0 ~_ Notar~ Public r Idaho Residing at: My commissio expires: DEVELOPMENT AGREEMENT (AZ-99-020) - 11 STATE OF IDAHO :ss County of Ada ) On this] ~h day of , in the year ~~ , 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) ----- No Pu is for Idaho Residing at: {~XIG'(~.a~ ~~ Commission expires: 210 200n DEVELOPMENT AGREEMENT (AZ-99-020) - 12 EXHIBIT A Legal Description Of Property A parcel of land in the NE 1/4 of the NE 1/4 of Section 18, T.3N., R.lE., B.M., Ada County, Idaho, described as BEGINNING at the southeast corner of the northeast quarter northeast quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is south along the east side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marking the northeast corner of said section 18; thence, South 89 degrees 11 '/s' West, along the south side of the northeast quarter northeast quarter of said Section 18 a distance of 438.7 feet to a steel pin; thence, North 0 degree SS' East, 149.0 feet to a steel pin; thence, North 89 degrees 11 '/z' East., 436.3 feet to a steel pin; thence, South, 149.0 feet along the east side of said Section 18 to the REAL POINT OF BEGINNING. CONTAINING 1.5 Acres more or less DEVELOPMENT AGREEMENT (AZ-99-020) - 13 EXHIBIT B Findings of Fact and Conclusions of Law (AZ-99-020) 14 1'?-03-99 BEFORE THE MERIDIAI~I CITY COUNCIL IN THE MATTER OF THE APPLICATION OF WOODBRIDGE COMMUNITY, LLC THE APPLICATION FOR ANNEXATION AND ZONING OF 80.83 ACRES FOR WOODBRIDGE COMMUNITY SUBDIVISION, PARCEL A LOCATED AT 450 S. LOCUST GROVE ROAD AND PARCEL B LOCATED AT 385 S. LOCUST GROVE ROAD, MERIDIAN, IDAHO Case No. AZ-99-020 FINDINGS OF FACT AMID CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 16, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testiFied, and appearing and testifying on behalf of the Applicant was Pete O'Neal, and no one appeared in opposition, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, 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 -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Findings of Fact and Conclusions of Law, and Decision and Order: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW uclicial Notice• The Council may take judicial notice~of government ordinances, and policies, and of actual conditions e,~cisting within the City and State. Annexation: 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in § 11-2-417 C Revised and Compiled Ordinances of the City of Meridian. 2. The City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). '` Prior to annexation the City Council shall request and receive a FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance with the notice and hearing procedures provided in Section 67-6509, Idaho Code and concurrently or immediately following the adoption of an ordinance of annexation, the Citv Council shall amend the Planning and Zoning Ordinance. [LC. § 67-6525] [§11-2-417 A Revised and Compiled Ordinances of the City of Meridian.) Zonin 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I.C. § 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [§ 11-2-401 C Revised and Compiled Ordinances of the City of Meridian.] S. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning '' Ordinance" of the City of Meridian, Idaho, which provides for various zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLGWOODBRIDGE COMMUNITY SUBDIVISION CASE N0. AZ-99-020 districts. [Title I 1 Chapter 2 Section 400 et. seq. of the Re~zsed and Compiled Ordinances of the City of IVleridian. ~.l The "Zoning Ordinance" provides a zoning district for Parcel c1 (R-4) Lo~v Density Residential and For Parcel B (L-O) Limited Office which are defined as: [§ 11-2-408 B 3 and § 11-2-408 B i Revised and Compiled Ordinances of the City of Meridian. Parcel A (R-4) Low Density Residential District• Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. Parcel B (L-O) Limited Office District• The purpose of the (L-O)District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 5.2 The "Zoning Ordinance" provides fora "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use. [§ 11-2-407 A Revised and Compiled Ordinances of the City of Meridian] ' 5.3 The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [§ 11-2-407 A Revised and Compiled Ordinances of the City of Meridian.] 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [§ 11-2-416 A-F Revised and Compiled Ordinances of the City of Meridian.] 5.5 The General Standards Applicable To Zoning Amendments include the following [§ 11-2-416 I< Revised and Compiled Ordinances of the City of Meridian]: 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For :~ example, have the streets been widened, new railroad access been developed or planned or adjacent area being FINDINGS OF FACT AND CONCLUSIONS OF LAtiV -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLCJWOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to e.~cisting or future neighboring uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 5.5.10 Will the area have vehicular approaches to the propeny which shall be so designed as not to create an interference with traffic on surrounding public streets; 5.5.11 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12Is the proposed zoning amendment in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AI~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLCJWOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 6. The City of iLleridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", 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. Development Conditions• 7. The City is authorized by I.C. § 67-6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at §§ 11-2-416 L and if the property is annexed and zoned 11-2-417 D of the Revised and Compiled Ordinances of the City of Meridian. 8. 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). 9. 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 11-9-61b which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B '' 14., which pertains to pressurized irrigation systems. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLGWOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION 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 November 16, 1999, before the City Council, the first publication appearing and written notice having been mailed to propeny owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 16, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given Full opportunity to express comments and submit "` evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRAi~1TING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLGWOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 2~ There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 6i-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of ilileridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the Citv of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact .Area Boundary. 4. Parcel A is approximately 80.83 acres and Parcel B is approximately 1.5 acres in size. Parcel A is generally located at 450 S. Locust Grove Road and Parcel B is located at 385 S. Locust Grove Road. The property is designated as Woodbridge Community, as defined in Exhibit "A", consisting of t~vo pages, attached hereto as if set forth in full for Parcel A and Parcel B. 5. The owner of record of Parcel A is James F. Griffin, of 450 S. Locust Grove, Meridian, Idaho and the owner of Parcel B is Snorting Bull Investments, 385 S. Locust Grove in Meridian. 6. Applicant is Woodbridge Community, LLC, of 100 N. 9th St. Suite 300, Boise, Idaho. 7. Parcel A is presently zoned by Ada County as RT Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLGWOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 and is vacant, and Parcel B is R1 Single Family Residential, and consists of a single family residence. 8. The Applicant requested Parcel A be zoned as (R4) Law Density Residential and Parcel B as (LO) Meridian Limited Office. 9. Parcel A is located east of Locust Grove Road south of Greenhill Estates north of Locust View Heights Subdivision and west of amended Magic View Subdivision. Parcel B is located west of Locust Grove Road, east of Stonebridge Business Park. Z 0. Parcel A is bordered to the north by Greenhill Estates to the east by Magic View Estates and to the south by Locust View Heights and to the northwest is Parcel B. Parcel B is surrounded by Stonebridge Business Park to the west, rural single family residential development to the north, the proposed Cobblestone village apartment complex is approximately 1,000 feet to the north at the southwest corner of Locust Grove and Franklin. The city limits of the City of Meridian are adjacent and abut to the west of Parcel B of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban '~ Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLGWOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-02~ Parcel A: 11.5 Economic Development Chapter -Policies 3.1 U, 3.2U 11.6 Land Use Chapter -Policies 2.1U, 2.2U, 2.3U, 6.3.c 11.7 Natural Resources and Hazardous Areas Chapter -Policies 1.IU, 2.1 U, 2.5U, 3.1U, 4.1U 11.8 Transportation Chapter -Policies I.6U, 1.9U 11.9 Open Space. Parks & Recreation -Policies 3.1, 5.3 11.10 Housing Chapter -Policies 1.3, 1.4, 1.7, 1.12,1.13U, I.18 11.1 I Community Design Chapter -Policies 1.8, 5.2U 16. There are no significant or scenic features of major importance that affect the consideration of this application. 17. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and which restrict the use and development of the subject real property Parcel B: under and pursuant to conditional use permit process and the use and development of the subject real property; Parcel A: be subject to Planned Unit Development/Conditional Use Permit process. 18. It is found that if the developer pays for the requested improvement and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 complies with the conditions set forth in these findings of fact, and alI sub-parts, the economic tivelfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the development considerations which 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, and can best be handled by requiring as a condition of development and use on said parcel that all development and use on and of the subject real property will be subject to a Parcel B: under and pursuant to conditional use permit process and the use and development of the subject real property; Parcel A: be subject to Planned Unit DevelopmendConditional Use Permit process. 19.1 Parcel A: Ordinance No. 9-607.F. states that any conditions attached to a Final Development Plan for Planned Development projects run with 1 the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRA.i~1TING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLGWOODBRIDGE COMivIUNITY SUBDIVISION CASE NO. AZ-99-020 and is vacant, and Parcel B is R1 Single Family Residential, and consists of a single family residence. 8. The Applicant requested Parcel A be zoned as (R4) Lo~v Density Residential and Parcel B as (LO) Meridian Limited Office. 9. Parcel A is located east of Locust Grove Road south of Greenhill Estates north of Locust View Heights Subdivision and west of amended Magic View Subdivision. Parcel B is located west of Locust Grove Road, east of Stonebridge Business Park. 10. Parcel A is bordered to the north by Greenhill Estates to the east by Magic View Estates and to the south by Locust View Heights and to the northwest is Parcel B. Parcel B is surrounded by Stonebridge Business Park to the west, rural single family residential development to the north, the proposed Cobblestone village apartment complex is approximately 1,000 feet to the north at the southwest corner of Locust Grove and Franklin. The city limits of the City of Meridian are adjacent and abut to the west of Parcel B of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban "` Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGM/OODBRIDGE COMMUNITY, LLGWOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 19.2 A Development Agreement will be required as a condition of annexation for both parcels. DECISION Ai~1D ORDER NOW, THEREFORE, BASED UPON THE ABOVE A~~,'D 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 80.83 acres for Parcel A be zoned as (R-4) Low Density Residential and Parcel B be zoned as (L-O) Limited Office, are granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 80.83 acres. The legal descriptions 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. The Owner and Developer of each parcel is to enter into a Development Agreement. There shall be a development agreement for parcel A and a development agreement for parcel B. ~ 3.1 Parcel B: under and pursuant to conditional use permit process and the use and development of the subject real property; Parcel A: be subject to FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLGWOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Planned Unit Development/Conditional Use Permit process. 3.2 The Development Agreement governing parcel A shall include and contain the following conditions that the use and development of the subject parcel shall be in accordance with a Planned Development/Conditional Use process. 3.3 The Development Agreements. Shall each contain provisions that the conditions imposed in the approval of the conditional use permit and/or planned development shall be included automatically as an amendment to the development agreement nunc pro tunc. ~• 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 for Parcel A to (R-4) Low Density Residential and Parcel B to (L-0) Limited Office. (§ 11-2-408 B 3 and 7 of the Revised and Compiled Ordinances of the City of Meridian). 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 in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian 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 ~vho FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION .AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLCIWOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 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 ~~h day of ~'(, , 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED:_ /Z- ~- ~ y 1~IOTION: APPRO ~flROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 b Ai~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 VOTED ~~~~~ VOTED_ ~~~~. VOTED_Z~~ VOTED` J~cL VOTED Copy served upon Applicant, the Planning and Zoning Depanment, Public YVorlcs Department and the City Attorney. By: ~~-- Dated ity Cleric nutu+/Z:\1Noridil~t\Meridian 15360M\Woodbridge CommunicvWZFfCIs ~2 - ~- ~~ ;:' G ~~a~o~TF4 ~'' . J S~~'~L = 9 Q^~ ~J~~~nn ciiti~~`~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 A~~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLGWOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 ~~ AMENDED September 7, 1999 DATE: July 26, 1999 PROJECT: 98048 PAGE: 1 of 2 EDIT "A" BOUNDARY DESCRIPTION For ANNEXATION TO THE CITY OF MERIDIAN Two parcels of land situated in Sections 17 and 18, T.3N., R.IE., B.M., Ada County, Idaho, more particularly described as follows: PARCEL A A parcel of land being the S'f~ of the NW'/a of Section 17, described as BEGINNING at the north 1/16 comer common to said Sections 17 and 18 as shown oa Record of Survey No. 1199; thence, along the exterior lines of said S'fz of the NW'~&, through the following courses: 1) N.89°30'51 "E., 2648.31 feet to the center-north 1/16 corner of said Section 17, thence; along the east line of said S'k of the NW'/ , 2) S.00°07'39"E., 1328.47 feet to the center '.4 corner of said Section; thence, along the south line of said NW',4, 3) S.89°29'S3"W., 2651.27 feet to the '/ corner common to said Sections 17 and 18; thence, along the west Line of said NW'/a , 4) N.00°00'00"E., 1329.23 feet to the POINT OF BEGINNING. CONTAINING 80.83 Acres, more or less. EXCEPTING THEREFROM the right-of--way for Locust Grove Road. PARCEL B A parcel of land in the NE'/~ of the NE',4 of Section 18, T.3N., R.lE., B.M., Ada County, Idaho, described as BEGIlVNING at the southeast corner of the northeast quarter northeast quarter of Section 18, Township 3 North, Range 1 East, .Boise Meridian, Ada County, Idaho, which is south along the east side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marking the northeast corner of said Section 18; thence, 5) South 89 degrees 11 'k' West, along the south side of the northeast quarter northeast quarter of said Section 18 a distance of 438.7 feet to a steel pin; thence, H:\98048Wnnex-Dac. Doe DATE: July 26, 1999 PROJECT: 98048 PAGE: 2 of 2 6) North 0 degree 5~' East, 149.0 feet to a steel pin; thence, ~ North 89 degrees 11 'i4' East., 436.3 feet to a steel pin; thence, 8) South, 149.0 feet along the east side of said Section 18 to the REAL POINT OF BEGINNING. CONTAINING 1.5 Acres more or less AL Q C T 0 5~ 1999 f~lDI,4N PUBLIC WORKS [)EPT. H:1980481Anncx_ p~ u_ p~ CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: l . 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 othice 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 ly1~,ct~ 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FIlVDINGS 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 SNORTING BULL INVESTMENTS, LLC, OWNER 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 SNORTING BULL INVESTMENTS, 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 TT RESOLVED BY THE MAYOR AND CITY COUNCIi,, as follows: I . The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with SNORTING BULL INVESTMENTS, LLC, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and SNORTING BULL INVESTMENTS, 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, ) County of Ada, `i`\~~~~~~~ti;rrrmttyh ~~E ~`~ ~1~~ ~. ~ffi - SEAL s 9~ ,~oe~ G3 ss. [AM G. BERG, JR. CLERK On this ~ ~' day of C~Q, fr(/~ in the year 2000, before me, m?lv , a Notary Public, appeared WII.,LIAM G. BERG, ., 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 same on behalf of the City of Meridian. `~~ ~ ~ . UG ~~~ :41ti'~,~0 T~~'~ (SEAL) . • ~ ~ , a s • ;~j, ;AUgL,1C~;~O~~ ~':~OFID~' '••....• Not Pu 'c for Idaho Commission Expires: Li @~ msgiZ:\Work1M\Maid~an 15360M\WoodbridgeConani~nit),~CERTofCLKSNORTINGBUL.L.RES RESOLUTION NO. 2 ~ 7 BY: ~C.~~° ~z ~r~~ 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 SNORTING BULL INVESTMENTS, LLC, OWNER. 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 SNORTING BULL INVESTIVIENTS, LLC, denoted as "DEVELOPMENT AGREEMENTn, 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 SNORTING BULL INVESTMENTS, LLC, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and SNORTING BULL IlWESTMENTS, 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. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ~ t~t,rc..cvL , 2000. RESOLUTION OF THE CITY OF MERIDIAN - PAGE ~ OF 2 AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SNORTING BULL INVESTMENT`S, LLC (AZ 99-020) APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~' day of ~- ~~~_, 2000. ATTEST: CLERK msg/Z: \Work\M\Meridian ', ,~ Fo ; s~~~ = ~~~ ,= '~. P ~~. ~~~~ia u ~ ~:;t~it~~ 15360M\Woodbridge Community\SNOR"I'ING.RES RESOLUTION OF THE CITY OF MERIDIAN -PAGE 2 OF 2 AUTHORIZIlVG THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SNORTING BULL INVESTMENTS, LLC (AZ 99-020) Richard H. Andrus JoAnn C. Butler T. Heihe Clark Lauren Maiers Reynoldson Michael 7. Spink (208} 3$8-024$ Ireynaldsar~G spinkbutler,com December 5, 200$ Vfzz Err~ezil (btrr~r•y~rn~t•iclinrtrily.e~'g) William Nary, City Attorney City of Meridian 33 E. Broadwa}t, Suite 308 Meridian, ID $3642 RE: Belveal Construetian Services/TTS Develapxnent, LLC 385 Sauth Locust Grove Raad, Meridian SB File Na. 22657.1 Dear Bill: Belveal Constructio~'t Services and TTS Development, LLC (collectively"Belveal") have retained this firm to represent their interests u~t 1.3 acres of property located at 385 Sotitll Locust Grove Road. in Meridian. City staff recently denied Belveal's request for a certificate of occupancy after Belveal completed rernadeling an existing office structure located air a small portion of the property. We believe the City's denial is in error. A grief 1->stary of tl~e property will help explav~ our position. The property contains a residential structtre that previous owners converted to an office buildu7g more than eight years agc7. 'I11e City annexed and rezoned the property to limited office (LCJ) >111r~~~ as part of the Woodbridge Community Subdivision. After the Gity rezoned the property, two owners other than Belveal utilized the property for two distinct uses. The developer of Woodbridge first used t11e buildil~tg as headquarters for the Woodbridge development. Tile developer t11ex1 sold the praperty and building to a latir firm for use as a lacv office. Belveal purchased the property ut March 200$. Prior to rernodelnlg the office building, Belveal approached the City to acquire a buildu~g permit. The City informed Belveal that it did not deed a building permit, sa Belveal proceeded. with more than $30,000.00 ul remodeling expenses. W11en Belveal completed the remodel (cold only after Belveal expended a significant sum of money), City staff refused to grant a certificate of r~ecupancy for ail. office use, even though the building has been used as office space for nearly the past 10 years. ~`al E. FRfJNY Sl"REEY ~urr~ zo0 P.Q. E3OX Ei39 E3C?ISE, IDAH4837~1 20£3-38~-fiOC)t3 20~^3$8-iQClt (F W W W. SpiN KHlJTLER.COM William Nary December 5, 200 Page 2 lit refusing to issue the vcct~pancy permit, staff claimed, in essence, that a conditional use permit issued to the devclvper of Woodbridge - ttvo owners ago -required Belveal -the current owner - to perfvrln more than. X70,000.00 iI1 laltdseape work oI1 a portion of the property located along Locust Grove Road, Neither the Woodbridge developer nor the law firm ryas required to complete the Iarldscape that staff note requires Belveal tv provide. Furfher, the requested landscape would be located a substantial distance from the office building on a portion of the property that will be fully developed later. Staff .has attempted to bootstrap the conditional use permit applicable tv the use maintained by the developer of Woodbridge tv the detrelapment agreement associated with the rezone to LO (tlie „Development Agreement"). T11e history of #tre property and the Development Agreement demonstrate the landscape work is not required. for the certificate of occupancy Belveal has requested. Tl~e Development Agreement (Illstrurnent Number 100006603} contains vague and apparently conflicting provisions regarding the role of col7ditionaI use permits. Section ~.1 and Section 4.2 of the Development Agreement provide: ~.1 The uses arld development allowed pursuant ~to this Agreement of the subject property shall be subject to and pursuant to the condition {sic} use permit process ~rxd rare iit~ait~d ~a thaw oases nllazx~ed tar~d~~r• "Cite"'s Zarrir~~~ Orclinar•~cP cacti ied oat Sectiaazs 11-~-4Q8 B 7 Meridirara Cif Cade strbjeet tv and pursuant to conditional use process and the conditions imposed in the approval of the conditional use permit shall be included automatically as an amettidment to this subsection of the development agreement nul~c pro ttulc. 4.2 No change in the rises specified il- this Agreement shall be allowed without modification of this Agreement except for the process referenced iz1 section ~.1. Development Agreement ~~ ~.1 alld ~.2 (emphasis added). Section ~ of the Develvprnent Agreement furtl~ter exploits that: "Otvnel:" will submit to "City" ail application for cvnditivnal use permit, alld shall be required tv obtain the "City"`s approtal thereof, in accordance to the City's Zoning & Development Ordinance criteria, thereil, provided, prior to, and as a condition of, the conunencement of construction. cif any bulda`.ngs or improvements on the "Property" tlfai re~~3aaia•e n eoaaditiazzrat t-ise,~rr•~rtif. Development Agreement ~ 5 {emphasis added}. "The Development Agreement could be ilterpreted a trariety of ways. The least restrictive reading of the Development Agreement would require an vrtinler of the property to acquire ~uzd comply wit11 a conditional use permit >tirlren the particular use is fisted as a conditional use tu-ader the Meridian City Code. The most restrictive raading ©f the Development Agreement William Nary December 5, 20(18 Page 3 would require an aivner of the property to acquire and comply with a conditional use permit far nrt~ use. Thus, under the. mast restrictive readalg, Behreal would be required to obtaal a new conditional use permit far an~T of its uses. However, it would not make sense for an owner to seek a conditional use permit #ar an crllytyc~ei ttse in tl~-e I.O zone. Even.. under the most restrictive interpretation of the Development Agreement (and Belveal inaaltaals the proper reading of the Development Agreement is the least restrictive reading), a conditional t~se permit applicable to a use operated by a prior o~rner does not apply to tl~te current owner operating a rlew and distinct rise, particularly when t11e use is an allowed use witllai the L~ zone. Izl this case, tl~e requirements of a eanditional use pernut applicable to the use maintauYed by the Woodbridge developer is euen more distant from the Belveal's use because, u1 tl~e a~terim, a law firm operated a nets u1d distinct use. Belveal should not be held to a different standard than all previous owners. Even if the terms of the arigalal conditional use permit granted to the Woodbridge developer somehow apply #a Belveal's use, which. cATe do not believe is the ease because office use is an allowed use al the LO zone, it appears the Development Agreement does not require immediate installation of landscape. Tile portion of the property where staff has requested 1~u~dscape is located along Locust Gro•cre Road - a substantial distance from the office buldalg. Belveal attends to develop that portion of the property at a later date. Section 14 of the Development Agreement allows the City to issue a certificate of accupailcy far improvements .in earlier phases of developme~~t when improvements withal the particular phase are completed. Thus, the proper time (i.f at all) to address cold/or require 1•uidscape along Locust Grove Road is when the portion of the property clang Locust Grove Raad actually develops. Will you please direct staff to immediately issue tl~e occupancy permit far the buildug? Belveal has relied an the City's prior allowance of an office use on the property and staff's assurances that no .additional. permits were required to remodel the building and then lease it to potential tenants. W e appreciate your consideration on this matter: If you would like to discuss this issue further, please contact me at 388-0245. Very truly you: ~, ~~` r Lauren Maiers LMR j R1 IA.kah c; Belveal Canstructian Services (~ir~x e-att~azl) m a Position Statement O'Neill Homes Office Application (CUP-Ol-001) Please accept the following comments regarding the recommendation to the Meridian City Council by the Meridian Planning and Zoning Commission. Recommendation 1.11 has been modified and is included in the recommendation to Council as 1.31. Recommendation 1.11 should be eliminated to avoid confusion. 2. Recommendation 1.27 has been modified and is roughly contained in 1.28 and 1.29. A letter and an exhibit from Chief Bowers regarding these conditions are attached to this position statement for your convenience. Recommendation 1.27 should be eliminated to avoid confusion. While we acknowledge the point of recommendation 1.32, we do not feel that it is appropriate to include in this recommendation. The building permit fee has been paid and the permit has been issued. We respectfully request that 1.32 be removed from the formal recommendation and conditions of approval. "Apr 02 O 1 08: 23a ,,filer i d i an Fire Department ,$,950390 Meridian City-Rural Fire Department 540 E. Franklin Road -Meridian, Idaho 83642 Phone 208-888-1234 Fax 208-895-0390 February 20, 2001 Mr. Steve Siddoway Meridian Planning and Zoning 200 E. Carlton Meridian, lD 83642 Re: O'Neill Homes Office Application (CUP-01-001) Mr. Siddoway: My comments on the O'Neill Homes office application dated January 15, 2001, required an emergency vehicle turn around to be provided as well as the installation of a fire hydrant. After further discussion with the applicant, and the future construction of Locust Grove Road, I would like to include the following: 1 An adequate tum-around area shall be constructed. This turn around may utilize the planned driveway and drive aisles as proposed on the submitted site plan. Required parking areas may not be utilized for an emergency vehicle turn-around. 2 Afire hydrant shalt be installed upon further development of the property; or, after a period of six years, which ever comes first. Item number two (2) has been revised to be consistent with the Public Works requirement for connection to water and sewer. Per the requirements of the Planning and Zoning Commission, please forward these modified conditions to the City Council with your staff report. Thank you, W Ken W. Bowers, Chief Meridian Fire Department p.2 Cc: O'Neill Nomes LLC, Attn: Scott Beecham Bruce Freckleton, Meridian Public Works Department O'NEILL ENTERPRISES Fax~208-336-5296 Mar 19 '01 1453 P. 02 r-. tip ,-.. rn NO°55'W-- 14.0' o _ 0 - 0 0 0 0 . 0 0 ~ 0 ~ 0 GRAIN LI1~K FENGE ~,oNG. RETAINtN6 wAU- J _ ~ • O I ~ Y 0 PATIO i J _ (A ~ rn x ~ ~ N ' • ~ ~ rn ~ ' D 25~'~ r+n ~~ Z ~ ~'1 ~ - ~ , ~~j ~~ ~ o ~. ~ ~ ~ ~ ~ ~ m` ~ ~ ~ ~ ~ ~ ~ _ D ~' ~ ~ 1 rn ,,.~ ~ ~ p ~ ~ D (~'P,~RKIN6 , ~ ~ ~ ~ -~ [ ~ rn ~ '~ s y ,~ ~ ~, 1 ~ ~ ~~ G ~ ~ ~ I ~ G ~ ~• '~ ~- ~~ ~ ~~~~ ~, ~~, ~_ ~~r ~_ ~... . n 4; ~~t~hV', ~'~' t L Lr,.L~c- a ~~l'i. O'NEILL ENTERPRISES .-. Fax~208-336-5296 Rpr 3 '01 11 45 P. 01 O'NEII.L BNTERPRISES, INC, 100 North 9~' Street, Suite 300 Boise, ID 83702 2081336-3430 Fax: 208 / 336-5296 sh 'p~CaS~ ~ ~ a `~'~'^s le-~ -b -(~. pNl.lti ~ recA~ ~'f ~ w~o~~,a~ o~~. ~t.a•,, ~ e S~~ FACSIMILE TRANSMISSION TO: ~~ _ t~ LOCATION: N4~~-~- ~ ~ 4 FAX NO: ~~- ~ ~Z~~ FROM: ~~-~- C}-~ ~ ~- LOCATION: O'Neilll Enterprises, Inc. FAX NO: 208 / 336-5296 TOTAL PAGES (Including cover sheet): '3 If there are problems with this fax transmission or if you received this fax in error, please call 208! 336-3430 immediately. MESSAGE: Date: I~~ ~~OU~' ~•3•0~ a~ APR 83 '81 11 54 288 336 5296 PAGE.01 O' NEILL ENTERPRISES Fax~208- 336-5296 Apr 3 '01 1145 P. 02 •Rpr 02 ~ O1 08:23a M eridian Fire Department ,.s-. 50390 p.2 Meridian City-Rural Fire Departmenfi 540 E. Franklin Road -Meridian, Idaho 83642 Phone 208-888-1234 Fax 208-895.0390 February 20, 2001 Mr. Steve Siddoway Meridian Planning and Zaning 200 E. Carlton Meridiian, ID 83642 Re: O'NeiH Homes Office Application (CUP-D1-001) Mr. Siddoway: My comments on the O'Neill Horrtes office application dated January 15, 2001, required an emergency vehicle turn around to be provided as well as the installation of a fire hydrant, After further discussion with the applicant, and the future construction of Locust Grove Road, 1 would like to include the following: 1 An adequate turn-around area shah be constructed. This turn around may utilize the planned driveway and drive aisles as proposed on the submitted site plan. Required parking areas may not be utilized far an emergency vehicle turn-around. 2 Afire hydrant shall be installed upon further development of the property; or, after a period of six years, which ever comes first. Item numbertwo (2) has been revised to be consistent with the Public Works requirement for connection to water and sewer. Per the requirements of the Planning and Zoning Commission, please forward these modified conditions to the City Council with your staff report, Thank you, ~. Ken W. Bowers, Chief Meridian Fire Department Cc; O'Neill Homes LLC, Attn: Scott Beecham Bruce Freckleton, Meridian Public Works Department -__ APR 83 '81 11 54 208 336 5296 PAGE.02 O'NEILL ENTERPRISES Fax~208-336-5296 Rpr ,3 '01 11 45 P. 03 IIU"Nt1LL tYVItKt'K1=t,> rax:zuu-J~o-~tiO rear t:-~vi iu~a~ r.~~ t ~i N 0°55' W-- 149.0' o ~ ~ ~ ~ ~ ~ a o ~ ~ ~ c 0 ____. GRAIN UN~ 'FENG~ ----- GONG. i2ETAtAl1N6 WALL , PATlO ~ _ _ _ J ' ~ ~ D F ~ ~ _ ~ j ~_ rn ~~ ~ ., ~-~ ~ -, ~ ~ ~ ~~ ~,.,,. ,~ ~~ Z v D ~"~ ~- p ~ ~ ~ '~ ~ ~ _. D ~ -~ _ ~' ~ ~ ~ ~ p ~-QA~ I f31 ~,- g - ~------ at i ~" ~ , ~. 3 TE: F~CE:IVED , ~,,. i ~ R~~- l t ~` ~ ~ ~ ~ ` -~ , ~~~ ~ -~ ~_.u 4 lV,r. \_ y l1t ~.~ ~~: ~UBhtl i.;j ~,~ ~PPR~;J_ _ _ ,,, AFpRC`~~7 `tti'T ~ All-,':~~~; ~~~~:~.,~IGS CQRfi~CTED ~ ~L ~_ Q~ m~ Iw ~r~ < ~ ls~°~~~~~ ~~,~~ ~ vs ti r- APR 83 '81 11 54 208 336 5296 PAGE.03 O'NEILL ENTERPRISES Fax~208-336-5296 Jan 18 '01 18~4~ r ~-~ ~~~~~~~rr~~~ pERIOIgN • Ipq,~p '"°' u h,~, ~ January 18, 2001 Ms. Shari Stiles Planning Administrator Meridian Planning and Zoning 200 East Carlton Meridian, Idaho 83642 RE: Woodbridge Letter of Credit- Landscaping and Irrigation Dear Shari, P. 02 Per your request, please fmd attached a landscape activity summary for Woodbridge as it relates to my request for a reduction in our bond (letter of credit) with the City of Meridian, As you can see from this summary, we have completed work on Locust Grove Road and are 90% complete on Woodbridge Drive. In addition, we have added pavers, at the intersections, to the programming of Woodbridge Drive. While this amount was not figured into the letter of credit with the City of Meridian, it is reflected on the summary letter from Howard Landscape & Nursery. Also attached is a letter of acceptance of the pressurized irrigation distribution system. The Nampa Meridian Irrigation District has not yet accepted the pump system, however, all of the equipment has been installed and is presumed to be functioning. Final acceptance will occur after water has been returned to the irrigation system (canals, ditches and laterals) this spring and we are able to test the pumps. The bond amount for landscaping and irrigation at Woodbridge totaled $95,187.40. To date, we have spent in excess of $185,000 on the azeas covered by the bond. So as to minimize the amount of work required in reducing the letter of credit, we would appreciate it if you would consider releasing the full amount for landscaping in light of the extra efforts and dollazs we have put in to landscaping along Locust Grove Road and Woodbridge Drive. The remainder of the work that needs to be performed along Woodbridge Drive (placement of sod) will be completed as soon as the weather cooperates. Thank you for your consideration of this issue. Please forward all appropriate correspondence and information to Will Berg at your earliest opportunity. We are eager to reduce, or have released, the letter of credit on Woodbridge. Sincerel , .~- Scott Beecham enclosures CC: Derick O'Neill Jim Conger O'NEILI ENTERPRISES 100 N. 9TH ST., STE. 300 BoISE,IDAno 63702 P: 2D8.336.3g30 F: 208.336.5296 WWW.WOODBA IDGE-pERI DIAN.COM .TAN 18 '81 17 56 208 336 5296 ~ PAGE.02 O'NEILL ENTERPRISES Fax~208-336-5296 .--- Jan 18 O1 ]0:59a IOWRRB COMPANY IFiC OUVAItD COMAANY, IKC. ~ N. WhitlE~y Drtue P.O. Boz ~G9 ~}'uitland, ldah~> 8:3619 T~tephone (208) 452-5296 TeIefax (l08) x.52-=1G21 Boise (208) 322-3296 Bnker City, aR (541) 523-5296 January 18, 2001 O'Neill Enterprises 100 ~1. 9`~ St., Suite 300 Boise, ID $3702 Attn: Scott Beecham Jan 18 ' 01 18 48 P. 03 r-~ 452 4621 p.2 Below is a summary of the Landscaping that has been completed at the Woodbridge Subdivision, along the Locust Grove and Woodbridge Drive areas, as of January 15, 2001 _ Locust Grove/Woodbridge entry {100% complete)------$117,214.00 Woodbridge Drive (approx. 90% wmpiete)---------------$ 69,730.00 Street Pavers (approx. $7'% complete)--------------------$ 33,408.00 Total completed thru Ol/15------$ 213,007.00 Please call if there arc any questions. Sincerely Gary Geils Landscape Division Marker Toward Co., Inc. ~~~~~~~ ~$l~l'~~fi°- JAN 18 '81 17 56 1~D i ~ • Yr.• L~Q4t4V ~KC~ 208 336 5296 PAGE.03 O'NEILL ENTERPRISES Fax~208-336-5296 Jan 18 '01 18 48 Oct 12 00 11:42a OMGER MfalVfiGEMEMT GROUP '81336-2292 OCT-11-2000 WED 02 09 PM MASCO FAK NQ. 2083626199 ' OCT f1 '00 12~v6 P.z P. 04 P. 02 ~~a~~~ ~ '~~~ ~cit~ootr ~~~ iS03fIR5T5TREETSWiH AL4MPq,IDAFg836S1-W95 FAX A' 7pd-461~Q042 or~ober 5, 2000 t3a~ry 8emde. P• E• Tovlyaraan Orlon F~glneerfn~ 9777 ChhdeR ®wd. C+aarden CihI,1D 89T1~200t3 Re: YyoodDridpe Subdivision IVo.1 Dearesrry: PhoM~t Arw [ale 708 OFNCE: htomFro d66.78dr1 SMOF: Nampo ~bo-ft463 The Nampa s NAeridlan ItrigaSiarT Dlslrla has Inspected the insurotion and oomvreted a vreaswt tPSt ar- the above~nerxltleAed subdivision and 11 appearo to be eaosptaDle fot the DisUid. it you have any questions, please feel free to cangd me. SinoeteN. ~i Han~iprt, Aaet. Water 8upediEEea!14ent NAMPA b MERIDIAN IRRIGA'FtON DIBTRIGT BH: din ~~~ Board of pirsctors SeWetary-Treaaurer Asst. Secretsry7roas yvater BtlperiMe~Tdent Pressure Ir>tgWon t>peolalist - C6r1lon RinQtdt Clark Chartered -Bum C~ of Meridian JAN 18 '81 17 56 arrNpffMtA1E IItRK3~AilE gglES gIVER RrDW RKMS-2].000 6013E PRp1EGr RIGMTS •10,000 P-2 208 336 5296 PAGE.04 O'NEILL ENTERPRISES ,_,, Fax~208-336-5296 O'Nei{1r Homes January 5, 2001 O'Neill Homes LLC 100 N. 9th Sl. Suite 300 Boise, 10 83702 208.336.3430 208.3365296 FAX www.o~eillhomes.com Ms. Shari Stiles Meridian Planning and Zoning Administrator 200 E. Carlton Meridian, Idaho $3642 Dear Shari, Jan 5 '01 1257 P. 02 ~. Per your request, I am submitting this letter to further explain the intent of the use of a construction trailer at Woodbridge as well as to inform you of the measures we are willing to take to ensure that the trailer fits in and is not a detriment to the community. The primary use intended for the construction trailer is for on site office space for our field employees and on site meetings. The intent is not to have a conunercial use. As we have discussed, we are in the process of constructing a "Model Row" which will consist of four model homes. A sales office and design center will be included in these models. We do not typically like to share office space between sales and construction because of the different functions. As you can see by visiting the site, we have a substantial investment in Woodbridge and it is in our best interest to make the installation of this trailer look good and fit into the community. Therefore, we intend to dress up and/or screen the trailer by providing landscaping, a formalized entry (i.e. deck, stairway or ramp) and potentially paint dependent upon what trailers are available. For your information, please find attached a schematic site plan identifying the location we have chosen for the trailer. Thank you for your consideration of this issue. Per our discussion, we intend to have this trailer delivered at Woodbridge on Monday, January 8, 2001. Si cere Scott eecham Cc: Derick O'Neill Scott Peterson Bill McMurray u~rrnnnT("~r(` ~-,.,•~na_~~~_~~ati Jan 5 '01 12 ~57 P. 03 U IVCILL L191 L1\I I~1vLV ~ u.~ ~-~-- --- --- _y~ UNPU7im SOUTH LQCUST GROVE ROAD Novo7oo'E +~~~' - - - - - -T--- --r- - - ~ ~~ # soomoow ~s~a A ^ M 1 O~ t O O~ i OI ~ J~ _ _ f ~~ ~ Q ~_ .. ~ ~ D6D0 COg OO,OD O$ pW ~70 ~~~OY~ _ O ~~g~© ~©~e~0~ ~ ~~ y ~i pp f O I ~I~~~` Lp ~ S. ~ 5 ~~D.A~ ~ w'a1 ©A i ~" a po'~ ~~ o '_ '~` 1 _ ~ ~ m fn I pGl[ ACO- I ~~ S r~ S C ~. O~ O~ u O f Ip ~ O ~ ~ ~' ~q O I ~ O ~ 1~ i~ oo'fA~t +-_~ 6'q~OC ~' ~ I O S _ ~ _ _w'ao-_ ~ ~ L1 ~esi mm ~ ~ ~ ~ " q up I 47 ~/i.1i1 -i O '~ 77LT7 ~r 4' ~ S ~ ~ q 5. BSAY AV6. S. HBAII LVB. ~ 0 y ~ 0 y "_ ~ ~ ~ 0 I. ~ - ~3~ O sc .a II ~ J Q f _ r ~ '"~~ '~j ~ yLp00'00'YI ~ ! ,,,° ® _ ~ ~ ,,.a. O 'gym ~ ® ~ _~ ~--~~ ~~~~~ 1 _ ® -ifs' - - ~`" A b a 7 ~ ~ ~ ~~ a / °j'0o' ~ SEE SHEET 3 ~ 0 ~ ~~ ~ ~ ~x 0 ~~ ~9r € ~~ ~~~ I. ~R ~ ~~~ ~~~ g ~~~ ~ ~a~ ~~~ z ~~ ~ ~~ ~ ~~4 ~5 ~ s •, ~4 ITS ~ ~ P g ~ ~ 0 y ~ N 80 ov F ~ ~ ~' o ~ O O ~~ ye~~~~ ~ ti £~ :`J ~~ ~~ ~~ ~l`'~' b ~ , r ~ ~b y \^l y y ~ ~y O ~ ~ ~~ ~~ r~ O ~~ ~~ ,~ O b~ on y \~ V ` y h b O i III CENTRAL CEN~"1L DISTRICT HEALTH D!'~"'1RTMENT ..Return to: •• DISTRICT HEALTH Environmental Health Divisior~ECEIVED ^ Boise DEPARTMENT , ~+ ~„_._ _..,.. ^ Eagle JAN 2 2 2001 ^ Garden City Rezone # ~`R ? ~ ~~~`~"' ,DD f CITY OF MERIDIAN Meridian Conditional Use # C~LG d~ ^ Kuna Preliminary /Final /Short Plat e~ LL ^ ACZ ^ Star ^ 1. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more-data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters andlor surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 14. h :r ~~ , % .~~.; // ~ ,.i .~- - Lac 1 Date: ~l ~ I ~~ ~.v /~'c~ cs~,~-,i u r ~'" ~~,~/~ ~-~~ ~u;~L ~ Reviewed By: ~~ l~~ s^,.~ .A-„ l.~ w ifs C D 1-f b ~4 oL ~ ~~.--«-s~--~_ wl~ Q ll zr ~-r iv v L s,z f'~~~ Stl S %c~ i S' •~e ~c...~~ ~ f'iropa3~c~ L~Jdr. Review Sheet CORD 9A0 Ikc ~ ~ECE-r~,~~,~ RECEIVED JAN 2 4 JAN 2 2 2001 CI'T`Y OF wIEIZIT~ _-~ CITY OF MERIDIAN PLA'~''~TI1tiG & Z()NT~., . r¢ia. & ~~iudc~uc ~Ivai yat~ac~ ?~c~tz~ct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 January 18, 2001 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: CUP 01-001 Conditional Use Permit for Woodbridge Construction Office / O'Neill Homes LLC Dear Commissioners: The Nampa & Meridian Imgation District has no comment on the above-mentioned application. Spinc/~e/rJely, 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 --., .-. O'NEILL ENTERPRISES, INC. January 2, 2001 Ms. Shari Stiles Planning Administrator Meridian Planning and Zoning 200 E. Carlton Meridian, Idaho 83642 Re: Conditional Use Permit request - 385 S. Locust Grove Road Dear Ms. Stiles, This letter and the attached application are to request a conditional use permit for an office use on O'Neill Homes' property at 385 South Locust Grove Road. The subject property was annexed and given a zoning designation of Limited Office (L-O) in 1999 as a part of the development application request for Woodbridge Community. While we had no immediate plans for the property at 385 S. Locust Grove Road, we have recently made the decision to utilize the property and existing structure as an office for O'Neill Homes, in part because of the restrictions placed on the use of construction trailers in new residential developments. This location and use will be of great benefit to O'Neill Homes during the construction of Woodbridge. We are submitting this application at this time in order to meet the City's deadline, but continue to request a meeting with legal counsel for the City of Meridian to discuss the need for this application. As you know, the current zoning of the property is consistent with the proposed use; however, you have interpreted the development agreement to require a conditional use permit for the proposed use. It is important to note that it is O'Neill Enterprises' understanding that a conditional use would be required only for the "development" of the property and not for a change in use of the existing structures. No new structures are requested under this application; rather we are simply proposing to internally remodel an existing building to an office use within a limited office zone. If it is determined that a conditional use permit is not required, we request the right to withdraw this application. Please find attached, the following information: • A completed and signed application form • A legal description of the property • A copy of the warranty deed • A copy of the articles of organization • A vicinity map (1"=300') • 30 copies of the site plan (1"=20') • Photographs of the existing structure (substituted for elevations per our discussion on 12-28-00) • An 8 'h" X 11"reduction of the site plan • A list of mailing addresses of all residents within 300' of the subject property • A written description of the characteristics of the property which makes a conditional use desirable • An application fee of $275 plus mailing fee of $6.60 (10 X $0.33 X 2) • A statement of agreement to pay additional sewer, water or trash fees if required • An signed affidavit for posting of the property Thank you for your time and consideration of this application. Please contact me at 333-2411 with any questions. erely, Scott Beecham Attachments cc: Derick O'Neill 100 North 9th Street, Suite 300 ~ Boise, Idaho 83702 ~ (208) 336-3430 ^ fax: (208) 336-5296 CITY OF MERIDIAN Planning & Zoning Department 200 E. Carlton Avenue, Suite 201, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax ('(71\rT)TTTn1VAT Tl~F PFRMTT APPT TCATTnN ^Check here if Planned Development Application (RE: Meridian Zoning Ordinance -Section 11-17) APPLICANT: O'Neill Homes T T C - ADDRESS: 100 N 9`h 4treet, 4uite 300 Roise, Tdaho R'i70 PHONE: _(2Il$1 ~`iC-'T4'i0 FAX: (2nR~.~~ E-MAIL: OWNER(S) OF RECORD: O'Neill Hom~S T.T C ADDRESS: 100 N 9`f' Street,,Suite 'i0 Rome, Tdaho R'170 PHONE: (2n8) "T~~-~4~0 FAX: (20R) '~~~-5 .9E E-MAIL: FIL c~.uP- o - ~~ v ~Qti , ~j n;~y o~ 9? ~je~erj J ~ffe d 9 ENGINEER, SURVEYOR, PLANNER: Toothman Orton FY1gin ring C'nm}Zan~/Tohnson T)esiQ-n ADDRESS: 9777 Chind n~ulevard Roise, Tdaho R'T714 PHONE: 12.08~~2~-22RR FAX: (22R~ ~2___?_399_ E-MAIL: ADDRESS, GENERAL LOCATION OF SITE: zQS e r n ~~~ CTrove Road >\~eridian, Tdaho R3642 DESCRIPTION OF PRESENT USE: V can Residence DESCRIPTION OF PROPOSED CONDITIONAL USE: Conversion of existing residence m office fnr O'l~Teill T,Tnrr~ S~While the i~se is cnnsiStent with the inning district, the conditions of and rwal fnr the annexation of the T~1 e~ iT'} hav h .nine ret h~ S aff, o r . wire a .nnditional use_permit a~ rwal_ PRESENT ZONE CLASSIFICATION: T invited Office (T.-nl I have read the information APPLICANT'S SIGNATURE: the information is true and correct. SOCIAL SECURITY NUMBER: (FIN • g2'0452Cp~t~ ~ Rcw. 12-?b- (10 - ~ ,~ ;mod DATE: July 26, 1999 PROJECT: 98048 PAGE: 1 of 2 ... ~ ~ E7~IIBIT «A„ .. ,. ... ... . . BOUNDARY DESCRIPTION For ANNEXATION TO THE CITY OF MERIDIAN Two parcels of land situated in Sections 17 and 18, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: PAR L A A parcel and being the S'fi of the NW'/a of Section 17, described as B INNING at the north 1/16 corner co on to said Sections 17 and 18 as shown on Record Survey No. 1199; thence, along the exterior s of said S'fz of the NW',6, through the f owing courses: 1) N.89°30'51 2648.31 feet to the ce -north 1/16 corner of said Section 17, thence; along the st line of said S' of the NW'/ , 2) S.00°07'39"E., 1328.47 o the center '/4 corner of said Section; thence, along the south line of said /4, 3) S.89°29'S3"W. 651.27 feet to the '4 rner common to said Sections 17 and 18; thence, alo the west line of said NW'/ , 4) N. 00'00"E., 1329.23 feet to the POINT OF GINNING. CONTA,HQING 80.83 Acres, more or less. THEREFROM the right-of--way for Locust Grove Road. PARCEL B A parcel of land in the SE'/a of the NE'/ of Section 18, T.3N., R.lE., B.M., Ada County, Idaho, described as BEGINNING at the southeast corner of the northeast quarter northeast quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is south along the east side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marking the northeast corner of said Section 18; thence, 3 5) South 89 degrees 11 'fi' West, along the south side of the northeast quarter northeast quarter of said Section 18 a distance of 438.7 feet to a steel pin; thence, H: \98048 W nnex-Desc. Doc --~ i% DATE: July 26, 1999 PROJECT: 98048 PAGE: 2 of 2 ~~ ~ ~ ~ 6) ~ ~ North 0 degree SS' East, 149.0 feet to ~a steel pin; thence; ~ ~ ~ ~ ~ ~ . 7) North 89 degrees 11 'fi' East., 436.3 feet to a steel pin; thence, 8) South, 149.0 feet along the east side of said Section 18 to the REAL POINT OF BEGINNING. CONTAINING 1.5 Acres more or less H:\98048\Annex-Desc.Doc JAN, -02' O l (TUE) 11 ~ 56 G I VENS~URSLE TAN. 2.2Q01 1~~53PM ~ . i 3, TZCGR HC~I~~E IA , ~~ n A Aenv oeieptny PIQNF.I3R ~TLB Ct3MPA; ass ~~ s,a<~ ~ , poi, al"~ e~ea~ 1 ~~~~~~ Fcr Vatuo ~emlved QUiTC~AIM 91VOR7'T1VG eULI, ila h~bY ml{Ye~'~ LOICSiC, n:1A~11 e~~ ~I'~VCr gGSt C~O(;11 WIiQ OQl HDM~, L.L.C.. whcfe add[pet ie 100 N. 97N. SU~TR ~. tjOQr, lt7. ~~ die 0~11orvta; dc~[Ibad prrmiera, ta•att: SEE AZ"PACR&D BIIiIBIT ~~An AQJ DA OQI;F. t~ jR0 ~ IOOOJA 27 F!I !{r ~~ i[~JpgloP Wltll Thai! .lp~fY[IaGeflOOt. Doted:lenarey Z6, X000 ~ . ~' _aD a>?aicic o~K~l~' TEL ~ 248 3,6„@ 1300 ~08I 33G-6700 I IDARO L'ai'I'~£D L!A$Zi.TT! COI+jPl1GY p~Q~~ ~~ RECO~~R,,pRA r Rlr01iE T p~ ~~e~ue ~oaaa6~ss ., ACkt40iiL60eCsHCNT - LiMired Liabii~,py oanpi,aY ii'LAI& G>: IdehQ Counlty aL' xae o. Dn this day oP s$nuait ir~,Cho ens eJ! ~bc :IildeLai.¢tted ~~ Y i bafBYe ~,e ~ a notary publin, ~areaitin l,y appeared Dariek• 0 Neill ~ Illnewn oC LdeniaEiad to 6e ~_ of ~I~a me~i ^rLe~ maiiaaOC I a a lie~iCeY 1~obiliLy cmm~nny i vE , ~ and thn a~embRZ a anrtaper(a) w n eubeerihatl sa ~E name to tho Taragoing~dnetntnnant, and xal~awladgod t nnaaueod C1ta oaiaa it said iinit:ad Liability catAl~aRy ~x~N,F•~YiCe ,~I ~-~. '~.~' ' ~ 't'J, s Raesdin¢¢ aCt ~.•r a c~ ~ ~ , ~ ~' ` ny connniaoiun I *~ .. ~ , S ~ -' .n+~. Ali r• nd liabill,t:y eegpaay me ~liat he_ _ N0.566 F , ~~'3 P, 006 aR JAN,-02'O1(TUE) 1156 GIVENS.P,(JRSLE TEL~208 ~8 1300 JArI. 2, ~t]l1 12 ~ 53Pt~1 ~ , ~ & TIGQR BOISE III Fiie HURbe~: P1B75f7 L~1tRt~IS uAn The iofiC! ~afsrrad t9 in lgic CamTitn-srtt is d4gorieed oa falioars: 9E:SINgING AT THE StlllT}IEJ6ST GOANER CP THE NORTNPJI.ST OIJARTE]1 NOgT~1EA5T OUAHTER OF SHOTiON'18~ T'DYYNBNiP 3 NoRTFI, AAN4SiDE~o~~,=DIe~CT rnu=~ aNi~Na fl 40UNSY~ ~pAHb~ WHIOH i5 90!~TH 1~LDNri THE F~-sT hLONtl THe OENT~R ~zNE of LaCUBT GPave g0AT1, ~0^®.a FEET FRtlM A 9R4NZL" caP YAAKING THE pORTHEABT COflNER OF BATtl SECTitlp 1B1 TNE1dOt BOL'T~N 99 DE©REE6 19 11F' WBBT ALONG THE SOUTFI SIDE OF TNL' NORTHEAST QUARTER HORTliFA9T 41JARTEfl Of S,4i6 SECT=4N 19 A DI9TAHCE DF ~~p.7 FEET TO A 611'EEL PiH; THENCE NORTH 0 OEGHEE 56+ BA81' 1~Q.0 FEET TO A STEEL AIN~ THENCE HORTli 8B 000AEB3 11 112' EAST +Fa8~3 FkET TO A STEEL PI111 THENCE 50UTH 149.0 FEES ALCNtl THk FART RIDE OF SAIL BL°CTION 16 TO THE ggAL rdINT QP !ldOLNHIN~. N0.5b6 P.,_,r3 P, 001 dNA 4F LNbA6 dpBCIII!'T=4N JAN. -02' O1(TUE) 11:4 GIVEN~,,..pURSLE TEL:208 3,,$~8 1300 P. 002 ~~ i f. ~'S O~ Q~~~i Jl~~! 1~ Lll~ll i ~~ ~IA~ILI! Y C4~'>r1p~lYY ~til~a'~ ~°1~ io ~h~ ~~cr~iary of ~tc"f? oitd~~~t~ (u ? 3; p..~ ~r,r, ~._~. .a_' Corrcra>~ians division ~~ ~, ~ ~ ~~`•'~ i ~,o W1?~; Je~`arscn =cam 2d3 ~ ~ _ . ~ ~' F,~, ~Cx ~:~c0 Baisir, 10 83~2o-GOcO`;~- .. ' ~.: 1. 1 t ie ncr;c C~ t`~e !ir'i~~~ li_~iiiy ccrc~r;y i~~ a~T Homes, LLC 2. Tie ~cC~~ ~ G~~ ~,'~,~ ir;i:~I ,~,is~~r~ Cii;C~ is: 140 Nozth 9th Street Suite 300 {rsa a r mac;,) Boise, Idaho 83702 •, ,_ arc .he n~;,:~ c; ;,~;, IrILi2! CcCIS~e,~~ cQ~n~ cL if is cCC'; c3S (S: .Peter S _ O' N~11~ ~ Jr'ICr1C(llr° Ci ic~l~i r :~ a 3. T'r,~ ICtCG~ C2,. Car~~irl Crl':~a-lCr1 ilia IIrIi.Q llcQlllly C:J{T1C8r:y WlII CIS-~IY2: 12~3I~~02b ti 4~. IS RI:J'1~C~!iiC~lt Ci ilic IIlTlli3~ Ili;bllliy C^.rilpcn}f Y-Sicfl in ~ C~ICiI'sC~;' ~r n~ns~~rs? 5. li nlSriSCBri',E!i~ IS V85~d lf, Or2 CC 1;1Gi'Y Rial'1c~CEr~S~, Ilsi u e f1~Rle~s) Inc ~~'cress(=S} C~ ~i IEGSL cne Irlfil~l rrt~n~g=C. (~ iil~il~aERlEr'ii 15 VES~i.2Ci in tha [71Emaers, IIS; ~~ ncli~r;S~ ct"iGl Gddress(es) or e~ lees one inifi2l member. Name: Acdress: a' Neill. Hnte~rises , Inc _ 100 Noxth nth Street, Suite 300 Boise. Idaho 83702 6, Sian~tt,ra o. ~f le~si cne Farsan I15i~^ Ir =~ cDOVE: Q' iV'eill Ente~rori.ses , Inc . n ~ ~~ ~~ Bv: ~ f~~~ pEter S. O'Nezll, Pze5l.dent sec-~-^icf 9~:~ cs2 C.^~/ ICF~C c~rgr;F.P,Y CF FATE C"+ic 03!!8/i:=o OSC~ ~~5 ORG~t~I LL'f iiq 1~~~. ~~o= ior_i. o LLCt:E,s -- - -- r. gild iwa C.:_ie5 r y. S i C(` II ~ r£$ N~~ ra ~J1c.`.r.,eq 5 i ~- if ..~! ~ f~Y ~r I( 3.:J~. ~~r;:., are :._uc'zr JAN. -O2' O1(TUE) 11 X55 GIVENS..];URSLE TEL~208 3~8 1300 P. 003 z~ ART/GEES C)F AMFNDMBN7' TO ARTICLE'S ~F +QR~I NINA T/ON LIM/TED LIAB/LIT'Y COMPANY ~ ~ '^ _L ~ ~ o ~~ (InstructignS 4r1 back cf application) '~ ~ 4 ~L e name ~of the limited liability company is: OEI Homes, Lr~c ~ ~:.~ '. 2. The date the articles of organization were filed was: Margin i8, 1996 COMPLETE ONLY THE APPLICABLE ITEMS 3. The name of the limited liability cornpar?y is amended to read: __ O'Neill Homes LZO 4. The latest date certain upon which the limited liability company will dissolve is amended to read: 5. The management of the limited liability company shall henceforth be vested in [] Managers} ^ Mertlbers. B. The information on managers/members shall be amended as follows: Name: Address: Add: DeletE: ther: n n ^ D i~ ^ _ ^ ^ _ ^ ~ ^ 7, Signature of at least one manager, if any, or at least one member. 0' p~ 11 E er ises Inc. By Manager Capacity CaAa~itSc s~t~x Secretary a~ State use only a IDAHO SECRETARY OF 5TATE S 91!0512000 A9_40 CK: 8579$ C7: 1626 BH: 27D78~ '4 1 B 39. A6 = 3B. AB OR&AN AMEN ii Z a e ~f ~ (~ ~ ~ ~ n , 1 JClll Oy. ~ ' ~~ .~._~ Q l.y __ -_ ~. -. ~'~ /~ M • ~~ ~~ _~ ~~ ~~ ~a v ^~ _ . _.. ....~~--1 .. _ __'~'~ 1 ,~I 1 ~ ~-- ~~~ n g -N1 ,~ ~^'~, ~ 1 n u ~. ~ rn~ l' 0 n G g -~ ~ n [~ ~~ n 0 0~ u ~ ~ ~~ STONEBRIDGE SUBDIVISION NO'S5'W- 149.0' I ~ ~ ~ o 0 0000000 o ~ ~, ,o '°~_ i ~ ~ ~. ~\~ »'o +; I ~ ~i ~r ~ ~ r~ ~ o ~ ~ ~ ~ ; ~I ~~ i ~ ~_ >~,~ i ~ ; i i ~"~ s ~~~ ~~~ ~~~ ~e~~ ~~~ pp~p~~ V~~ 4~~ 111 '88kk ~I V ~~~ ~~ ~.o.~ ,.,-0, I~ ~ I A ~! ~ p, 1° ~ z ~ . ~ ~ I I I r O ~ ri a Z i I w O Z pN ~ u i ~~ 3 ~ ~ rn I \~~ v ~ I ~ g\~ O-n ~ ~I n i . z i ~~ ~~ i I ~ `~a. \~.\~~ X ~ '~~ ~ _ a ,,,~. ~~a o , ~, ~ I~ I~ ~. - J ~ A SOUTH 149.0' :~®O ~ ~ ~ ~~~ ~ ~~~ ~ u Z ~~~~ ~~ 0 6 ~R m ~ ~ v ~> ~'~ m ~~ §~ ~~~ D k.y : ~ ~~~ ~ 1 0 z ~3 ~ ~ ~~ ~ rn e, `ll R/w Q'" S. LOCUST GROVE ROAD _ L _ R/w Rj4V ~: R/w ~_ r~ z D n rn D z 0 WOODBRIDGE CONSTRUCTION aoNNSOwoesi u.c. OFFICE O~NeIIi I Homes .m ~ ~;: - 5snt By: ; 208 888 6854; Dec-29-00 1:07PM; Page 2 .1 .-. s 4• Y..O~U Q>~Oll~.~ i ~ FROPER~'IES ~VPS'I' iNC 1401 SH~AELINE DR BOISE IT~- 837U2-GA69 E FRAI+r~LIN RD 220 S AD~CINS WAY 270 S 1-~CINS'WAY 330 S AI~KINS.WAY 360 5 AI~KINS ~'AY 7 ,L ANDER.~ON I:AUIZA K 255 S LOi[:UST.GIIbVE RD MERII}I~IN ID 83642-0000 ~ SMI'I'H t~QBER'3' R ~ RUTH ~ 335 S LC~CUSi' GROVE RD M$RITJ~AN ID 63642-6276 i ~ / Ok~I H Iri.C 1 W N ~ST S'I'E 300 BOISE ID 83702-0000 365 5 Lt~CUST CiRUVE RD . S HQWE~M[3RDOCIi DEVELOPMENT CORPORATION 108711V ~tiVEtl S"I' S3'E 250 BOISE I~ 837b5.0008 S LOCU~+T GROVE RD ~ MERIDfiN C1~Z'Y 33 B ID -iU AVE MERID~,AN ID 63642-2631 E WA'I"f'.RTO'A~'R ST ~ bOUBI~E~AYCEE PROPERTIfi3~LLC ais2 w~LUMROSE 5I' MERIDIAN Ili 83b42-4040 190 5 L©CU5'T GROVE ItII g PLAN'It MOR!GAN & MA1ZiLYN I. 3oa 5 L~usi• GaovE RD ME1tI1~AN ID 83642-6204 f °~ 3MTI Fii ~LARSHAI.i. RBSCOE 399 S LOCUS? GROVII RD MERII}L!N I~U 83642-6204 i ~ o wO0I1BRiDCE COM1~il7NI'IY LLC S40 N ~ S'I' STE 300 BEyISE?IL! 83742-0000 450 S i.~KUST Cil~l~VE Conditional Use Application -Statement of Agreement, 385 South Locust Grove With this statement, the applicant (O'Neill Enterprises, Inc.) agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the proposed use of the property. Conditional Use Application -Property Characteristics, 385 South Locust Grove A conditional use permit is desirable and appropriate for the property at 385 S. Locust Grove Road for the following reasons. 1. Comprehensive Plan: The proposed use of the subject property is harmonious with the Comprehensive Plan designation of Mixed/Planned Use Development. 2. Current Zoning: The proposed use of office is consistent with the zoning designation on the property of Limited Office (L-O). 3. Adjacent Land Uses: The property is adjacent to Stone Bridge, a light industrial business park, on the west; and adjacent to a transitioning area on the south side which is currently zoned R-8 but is being contemplated for an up-zone to light industrial pending an update to the Comprehensive Plan. This is the same property that the new Meridian Police Department is being constructed on. 4. Roadways: The property is located on an arterial roadway that is scheduled for expansion to five lanes and an overpass at I-84. The nature of the area is changing from rural to urban. O'NEILL ENTERPRISES Fax~208-336-5296 Jan 3 '01 929 P. 02 -. .-. AFFIDAVIT STATE OF .IDAHO County of Ada ss. Derick O'Neill, 100 North 9th Street, Suite 300, Boise, Idaho, being first duly sworn upon oath, deposes and says: 1. That I am a manager and president of O'Neill Enterprises LLC, which is the manager of O'Neill Homes LLC, applicant on the foregoing Conditional Use Application ("Application"). 2. I have read the contents of the Application and verify that the information contained therein is true and correct. 3. I verify that the property referenced in the Application will be posted one (1) week prior to the hearing indicating that an Conditional Use Permit has been applied for, and giving the time and date of the hearing. Dated this ~8. day of January, 2001. O'Neill Homes LLC, an Idaho limited liability company By: O'Neill Enterprises LLC, an Idaho limited liability cc~any, it(s manager By: Derick O'Neill, Manager SUBSCRIBED AND SWORN to before me the day and year first above written. ,` ~Q4A'''« ~~~ ~~r~~ ~c * ~~_ ~- ~e ~' AUBLIG ~- , ' ~. ~`"'~ pp 1D ~~t`~`~ Notary Public for Idaho Residing at: My Commission Expires: AFFIDAVIT - 1 C:\WiNDO WS\TEMP\Affidavit rc CUP APPlicazion.doc r. CITY OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888~g33 ~- z O ,;, Q o v, `U ,.,a ~ U -1 _ v N J .. ~ ~; w `.~ O .,. W --_ _ r 0 ,.. N O ;,N O \ 1 .--i <•--~ ~ O ~O - W ~ Q `~ ,D ~ ~ M f!1 i .C GD rl W'~ b - 41 .b G x 0 H N C"+ uJ fd CY1 'rl C1 00 b O h-1 +~ A l+ r-~ H i _~ : cq ~ -. U q ~ ~ I O ti ~ W b o D' ',~ V U N~". W ~ - 2W a o0O